You can’t use confusion to dilute a famous brand : A comparative study of the approaches of the EU and South Africato dilution

Sammanfattning: The primary objective of the study as contained in this thesis is the discussion of the approaches to dilution taken by the legal systems of the European Union and South Africa. Although a comparative methodology is employed the discussion grounds the separate development of the anti-dilution provisions in both systems first before discussing comparisons and diverging approaches (should they exist). As a result of the South African anti-dilution provisions being relatively new, there exists a lot of overlap between the approaches in the United Kingdom, European Union and South Africa. Dilution both as a concept and a reality remains controversial as both the courts and commentators grapple with how it fits within greater Trade Mark law. The relationship between traditional infringement and dilution is equally contentious as questions continue to be asked about the relevance of the anti-dilution provisions when traditional infringement already exists and is effective. A question that is constantly asked is: can there be infringement without confusion? Equally contentious is the issue of whether a parody exception should be introduced in Trade Mark law even though there is minimal litigation around the issue of parody and dilution.