Research And Regulation Of Well-known Trademark Dilution

The anti-dilution protection of well-known trademark is the expansionprotection for trademark, which is a special protection regulation, differentfrom the tradition theory known as the theory of confusion. The anti-dilutionprotection recognizes the big value of well-known trademark and must giveit special protections. Dilution is a weakening of well-known trademarkability of identifying goods or services, or a reducing of the reputation ofwell-known trademark. The key points of the anti-dilution protection are theidentification and reputation of well-known trademark.In our country, the legislation of dilution is messed up but in practicethere are lots of cases on dilution. The judge restricted with the legislationcan not give a rigorous reasoning in which the theory of anti-dilutionprotection is messed up with the theory of confusion. In this case,the writer references to the basis of existing foreign and domestic researchresults,combining with the actual case of Chinese, giving some support toimprove the lever of the anti-dilution protection in China.This article is divided into four chapters:Chapter one is about the basic theory of dilution, including thedefinition of trademark dilution, the history of dilution theory, nature andtype of dilution and foundation of anti-dilution protection.Chapter two expounds the elements of trademark dilution, quotingcases of Ringling Bros. and Barnum&Bailey Circus and Moseley to makea distinction between actual damage and possible damage.Chapter three introducing the practical legalization of developedcountries.Chapter four analyzing the practical legalization of Chinese, comparedthe legalization and the practice. giving some advice to improve thepractical legalization of Chinese.Chapter five conclusion.