International Journal For Multidisciplinary Research

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The Concept of Doctrine of Dilution and its Effectiveness in Protecting Well-Known Trademarks

Author(s) Aadith A J
Country India
Abstract Abstract
The doctrine of dilution plays a crucial role in protecting well-known trademarks from unauthorized use that may weaken their distinctiveness or tarnish their reputation. Unlike traditional trademark infringement, which requires a likelihood of consumer confusion, dilution laws safeguard famous marks from losing their uniqueness even when used in non- competing markets. This research paper examines the effectiveness of the doctrine of dilution in safeguarding well-known trademarks in India and globally. The study explores the legal framework governing dilution, focusing on key provisions under the Trade Marks Act, 1999 and international agreements such as the Paris Convention and the TRIPS Agreement. Additionally, significant case laws, including Daimler Benz v. Hybo Hindustan and Bata India Ltd. v. Pyarelal & Co., are analysed to understand how courts have interpreted and enforced dilution laws. Despite the legal mechanisms in place, challenges remain in defining well-known trademarks, proving dilution, and balancing trademark protection with free speech rights.
The rise of digital platforms and global commerce has further complicated enforcement, necessitating stronger legal measures. This paper argues that while the doctrine of dilution is a valuable tool, its effectiveness is hindered by ambiguities in legal interpretation and procedural difficulties. To enhance trademark protection, the paper suggests legal reforms, including clearer statutory definitions, improved evidentiary standards, and stronger digital enforcement mechanisms. Strengthening dilution laws will ensure that well-known trademarks retain their distinctiveness and commercial value, benefiting both brand owners and consumers in an increasingly globalized economy.
Keywords Keywords : Trademark dilution, well-known trademarks, intellectual property rights, blurring, tarnishment, Trade Marks Act 1999, Paris Convention, TRIPS Agreement, brand protection, legal framework, trademark infringement, consumer confusion, case law analysis, digital enforcement, trademark distinctivenes
Published In Volume 7, Issue 1, January-February 2025
Published On 2025-02-20
Cite This The Concept of Doctrine of Dilution and its Effectiveness in Protecting Well-Known Trademarks - Aadith A J - IJFMR Volume 7, Issue 1, January-February 2025. DOI 10.36948/ijfmr.2025.v07i01.37294
DOI https://doi.org/10.36948/ijfmr.2025.v07i01.37294
Short DOI https://doi.org/g85ss9
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