Exploring the Roots of European Dilution

(2012) Intellectual Property Quarterly 25-38

34 Pages Posted: 18 Jul 2012

See all articles by Ilanah Simon Fhima

Ilanah Simon Fhima

Institute of Brand and Innovation Law, Unversity College London

Date Written: January 1, 2012

Abstract

The harmonised trade mark regime is now firmly embedded at both the European level, and among the European Member States. Technically the system is an autonomous one, introducing a completely new trade mark law. However, the reality is that the Trade Mark Directive was negotiated and agreed on by the individual Member States and individual Member States' courts are charged with interpreting the legislation and framing questions for reference to the Court of Justice of the European Union (CJEU). Thus pre-harmonisation national approaches inevitably play a role in the way in which European trade mark law is interpreted. This article considers those national approaches in four of European trade mark law's most influential jurisdictions, the United Kingdom, Germany, France and the Benelux, in the field of dilution. It considers how each of those jurisdictions provided protection against dilution prior to harmonisation and endeavours to identify key trends which may have influenced contemporary European dilution law.

Keywords: trade mark, trademark, EU law, dilution, history, Germany, France, Benelux, unfair advantage

JEL Classification: K00, O34

Suggested Citation

Simon, Ilanah, Exploring the Roots of European Dilution (January 1, 2012). (2012) Intellectual Property Quarterly 25-38. Available at SSRN: https://ssrn.com/abstract=2111951

Ilanah Simon (Contact Author)

Institute of Brand and Innovation Law, Unversity College London ( email )

Gower St
London WC1E OEG, WC1E 6BT
United Kingdom

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