The Research And Relevant Revelation On Anti-dilution Protection Of Well-known Trademarks In U.S.

There is a systematic and preliminary research on the anti-dilution protection of well-known trademarks in the U.S. It is made up with four chapters: the first chapter introduces the background of the anti-dilution protection of well-known trademarks briefly; the second chapter researches the anti-dilution protection of well-known trademarks; the third chapter analyses and evaluates the conflict between Federal Trademark Dilution Act (FTDA) and the Constitution in the U.S.; the last chapter is about the illumination that anti-dilution protection of the well-known trademarks brought to us.Chapter One summarizes the international convention of the anti-dilution protection of well-known trademarks firstly. The researcher introduces the main contents of Paris Convention for the Protection of Industrial Property, the Agreement on Trade-related Aspects of Intellectual Property Rights and Joint Recommendation Concerning Provisions on the Protection of well-known Marks, in order to make readers comprehend the legislation system of anti-dilution protection. In addition, this chapter introduces some practice in developed country, such as U.S. and Singapore. Secondly, I introduce the dynamic of anti-dilution protection .Trademark protection has its roots in the common law. Prior to 1996 the cornerstone of trademark infringement is the likelihood of confusion. The scope of protection from trademark infringement is limited to similar goods from competing, or foreseeable competing companies. With trademark protection focusing on the deceitful sale or the palming off of goods, courts were forced into the laborious practice of finding injury in the form of consumer confusion when there was no diversion of customers or sales but the plaintiff had suffered harm.