Protecting Brands From Trade Mark Dilution In The Digital Era

Introduction

In an era where brand identity is one of the most valuable corporate assets and intellectual property (IP) is valued, auctioned or traded like any other asset, the concept of trade mark dilution has gained unprecedented significance. Traditionally, trade mark law has focused on preventing confusion and deception amongst consumers, ensuring that consumers can reliably associate goods and services with their rightful owners. However, with the rise of digital platforms, social media and global e-commerce, trade marks are more vulnerable than ever- not just to infringement but also dilution and, furthermore, genericide¹.

To understand how these risks differ in nature and their legal implications, it is important to compare trade mark infringement, dilution and genericide side by side: