A Comparative Analysis Ontrademark Dilution

Dilution doctrine originated from a judgment issued by a German district court in 1923, wherein the defendant's use of the plaintiff's famous mark in different kind of goods was found infringement. Thereafter, the aforesaid judgment was frequently consulted by German courts. This, together with experts'further exploration therein led by American trademark attorney Frank Schechter, increasingly maturated dilution doctrine which has been acquiescent by main international statutory IP instruments as well as legislatively defined clearly in some countries such as U.S. In China, while the word"dilution", which occasionally shows up in some judgments, is not adopted in trademark Law, other relevant rules, regulations and judicial interpretations, provisions concerning special protections for famous marks can be found therein definitely, this demonstrates Chinese experts'attention to dilution doctrine. However, controversies arisen from this doctrine are still heated even in U.S where the doctrine is greatly advocated. Further study of dilution doctrine therefore is valuable to enlighten the essentials and disadvantages of famous trademark protection in China via an analysis and comparison among relevant legislations and judicial practice in U.S, EU and China, so as to make recommendations thereof to China.A traditional legal dogmatic approach combined with the method of comparative law has been employed for this thesis which includes the following sections:Following a short introduction of the thesis, the first chapter will review the history of the dilution doctrine as well as analyze its legal foundations, definition, types and difference to traditional trademark law. The second chapter will introduce dilution legislation and case law in U.S. The third chapter will acquaint readers with EU dilution legislation and case law. The forth chapter will elucidated Chinese approach for famous mark protection in legislation and case law levels as well as analyze the disadvantages thereof. In this chapter a comparison among trademark dilution in U.S and EU as well as famous trademark protection in China will be made, on basis of which some advice regarding relevant legislation and judicial practice in China will be given. According to the aforementioned chapters the conclusions of this thesis will be presented at the end.Furthermore, in this thesis, the references to a"product"or to'goods"should be read and construed as used interchangeably, and as including references to services;"trademark"should be read and construed as including"service mark".