On Legal Issues Regarding Anti-Dilution Of Well-known Trademark

Since well-known trademarks have huge commercial value and they have played very important roles in the market economy activities, there have been large well-known trademark dilution cases. The purpose of this thesis is to research and identify the way to perfect the legislation of anti-dilution of well-known trademark and to promote the judicial practices of anti-dilution of well-known trademark.This thesis is composed of the following four chapters with about 40,000 words: Chapter 1, Overview of Well-known Trademark Dilution, Chapter 2, Theoretical Basis and Introduction of Legislation at Home and Abroad of Anti-dilution of Well-known Trademarks, Chapter 3, Anti-dilution of Well-known Trademark in Cyberspace, and Chapter 4, Current Legislation of Anti-dilution of Well-known Trademark in China and Proposals to Perfect the Relevant Legislation.Chapter 1: Overview of Well-known Trademark Dilution. Section 1 introduces the concept and features of well-known trademark as well as recognition standards and recognition authority of well-known trademark in Trademark Law of USA and PRC as well as in the relevant international regulations. Meanwhile, the author also set forth the reason and significance of special protection on well-known trademark. Section 2 describes the concept and nature of dilution. Section 3 analyzes and describes the forms of dilution, including: blurring, tarnishement, degeneration, using well-known trademark in enterprise's name, dilution through comparative advertisement, dilution in cyberspace.Chapter 2: Theoretical Basis and Legislation at Home and Abroad of Anti-dilution of Well-known Trademarks. Section 1, Theoretical Basis of Anti-dilution of Well-known Trademark, introduces the history of well-known trademark and analyzes the theory of confusion, the theory of mentally connection and the theory of anti-dilution on basis of the cases in U.S.A. and Europe as well as China. Section 2, Legislation Introduction of Anti-dilution of Well-known Trademark, introduces the legislation and practice of anti-dilution of well-known trademark both in U.S.A. and Germany.Chapter 3: Anti-dilution of Well-known Trademark in Cyberspace. The fictitious cyberspace is the extension of the actual world. Section 1, Domain Name and Trademark, introduces the concept of domain and analyzes the likeness and difference between domain name and trademark. Section 2, Anti-dilution of Well-known Trademark in the cyberspace, analyzes dilution of well-known trademark in cyberspace and introduces the relevant legislation in U.S.A. and international rules regarding the anti-dilution of well-known trademark in cyberspace.Chapter 4: Current Legislation of Anti-dilution of Well-known Trademark in China and Proposals to Perfect the Relevant Legislation. Section 1 introduces legislation on anti-dilution of well-known trademark in China, including the protection of trademark in the cyberspace. It also analyzes the shortcomings of anti-dilution of well-known trademark in the current trademark law. Section 2 puts the proposals of the anti-dilution of well-known trademark, including the proposal of the protection in the cyberspace.