EU dilution protection: from the fanciful trade marks to a change in the economic behaviour of the average consumer

Abstract

[Abstract] Dilution protection emerged in the 1920s as a jurisprudential response to the legal loophole in Trade Mark Acts. From its origin to the present, the enhanced protection has undergone a deep evolution which has turned it into one of the most controversial aspects of Trade Mark Law. Nowadays, while this protection beyond the principle of speciality is no longer questioned, it is still misunderstood. Almost a century after its conception, not only should dilution protection and its requisites be revaluated, but the configuration of the protection must also be analysed in order to clarify persistent iscomprehensions. Turning back to the roots of dilution protection can help to understand this elusive protection and promote reflection on how it has been applied.