La dilución de la marca en la Unión Europea y en los Estados Unidos de América

Abstract

The dilution theory was originated to protect trade marks that have reached a certain degree of knowledge against the use of an identical or similar to for dissimilar goods. This protection emerged in the 1920s as a jurisprudential response to the legal loophole in trade mark laws. From its origin to the present, the enhanced protection has undergone a deep evolution which has turned it into one of the most controversial figures of Trade Mark Law. The aim of the thesis is to study the problems that surround the trade mark dilution. For that purpose, it has been conducted a comparative law study between the European Union and the United States of America. Due to this comparative study, it has been addressed some of the most controversial issues of the protection against the detriment to the distinctive character of the trade mark with a reputation or the famous trade mark. Thus, it is analyzed the concept of a trade mark with a reputation and the famous trade mark, the requirements of the enhanced protection as well as the protection itself, namely, its regulation, its practical application by courts and its basis.