Research On U.S.Anti-dilution Protection Of Famous Trademark And Its Reference To China

With the development of economy and society, people would like to choose itemson the basis of trademarks. Trademark is becoming more and more important inconsumption. Then businessmen pay more attention to famous trademarks. Justbecause of this, some lawless people seek gain for themselves by making use of thedistinctiveness of the famous marks, thereby, this kind of behaviour not only harmsobligees interests, but also impeaches the uniform and fair competition marketingorder. Therefore, the protection of famous trademarks plays an important role in thelegal system. Now, there are three kinds of protected theory of famous trademark:confusion theory, associational theory, dilution theory. American is the only countrythat has the statute law about dilution, and dilution theory has a long history in U.S.So, anti-dilution system has already developed perfectly, and a mass of judicatorypractices prove that dilution theory has advantage on protection of famous trademark.So many countries turn their attention to dilution theory. Because of protection systemof trademark being started later in China and some obligees of famous trademark lackof awareness of right protection, the amount of cases is about hurting interests ofobligees of famous trademark towards more. And there are three reasons. For thesereasons, this paper makes suggestions on perfecting the anti-dilution system in ourcountry on the basis of research on U.S. Dilution act of trademark and dilutiontheory,and analysis about disadvantages of legal rules of our country,Through the method of analyzing, understanding the details about dilution theoryand introducing the development of trademark acts of Chinese and Americanrespectively by timing, the author finds out advantages and disadvantages of eachlegal rule. From the above, the author holds that China should accept the dilution theory and build a new protection system of famous trademark which takesTrademark Act as the principal and supplemented by the Anti-Unfair CompetitionLaw. And most of all, Trademark Act should have the rules about definition ofdilution and famous trademark, kinds of dilution and etc, so it can provide areasonable criteria.This paper develops a search on the topic in four parts. Purpose is that the papertries to make some suggestions to legal protection of famous trademark of China,through researching on U.S.dilution acts and details of dilution theory.The first part is to introduce three theories of protection of famous trademark,which include confusion theory, associational theory, dilution theory, and to draw aconclusion about advantages and disadvantages of each theory.In the second part, the paper will illustrate the U.S.dilution acts development andimprovement progress.The third part of paper mainly expounds the legal rules of U.S. Dilution Acts. Thispart uses two ways of reasoning-----case analysis method and comparative analysismethod.The last part of the paper is the concrete introduction and suggestions of perfectinglegal system of famous trademark protection in our country.