Economic reasons against trademark dilution
The development of trademarks in modern society forces us to pay more attention to its advertising function. Today, most trademark lawsuits are caused by the use of similar trademarks on goods that do not constitute a competitive relationship. Using the same or similar trademarks on the same or similar goods becomes an exception, which further confuses consumers. It is more in a subtle or subtle way, with hints or subtle methods. Its purpose is to circumvent the traditional trademark infringement regulations, because according to the regulations, if consumers do not confuse the source of goods, there is no tort liability. In this way, no matter from the frequency of occurrence or the value of illegal income, most of the illegal use of trademarks will be outside the protection of traditional trademarks; Because naked infringement is abnormal, and hidden hitchhiking is aimed at trademarks with considerable economic value, and its behavior gains a lot. This forces us to re-recognize the value of trademarks and redefine the basis of trademark protection. Skeat said that the value of modern trademarks lies not in identifying the source of goods, but in creating sales force; This purchasing power comes from public psychology, which depends not only on the commodity value of the trademark, but also on uniqueness and singleness); The trademark itself; Using the trademark on related or unrelated goods will damage this uniqueness or singleness; The law should also protect it, and the degree of protection depends on the degree to which the trademark owner distinguishes it from other trademarks through his own efforts or creativity. Skeat also cited German cases to prove his point. A company that produces steel uses the trademark "Odol" of mouthwash. Although consumers will not think that the company that produces mouthwash has started to produce steel, German courts believe that consumers will associate mouthwash with this trademark, and then think that any goods sold under the same trademark have the same good quality. If everyone uses this trademark to identify the goods they provide, the trademark will lose its purchasing power. Therefore, the manufacturer of mouthwash has the right to ensure that the trademark will not be diluted.