Trade mark reputation and digital advertising: a critical examination of dilution protection in European trade mark law

Luminita's research project explores the relation between the definition of trade mark reputation, the way it is measured and how dilution harms are structured in the European trade mark law and the case law of the Court of Justice of the European Union. The main questions that this project seeks to answer are: what is the role of reputation? Should a brand’s reputation be measured differently depending on the dilution harm claimed by the trade mark owner? Should the public perception of a particular brand be considered in free-riding and tarnishment cases? Have online advertising and especially social media platforms, as tools for generating reputation, changed the relevance and hierarchy of the accepted and most used criteria for measuring reputation? What about the new business models?