The Application of Dilution Theory under the Unfair Competition Law--Focusing on the United States Law

• Main Authors: Hsu, Tzu-Chen, 許慈真
• Other Authors: 張懿云
• Format: Others
• Language: zh-TW
• Published: 2005
• Online Access: http://ndltd.ncl.edu.tw/handle/48175125854847658950

碩士 === 輔仁大學 === 財經法律學系 === 93 === Because of the transaction forms changing, trademarks gradually do not identify the sources of goods or services, but dramatically become the super salesmen. Not only are trademarks marketing and advertising around the world instead of producers or sellers, but also its image and commercial magnetism become the most important indicators for the public to purchase. Therefore, increasing asset value of trademarks attracts either competitors or non-competitors to imitate or take advantage of it, especially on the occasion of non-related products to which likelihood of confusion does not apply. To resolve this dispute, the Dilution Theory is to be born consequently. This article focuses on the history of developments of the dilution theory in the United States because of its rich experiences, and introduces from the birth of the conception in late 1920s, the legislation and practice of the states, to the enactment of the Federal Trademark Dilution Act of 1995(FTDA). The dilution theory not only differs from the principle of consumer protection in the traditional trademark law, but also its protection of legal interest is ambiguity so that arguments never end. It is unclear that the dilution theory bases on the protection of property rights, or of fair competition. For this reason, this article tries to analyze several important issues about applications of the FTDA that reflects the confusion in the theory, and discuss the influence of interpreting the FTDA on fair competition. Especially, since at the first time the Supreme Court of the United States expresses its opinions concerning applications of the FTDA, the debate goes sharp, and the Trademark Dilution Revision Act of 2005 is urged to enact strongly. Finally, by the experiences in the United States, this article reviews the stipulations of dilution in the Trademark Law 2003 in Taiwan, and tries to supply some suggestions.