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The Sense and Sensibility in the Anti-Dilution Right

Ng-Loy Wee Loon

(2012) 24 SAcLJ 927

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.