Study on the Determination of the Nature of Trademark Dilution--Taking the "Lao Gan Ma Case" as an Example

Abstract

China's current legislation does not make clear provisions for the dilution of well-known trademarks, resulting in difficulties in identifying dilution cases in practice. One such notable instance is the "Lao Gan Ma" dispute, which serves as a telling example of this legal gray area. Consequently, it becomes imperative to delve into typical cases like the "Lao Gan Ma Case" to gain clarity on the disputed actions' legal nature, and then demonstrate how the dilution theory can be applied in the determination of specific cases. Utilizing the case study method, this paper aims to examine a particular case of trademark dilution in detail. The initial focus is on clarifying the concept of trademark dilution and its constituent elements of determination. This theoretical foundation is essential for accurately analyzing the nature of the complained-of infringing act. The significance of this paper is to theoretically solve the problem of determining the nature of dilution under the system of China's Trademark Law, to provide a reference for the determination of the same type of cases in the future, and hopefully to provide ideas for the future legislation on trademark dilution in China.