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Abstract:
CONTENTS-
1. Introduction
2. Literature review
3. Research objectives
4. Research questions
5. Hypothesis
6. Research methodology
8. References
(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
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
2. Discuss the similarities and differences between trademark dilution and trademark
infringement?
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
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
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.
References-