Abstract
Trademark as a part of Intellectual Property Right (IPR) has a significant role in world of trading. Trademark has an identification function to divide goods product or service, and promotion instrument for goods guarantee of quality. Trademark creates an image from that good or services. Trademark of good or service should represent as a well-known trademark. Well-known trademark duplication by third party with bad faith was used for taking profit. That duplication raised a trademark infringement so called Trademark Dilution. Trademark dilution is a third party action to duplicate or use a well-known trademark that diluted its reputation and identification. In Indonesia doesnt have a cases which is based on reputation claims. In this context, this dissertation aims to: find out the legal theory that could be applied in protecting the rights of the Indonesian trademark owners against online trademark dilution; find out the legal principles that could be applied in proving claims against online trademark dilution;and formulate the settlement for resolving disputes between the Indonesian trademark owners and those who commit online trademark dilution. This normative legal research is specifically to describe and to analyze with library study and observation; to exploring definitions, objectives, and existence of trademark dilution especially in online transaction. The methods of research are Legal Historical Method and Comparative Law Method. This research used qualitative analysis in regard to secondary data resulted from library study and primary date resulted from field research.The conclusions resulting from this research are Firstly, the use of differential principle, good faith principle, well-known principle, reputation principle, territoriality principle for trademark dilution claims. Secondly,legal protection concept for trademark holder in Indonesia from online trademark dilution by third parties should be categorized as protection from differential and reputation, which is caused blurring and tarnishment. Thirdly, protection concept for dispute settlement for Indonesian trademark holder is to settle by applying Private International Law such as basis of precense principle .
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