Dilution of Goodwill in Trademarks: A Case Study in Indian Context

55 Pages Posted: 1 Feb 2013 Last revised: 5 May 2016

Date Written: April 5, 2012

Abstract

‘Trademark Dilution Doctrine’ is basically a trademark law concept which permits the owner of a famous or a well known trademark to refrain others from using that mark in a way which would harm its reputation. In most cases, trademark dilution involves an unauthorized use of another's trademark on products that do not compete with, and have little connection with, those of the trademark owner. The objective of dilution is to protect strong and well-known trademarks from losing their uniqueness in the minds of public with a particular product. Dilution is a basis of trademark infringement which only applies to famous marks. For instance, when we speak of Benz we associate it with the car alone but when somebody else uses a similar mark like Benz for a garments then the mark will remind two products in the minds of the consumer. Dilution regards trademark not only as a commercial signature but also as a ‘silent salesman’ which directly comes in contact with the consumers.

Keywords: Dilution, Trademarks, Passing Off, Well-Known Marks

Suggested Citation

Jain, Sankalp, Dilution of Goodwill in Trademarks: A Case Study in Indian Context (April 5, 2012). Available at SSRN: https://ssrn.com/abstract=2208105 or http://dx.doi.org/10.2139/ssrn.2208105

Sankalp Jain (Contact Author)

Delhi High Court ( email )

Delhi High Court
New Delhi, ND Delhi 110001
India

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