The Conflict And Coordination Between Trademark Dilution And Commercial Free Speech

Trademark dilution theory is different from traditional confusion theory, it expandswell-known trademark owner`s scope to implement right through cross-class protection.However, trademark is made by its owner and consumer, in other words, the owner andconsumer granted a specific meaning to trademark together, which means the protectionthat well-known trademark owner got by the theory that trademark dilution claimsconflicts with commercial free speech that consumer enjoys as the co-author. This thesis,by analyzing ways about dealing with trademark dilution in legislation and judicialpractice and elaborating relationships about trademark parody with trademark dilution andcommercial free speech from the perspective of trademark parody, consummates thenative legal system by referring to foreign legal theory and judicial practice. The paperintroduces the origin and performance of conflict between trademark dilution andcommercial free speech by expounding the definition and classification of trademarkdilution and elaborating the notion of commercial free speech and its constitutionality; thecontent of the second part paves the way for conflict resolution by exploring domestic andinternational legal status; for the purpose to have a deep understanding about therelationship between trademark dilution and commercial free speech, the third partproposes theoretical basis and methods about how to resolve conflict from the perspectiveof trademark parody; the last part of the article is the enlightenment about how tocoordinate the relationship between trademark dilution and commercial free speech for thepurpose to construct the China`s system of trademark parody.