Anti-dilution Protection Of The Distinctiveness Of Well-known Trademark

Traditional trademark infringement theory is based on possibility that consumermay confuse the sources of merchandise, which identifies the function of trademark as alabel of sources of merchandise. If a symbol, same or highly similar to a well-knowntrademark, is used to present different or dissimilar merchandise or service, takingadvantage its goodwill or reputation, the tortfeasor would seek not only illegitimatebusiness interests, but also gradually wear or dilute the public understanding of thewell-known trademark. However, said behavior did not lead consumers to confusion ormisidentification, the traditional trademark infringe theory cannot protect a well-knowntrademark, which forces the owner of well-known trademark turn to the dilution theory.The root of the problem focuses on the evolution of trademark function: thefunction has transited from a symbol of the sources of trademark to advertisinginvestment. During the process, the distinctiveness dilution of well-known trademarkessentially means that the dilution will gradually weaken or wear down thedistinctiveness to impair the ability of establishing fixed connection, even threaten theexistence of the “trademark”, which formed the ground of emergent anti-dilutionprotection.Although the majority of the countries in the world through different ways providethe well-known trademark anti-dilution protection, our lawmakers and some academicsalso recognized and tried to introduce the theory of dilution of trademark, but somescholars still upheld that the "lead the public confusion or misidentification" should bethe premise of dilution, that when consumers’ confusion happened, the specialinfringement(dilution) can be identified, and that this use behavior can be defined fortrademark infringement behavior. This makes the infringing standards very ambiguous.Therefore, our country has not adopted the trademark dilution of protection legislation,naturally, unable to provide the well-known trademark significant anti-dilutionprotection.Accordingly, this article will discuss the overview of well-known trademarksignificant dilution, the form and main jeopardy of the distinctiveness dilution ofwell-known trademark, and further analyze the status-quo of anti-dilution protection ofthe distinctiveness of well-known trademark and pending issues. At last, the feasiblelegislative suggestions of the distinctiveness dilution of well-known trademark will be proposed after the introduction and reference of this theory overseas.