Dilution of trademark distinctiveness through using other’s famous trademark as one’s trade name under Trademark Act

Abstract

The functions and the legal definitions of trademark and trade name are diverse- trademark distinguishes the origins of goods or services and trade name identifies enterprise or business itself Nevertheless when trade name not only serves as the identifier of the enterprise but also work as the identifier of origins that is the trade name also distinguishes goods or services the usage of the trade name will progressively cause trademark dilution For the purpose of protecting the property rights and endeavors of trademark owners it is substantial to regulate the act of ‘using other’s trademark as one’s trade name’ Based on Article 70 (2) of Taiwanese Trademark Act the act is deemed infringement of the right of trademark There are provisions in the United States and the European Union as well: Section 45 of Lanham Act (15 U S C Section 1127) Article 9(2)(c) and Article 9(3)(d) of the EU Trade Mark Regulation 2017/1001 Article 10(2)(c) and Article 10(3)(d) of Directive (EU) 2015/2436 Litigations of ‘using other’s trademark as one’s trade name’ are not uncommon both at home and abroad such as Moseley C?line and INTEL This thesis aims to explore the illegality of the act of ‘using other’s trademark as one’s trade name’ analyze the elements of Trademark Act and advice how to apply the Act with methods of summarizing law reviews organizing judgements and comparing both American and European legal systems

Date of Award	2019
Original language	English
Supervisor	Yi-Tien Lin (Supervisor)