Trademark dilution in the EU

Frank Schechter, the founder of dilution theory, pointed out in The Historical Foundations of the Law Relating to Trade-Marks (166, 1925): “Any theory of trademark protection which … does not focus the protective function of the court upon the goodwill of the owner of the trademark, inevitably renders such owner dependent for protection … upon the judicial estimate of the state of the public mind. This psychological element is in any event at best an uncertain factor …” since “the so-called ordinary purchaser changes his mental qualities with every judge”. At the heart of establishing dilution lies the dichotomy between the objective goodwill of the trademark and the subjective state of mind of the consumer.