tag:blogger.com,1999:blog-7923005810906159036.post7898205894483738908..comments2024-03-27T12:49:05.975+00:00Comments on IP finance: European TM dilution and economic analysisAnne Fairpohttp://www.blogger.com/profile/02579190868405783459noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-7923005810906159036.post-63819611516372611082008-12-04T18:59:00.000+00:002008-12-04T18:59:00.000+00:00"Would it be too much to guess that the situations..."Would it be too much to guess that the situations in which the cost to the trade mark owner of bringing a dilution claim will not exceed the benefit of that uncertain course of acton must be few and far between." (per IPKat)<BR/><BR/>Rightly so! Dilution is surely the most extreme frontier of trade mark protection. <BR/><BR/>Only after exhausting identical/identical, likelihood of confusion, free-riding and tarnishment would you come to consider dilution for the rare cases where, despite the fact that none of the above apply, a brand is so iconic and valuable that it seems to risk damage even from an apparently unrelated use. <BR/><BR/>If your brand is that big, then forking out to assemble some decent evidence of detriment is not so unreasonable (and you would only have to pay once since the same raw evidence would probably get you through several cases).<BR/><BR/>The alternative would surely make protection far too easy, once you reached a certain reputation threshold, leading to an inevitable fencing in of the commons (I am imagining a certain restaurant chain taking steps to gain exclusivity over the letter 'm').Anonymousnoreply@blogger.com