Abstract:
Modern trade mark law is no longer just about preventing confusion in the marketplace. It is also about preventing the “dilution” of the distinctiveness or reputation of a trade mark. Critics of this anti-dilution right has slammed it for its lack of juridical basis and for its very amorphous scope, raising the concern that this uncertainty can have a chilling effect on fair and free competition in business. For better or worse, the anti-dilution right is now part of the trade mark landscape in Singapore. The aim of this article is to inject some certainty into the dilution analysis.