Abstract

http://ssrn.com/abstract=1144362
 
 

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Dilution and Trademark Registration


Robert Burrell


University of Western Australia - Faculty of Law

Michael Handler


University of New South Wales (UNSW) - Faculty of Law

2008

Transnational Law and Contemporary Problems, 2008
University of Queensland TC Beirne School of Law Research Paper No. 08-06

Abstract:     
In this article we seek to explore the relationship between dilution and trademark registration. We argue that existing mechanisms for protecting against dilution fit uncomfortably alongside the information function of trademark registers. We therefore explore, as an alternative method of affording trademark owners protection against dilution, a system of defensive registration of the type that emerged in the British Commonwealth in the 1930s. Our intention in doing so is not so much to put forward defensive registration as a model for reform, but more to use defensive registration as a mechanism to examine and problematize anti-dilution protection. In particular, we demonstrate that the objections that might be raised to a defensive registration scheme pose equally awkward questions for advocates of anti-dilution protection.

Number of Pages in PDF File: 44

Keywords: Trade marks, trade mark dilution, dilution, function of registration, Schechter, Schechter's theory

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Date posted: July 10, 2008 ; Last revised: October 12, 2012

Suggested Citation

Burrell, Robert and Handler, Michael, Dilution and Trademark Registration (2008). Transnational Law and Contemporary Problems, 2008 ; University of Queensland TC Beirne School of Law Research Paper No. 08-06. Available at SSRN: http://ssrn.com/abstract=1144362

Contact Information

Robert Burrell (Contact Author)
University of Western Australia - Faculty of Law ( email )
M253
35 Stirling Highway
Crawley, Western Australia 6009
Australia

Michael Handler
University of New South Wales (UNSW) - Faculty of Law ( email )
Kensington, New South Wales 2052
Australia
+61 2 9385 2874 (Phone)
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