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Mba Business

In: Business and Management

Submitted By chudee1
Words 517
Pages 3
INTRODUCTION
In the eyes of the ordinary consumer, a trademark is the source of identification of a particular good, if someone decides to creake a similar trademark which will confuse the consumer in thinking that the laer trademark is the same as the earlier trademark,a case of trademark infringement has occurred.However,a later trademark can be created which is unsimmilar to an earlier well-known trademark and does not cause a likelihood of confusion in the eyes of the consumer but however is likely to create a mental association between the earlier well-Known mark and the subsequent mark in which case,the repute of the well known mark is affected.This latter case is protected under trademark dilution. Trademark has to do with a recognisable sign or mark which is attributed to an actual source and as a result the owner of a trademark claims exclusive rights to that property identified by the mark. As a result of the above, the owner of a trademark gets protection from the law to prevent another person from using that trademark, this protection is justified in the sense that it protects the creativity of the owner of the trademark so he is rewarded for his investment and the public is not confused to associate another product bearing similar marks with the earlier trademark. Trademark law helps to inform the public about the source of a product,enable differentiation,gurantee quality and helps in advertising, in all,trademark law provides cosunmer with efficient market information and market choices as well provide the trademark owner with protection to the identification of his brand and economic benefit.This shows that an element of public and private interest in involved in the creation of trademark law.However,there has now become another law under trademark whih has to do with trademark diluton,in which emphasis is placed on the distintve quality of th trademark which has to be famous,from being dilouted by another subsewuent mark.The concept of trademark dilution is not based on protecting the consumer from being confused or making his choices but it is created to protect of the owners well known mark from being associated with a later mark.This paper seeks to compare the Jurisdiction of the United Kingdom and the United states of America in considering the the concept and meaning of trademark dilution in both jurisdictions,the laws governing this concept,as well as the rationale behing the law of trademark dilution to see if the private and public interest is considered in the protection provided under dilution laws.In all,this paper seeks to find out if trademark dilution is however relevant to trademark law since dilution laws seems to shift its protection to the private interests of the trademark owner whom must have a product that is well known,and not given any consideration to the public interests which has to do with the consumer of whose benefit trademark law is given huge importance.

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[ 1 ]. shakesphe
[ 2 ]. Bentley & Sherman, Intellectual Property Law (2nd Edn, OUP 2004)
[ 3 ]. thesis
[ 4 ]. Elpr public

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