On U.S. Anti--Dilution System And Its Reference To China

Adopt the theory of the trademark dilution to protect the well-known trademark, has already become a new trend of intellectual property protection, but the anti-dilution system of our country has not set up yet. This paper makes research on the source and basic conception of the trademark dilution theory, the anti-dilution legislation and practice in U.S. Through the method of comparing , analysing , summing up etc. , propose the some suggestions on perfecting the anti-dilution system in our country. This paper includes four chapters.Chapter one: The summary of the trademark dilution theory. Through the argumentation with basic meaning , essential feature jurisprudence of the theory, attempt to introduce the theory and its basic conception.Chapter two: The legislative system of anti-dilution laws in U.S. This chapter introduce the state and federal anti-dilution laws, analyze the forms, the requirement and the remedy of the dilution.Chapter three: The application of anti-dilution law in U.S. judicial practice .This chapter analyze the particular cases in U.S. judicial practice, introduce the different views of the courts, make it clear that the standard by which to determine the dilution and the standard of the remedy.Chapter four: The suggestions on how to establish the anti-dilution system in our country. This chapter analyze the difference between laws in U.S. and China, and point out the necessity for China to establish the anti-dilution system.