Dilution theory goes back to 1927 when Frank Schechter published his seminal article The Rational Basis for Trademark Protection, (40 Harv L Rev 813, 1927) where he talked about the need to protect trademarks (referring to identical marks only) against use by unauthorised third parties on non-similar products. Schechter was arguing based on the background of a German decision issued in 1925 (Landesgericht, Elberfeld, 25 Juristiche Wochenschrift 502).