Trademark dilution

Abstract

This thesis will trace the dilution doctrine back to its roots, which originate as far back as the 1920s and how anti-dilution legislation, through the influence of Frank I Schechter begin to develop around the world. It examines the importance of a trademark having a reputation in order to be protected from dilution and that it is a certain degree of notoriety, which is necessary in order to acquire anti-dilution protection. The two types of dilution will also be analysed in great detail with a comparison of how the European Union as well as the United States tackle the subject. Malta's anti-dilution legislation will also be discussed as well as the dilution protection, which the Maltese system provides to registered as well as unregistered trademarks. Cyber squatting and how it has resulted in dilution will also be explored along with the numerous case law on the subject. Another aspect which this thesis tackles is how the American Courts as well as the European Court of Justice, are moving away from the traditional and historical application and understanding of what the dilution doctrine constitutes as case law is showing that dilution legislation is being applied to similar goods and thus antidilution legislation is being invoked against a competitor. This notion has given rise to much criticism and such criticism will be evaluated.