Doctrine of Dilution Under Law of Trademarks - A Comparative Analysis of Law in United Kingdom and United States of America

Abstract

It is very significant to protect the trademark and prevent its infringement hence Doctrine of Dilution comes into light if identical trademark is used by another person even in non-competitive markets. It is becoming more popular and relevant as there are many products which are become so well known that using that trademark even in non- competitive market will certainly cause confusion in the minds of public and people will connect it to the that well known trademark, though it is not, therefore uniqueness of well known trademark is at stake and to prevent it a doctrine of dilution has been evolved that permits the owner of a famous mark to forbid others from using that mark in a way which would harm its uniqueness. The paper starts with illustrating the Concept of doctrine of dilution and proceeds further to the history and evolution in modern period. The paper clarifies the progressive achievement of distinct laws in counties like United States of America, United Kingdom and India. For more expounding understanding of the concept the second half of paper give a detailed distinction of US and UK laws in relation to doctrine of dilution. In the end the suggestions to amend the recent laws lead to the conclusion.