Applying the law on trade mark dilution

Abstract

The origins of EU trade mark dilution law are controversial and the action today is difficult for courts to understand and apply in practice. This article looks at the origins of the action in the Odel case and in US legal writing, before turning to the challenges facing the modern practitioner dealing with dilution cases in the EU courts today. Particular analysis is given to the criterion of “uniqueness”, now best understood as a unique reputation for certain products or services. In addition, the article examines the criterion of a “change in the economic behaviour of consumers” in the light of the Intel and Wolf Head judgments of the CJEU.