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WORKING TITLE: Trademark dilution; In search of new vistas.

Abstract:

A comparative study on the concept of trademark dilution globally and finding


new concepts and conclusive suggestions for Indian IPRs.

CONTENTS-

1. Introduction

2. Literature review

3. Research objectives

4. Research questions

5. Hypothesis

6. Research methodology

7. Tentative chapter division

8. References

Submitted by- Submitted to- Sumit Agarwala

Harpreet Singh Asst. Professor

(LLM-2016-17) ALS

INTRODUCTION
One of the simplest and most common definition: Trademark dilution is a trademark law
concept giving the owner of a famous trademark standing to forbid others from using that
mark in a way that would lessen its uniqueness.

Dilution differentiates the law of trademark infringement in a way that there is no need to
prove a likelihood of confusion to protect a mark. What is required is the use of a famous
mark by a third party which causes the dilution of the distinctive quality of the mark.

Having in view the extensive protection extended to reputed marks by the dilution doctrine, a
liberal interpretation of the doctrine by the judiciary is not in public interest. It prompts every
trademark owner to get his mark included in the class of famous mark. Moreover, the liberal
approach of the judiciary in examining the fame and other standards required to constitute
dilution makes this field altogether murky. As apprehended by Mark A. Lemly if courts are
not careful to restrain the new doctrine, it will soon take a life of its own.

LITERATURE REVIEW

Review of literature is extremely useful in understanding the background of Trademark


Dilution. It also helps in attaining the basic knowledge of the research topic and identifying
the various issues related to it. It promotes the understanding of research problems
thoroughly, formulating the objectives and research design of the study. The present study
extends the previous literature by examining trademark dilution and creating its new vistas.

Various articles, working papers, books and reports of the regulatory authorities have been
studied for the purpose of thorough understanding of this concept.

RESEARCH OBJECTIVE

The dissertation shall have the following objectives, to be pursued in a systematic and
coherent manner: -

1. To know the trademark dilution and its importance in the trademark acts.
2. Legislation related to trademark dilution.
3. Discuss the benchmark cases which levied the status of trademark dilution in India.
4. To know the judicial approaches of trademark dilution in international community.
5. Discuss cases of other nationalities which changed the face of trademark dilution
worldwide.
6. Reasons for recognising the trademark dilution laws in the Indian courts in late 1990.
(discussions of specific acts and case laws)
7. To know the recent emerging issues in the Indian trademark dilution laws.
8. Scope of improvement in Indian laws while comparing them with the other nations.

RESEARCH QUESTIONS

1. What is trademark dilution? Discuss its evolution and concept.

2. Discuss the similarities and differences between trademark dilution and trademark
infringement?

3. Up to what extent international community follows the trademark dilution law?

4. International conventions for trademark dilution globally?

5. Indian laws for trademark dilution in comparison with old laws?

6. Discuss emerging issues in trademark dilution in domestic and global law with
leading cases. What could be the remedies for them?

7. What changes are required in Indian laws to improve the trademark dilution?

8. What are the laws which can be borrowed from other nations on trademark?

HYPOTHESIS

Trademark dilution as a vastly used doctrine in future

Trademark laws made as one on the international standard

How Indian judiciary should counter the offenders and make strict rules

RESEARCH METHODOLOGY

All the questions could be answered from the collected books, articles and other references.
Analysis of various cases and literature which has been collected from various sources in the
prime method for deriving conclusions.Opinions from various legal experts will be collected
through personal contacts and enquiries.

Both primary and secondary sources will be used for this purpose:

1. In this study Primary data will be use through questionnaire survey and interview
method

a) Questionnaire: According to Collis and Hussey (2003) 88, questionnaires are


associated with both positivistic and phenomenological methodologies. They (Collis
and Hussey) describe a questionnaire as a list of carefully structured questions, chosen
after considerable testing, with a view to eliciting reliable responses from a chosen
sample. Questionnaires are one of the most common and popular tools to gather data
from a large number of people. A good questionnaire can be a powerful tool to inform
the evaluation, and a poorly designed questionnaire can make research result
inaccurate. To accomplish the aforementioned research objectives, the data for this
study will collect through self-administered questionnaires. The Questionnaire will
cover the following factors:

Trade dilution
Global trademark dilution
Trademark dilution in India
Emerging issues in Trademark dilution
New vistas in IPRs.

b) Interview: An interview is a conversation where questions are asked and answers are
given. In this research the interview method will help to explore the views,
experiences, beliefs or motivations of individuals.

2. Secondary data would be used in the research from Research Reports, Journals , the
Internet ,Organizational Reports ,Reference books etc.

TENTATIVE CHAPTER DIVISION

1. Introduction, Concept relevancy and evolution of trademark dilution-


This chapter would discuss the basic idea for trademark dilution and its need in the
society.
2. Global scenario of trademark dilution with comparisons-
International covenants, treaties, etc would be discussed and Indian laws in
comparison to other nations.

3. Indian aspect of trademark dilution, changes in 1990-


Notion of trademark dilution in India and to extent it is used by the judiciary.
Alteration in concept made in 1990.

4. Emerging issues in trademark dilution at global and domestic levels


Problems in the execution of laws with certain cases which affects the statue. Certain
case laws which aware countrymen for trademark dilution.

5. Conclusive suggestions and scope in Indian laws with addition to the


international laws
As a concluding chapter we could suggest our views from the interference drawn
from the above chapters. Carefully examined suggestions would be provided.

References-

Indian Trademark act 1999


Intellectual property law by Dr Avtar singh
Guide to TRADE MARKS Law author Manish Arora
Venkateswaran on Trade Marks and Passing Off
Trademark dilution by Tony Mortino
textbook case of dilution Eastman Photographic Materials v. Kodak Cycle, 15 R.P.C.
105 (Eng. 1898)
Louis Vuitton Malletier S.A. v. Haute Diggity Dog, LLC, 464 F. Supp. 2d 495, 504-505
(E.D. Va. 2006).
Starbucks Corporation v. Wolfe's Borough Coffee, Inc. d/b/a Black Bear Micro
Roastery, 588 F.3d 97 (2d Cir. 2009).
www.rslr.in/uploads/3/2/0/5/32050109/2._trademark_dilution.pdf
www.selvamandselvam.in/blog/trademark-dilution-yea-nay
www.rslr.in/rslr-blog/trademark-dilution-in-india
Many more areas will be explored and referred as the research goes on.