This article examines the rationales behind the selection of reputation as a prerequisite for enhanced protection in the European law on trade mark dilution. To this end, the article offers an in-depth account of the emergence of the concept of trade mark reputation in the European legislation as well as of the legislative process in itself. The examination proposed herein should prove useful when interpreting European dilution law in a purposive way. Furthermore, by looking at the historical context is which the ‘socially constructed’ concept of ‘trademark reputation’ emerged, this article seeks to shed some light on the policy considerations behind the choice of this criterion.
Keywords: trade marks, brands, dilution, policy considerations, trademark
How to Cite:
Olteanu, L., (2022) “European Dilution: Mapping the Origin and Roles of the Reputation Requirement”, Journal of Law and Jurisprudence 11(1), 32-63. doi: https://doi.org/10.14324/111.444.2052-1871.1354