The Judicial Determination Of Trademark Dilution

This paper starts from the basic theory of trademark dilution,This paper starts from the basic theory of trademark dilution,clarifies its standard by enumerating the legislative provisions of well-known trademarks in the United States,Germany and international conventions,clarifies its judgment standard,analyzes the present situation of legislation and judicial situation,and identifies the desalination in the judicial practice.Of the standard.At last,it concludes how to improve the existing standard.This paper points four part.The first part is the basic theory.By analyzing the definition,behavior of the nature of interpretation,this paper introduces the basic connotation of trademark dilution in detail.Secondly combining case,discusses the desalination of two kinds of forms and exceptions.Finally on the relationship between the desalination and confusion.The second part is the comparative study of extraterritorial law.In the field of trademark dilution,through to research and comparison the United States,Germany and international conventions,In detail,analyzed the legislative reasons and legislative effects of the above-mentioned countries' legislation and international conventions,and concluding viewpoints of the systems' the advantages and disadvantages,and some inspiration to our country.The third part is about the trademark dilution legislation and judicial situation of our country.In the legislation,through analyzed the Trademark Law and Judicial Interpretation,it is argued that the provisions of our country's law are consistent with the connotation of dilution theory;In judicial practice,Through to the summary of judgment,draw the three kinds of trademark dilution of the way in our country,and to demonstration and analysis with the case.The fourth part is based on the discussion of above,Through the analysis and summary of the extraterritorial law and the practice in our country's judicial pratice,combing out the judicial determination of trademark dilution,and then points the deficiency.Finally,on the basis of clearly defined the basic theory,improving suggestion to the judicial determination of trademark dilution.