Trademark Dilution Theory And Research Of Judicial Practice Of Trademark Dilution In China

The function of a trademark has been expanding to a large extent from identifying the resource of goods to avoid the confusion of consumers since the world wide economy develops rapidly.Good will or excellent reputation of famous trademark holder has been contained in and carried by the famous trademark especially,against which more and more infringements have appeared.Therefore,dilution theory has been raised up to avoid and deal with the infringements against famous trademarks which is called dilution of trademark.The first nationwide dilution act was passed in U.S.and,some similar dilution acts or regulations were made also in some other countries.Some articles related to dilution was added into "Paris Convention" and "TRIPs".The now used trademark law of China is still based upon the traditional confusion theory,however.Some of articles of trademark law issued in China were amended to offer expended protection for famous trademark,but those articles are not exactly that of dilution.Hence,it has become an inevitable issue about how to cite and rely Chinese trademark law that is based upon confusion theory and apply the dilution theory that is quite different from confusion theory to make the judgment of dilution cases just and legitimate.This thesis offers a practical way both consistent with the now used trademark law and justified by the applying of dilution theory under judicial circumstance of China,after analyzing the dilution theory and cases related of China.This thesis is divided into several parts below:Chapter one:outline of dilution theory,containing the origin of dilution theory, analysis of Federal Trademark Dilution Act,decomposing of dilution concept and,the detriment of dilution. Chapter two:differences between dilution and other infringement against trademark.Chapter three:similar regulations in the laws of China.Chapter four:analyzing cases related in China in order that a practical method with which the judgment is both just and legitimate could be raised to be suitable under judicial circumstance of China.Finally,a conclusion can be drawn that,a just and legitimate judgment can be made by applying dilution theory within the scope of present laws after just and legitimate interpretation to the present laws under the present legal circumstance of China.