Trademark Dilution

A.I. Varakina Trademark Dilution In foreign jurisdictions, right holders for the purpose of protection of well-known trademarks use methods against "dilution" of such trademarks. In Russia, the concept of trademark dilution is not envisaged by the legislation. At the same time, attempts to apply certain provisions of the concept are present in judicial practice. The purpose of this graduate paper is to research the concepts of trademark dilution effective in the EU and US, to analyze their implementation by Russian judicial practice. The objectives of the graduate paper are as follows: (i) determine the limits of the exclusive right to a trademark enshrined in the law and judicial practice of Russia; (ii) research the concepts of trademark dilution implemented in the EU and the US; (iii) analyze the Russian legislation and law judicial practice with respect to the weakening the distinctiveness of famous trademarks. The subject of the study are the provisions related to trademark dilution and their enforcement in the US, EU and Russia. The object is the legal relations in view of the enforcement of mechanisms provided for protection against trademark dilution. The graduate paper sets forth the following conclusions: 1. The scope of a well-known trademark may actually expand in such a way that the limits of the exclusive right may be extended in case of confusion. In this regard, the right holder should be given the special protection. 2. In the EU and the US, such protection is provided through the implementation of the trademark dilution concepts. 3. In Russia, the protection against trademark dilution is provided by the mechanisms of antitrust and civil law. The absence of the special method of protection is partially compensated by an expansive interpretation of the provisions of the civil law and the implementation of categories specific to the EU and US concepts. Academic Supervisor: V.O. Kalyatin, S.J.C., senior professor