Protection of trademarks from dilution: A comparative analysis of the United States, United Kingdom, and India

The incorporation of doctrine of dilution has been a hit and a miss in the trademark jurisprudence; so, have the aspects of blurring, tarnishment, unfair advantage, and misappropriation of trademarks when looked at through the lens of dilution. The review of three jurisdictions namely the United States, the United Kingdom, and India highlight the foregoing. This piece of research attempts to elucidate the differences in the level of protection available to a trademark. It also highlights the fundamental difference in the way dilution is approached and the perceived desirability of the action in the three jurisdictions. The paper approaches this concept through an inquiry into the origin of dilution and its evolution in the three jurisdictions, highlighting and explaining relevant impediments to the development, challenges, and scope for improvement.