An Appraisal of Trademark Dilution Under the Trademark Law

This study carefully examined the concept of trademark dilution which is a deviation from orthodox trademark protection. This study unravelled the concept by providing a framework for understanding and evaluating trademark dilution law, emphasising the fact that the use of a brand can affect the customers negatively and therefore result in a negative perception of such goods or mark, and that the misappropriation of the advertising value of a trademark and its use on noncompeting but related goods may cause the injury of confusion of sponsorship. Emphasizing that trademarks are significant assets into which are channelled considerable marketing, investment, advertising and promotional expenditures, and in which rest a substantial part of the goodwill and reputation of a trader's business. Through an analytical approach, it has also clearly expounded on the theories of unfair competition, Passing Off and Comparative Advertising, which are indispensable to the proper comprehension of the practice of Trademark Dilution in the market sphere. It then gleaned from the experiences in foreign jurisdictions.