Trademark Dilution in India

  • Bipasha Barua
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  • Bipasha Barua

    LL.M. Student at Amity University, Noida, India

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In terms“of intellectual property rights, trademark protection is a crucial subject because the idea of Trademarks now serve a broader purpose than simply identifying the source of goods and services; instead, they inform consumers about a product's price, quality, and brand identity keep their assets safe.” Consumers are intended to be protected by trademark law against market confusion, probability of confusion, and fraud. It also emphasises preventing harm to the trader's reputation and goodwill. According to the aforementioned notion, the maintenance of the trademark's singularity and uniqueness is crucial for both its owner and the general public. Given this, the Frank Schechter-developed doctrine of trademark dilution resulted in a major change in the breadth and depth of trademark protection. The“doctrine of dilution is a notion in trademark law that enables the owner of a well-known trademark to prevent others from using their mark in a way that would lessen its distinctiveness. The doctrine of dilution differs significantly from other types of infringement in that it grants the right to the owner of a trademark to stop someone from violating it even in non-competitive markets or with products that are dissimilar to the trademark owner's or that are not in direct competition with it. The concept of dilution was developed in India by the Delhi High Court in Daimler Benz Aktiegesellschaft v. Hybo Hindustan . The court granted the plaintiffs an injunction despite without going into great length to define the term "dilution." The Court determined that Benz was a trademark with a distinguished reputation that stood for the world's best-built automobiles and was the pinnacle of status and quality. It is obvious that using the Benz trademark on clothing would compromise the mark's distinctiveness.“As a result, the court issued an injunction prohibiting the defendants from using the Benz logo on underwear with a three-pointed human figure in a ring.” “The aspect of trademark infringement known as "trademark dilution" allows the owner of a well-known mark to forbid others from using it on the grounds that doing so will likely damage the mark's goodwill or distinctiveness.Dilution protection for trademarks protects uses that do not give consumers the impression that a product has been made by someone other than the trademark owner, in contrast to ordinary trademark law.




International Journal of Law Management and Humanities, Volume 6, Issue 3, Page 1940 - 1948


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