Introduction To begin with, a “trademark” may refer to any word, name, symbol, device or combinations thereof used by merchants or manufacturers of goods and services to identify these specific goods and services, as well as to distinguish them from others offered in the course of trade (____________________________). Upon registering a trademark, the mark is in fact established. This process is essential in granting the owner the exclusive right to using the trademark, i.e. the right to prevent all
TRADEMARK INFRINGEMENT 1 Trademark Infringement and Counterfeiting in the Fashion Industry In 2012 US Customs and Border officials seized $1.26 Billion, in counterfeit goods (US seizes counterfeit goods worth $1.26 billion in 2012, 2013). Counterfeiting has become so widespread that it has often become difficult to determine which item is the authentic one. Counterfeit goods fall under the intellectual property law of trademarks. When a trademark has been infringed upon in the fashion industry
3)Passing off and trademark can / cannot protect a business reputation. It is an important / unimportant feature or has / has no important bearing in businesses’ marketing efforts.(By Aloysius) Trademark Trademark is a sign, or a mark, that is used to give your own company or business your own identity. Hence, trademark is able to allow others to clearly distinguish your company from others which may have similar goods or shares. Trademark is also able to restrict others to use your company’s brand
artistic works, any symbols, names, images, and designs used in commerce’. Intellectual Properties such as Patents, designs, trademarks and copyrights are protected by laws .The US government offers different types of protection for these properties. The Lanham Act (15 U.S.C.A. section 1051 et seq) also known as the trademark act of 1946 provides protection for trademarks. A trademark is defined as a name, a word, a symbol, or device or any combination thereof, adopted and used by a manufacturer or merchant
A trademark is most often known as a symbol, word, or phrase that is used in commerce to distinguish a particular seller’s wares from that of another ("Trade-marks Act")( Wensley & Caraway). The protection of trademarks within the Canadian trademark law is not only emphasized within the Trade-marks Act, but also decreed under common law, similarly known as the rulings dictated by federal judiciaries ("Canadian trademark law"). This implies that trademarks can either be registered under the Act, or
probed interest in this area of the law. A few of those factors include musicians seeking protection of their musical talents through use of copyrights, companies seek to protect inventions of advanced production capabilities, companies create trademarks that differentiate their unique goods from competitors, and companies like Coca-Cola protect their undisclosed ingredients for their products through use of trade secrets. These examples are to gain an understanding of how and why intellectual
Thereafter, Keisha Lowell became more aware of the allegedly trademark infringements as she called her attorney general immediate. Kay Lowell’s attorney sent a brief writing letter to Kay Lowe demandingly that she has stop using “KayLo” for her products and branch for some purpose. When Kay ignored, Keisha’s attorney filed a lawsuit against Kay Lowe and her branch in Dubai court of first request for the alleged trademark infringement. Kaisha filed against Kay Lowe. this is because the ideas and
creation of mind, such as literary and artistic works, inventions, designs, names, symbols, logos and even images used in industries. Some example of Intellectual property are that business owners, they are given exclusive rights for the use of their trademark or even their identity, logo, which were originally established by them. Even for creative artistes like singers, artist are granted copyrights on their musical, drawings, artistic works for their creation. This would allow the artistes to protect
TRADE MARK LAW IN USA Trademark is a word, symbol or phrase used for identifying a particular manufactures or seller’s products and distinguish them from other products. The overall purpose of Trademark law is to prevent unfair trade competitions by protecting the use of words, symbols logo design, name ect..Why because these are the key distinguishing things of goods and services of a firm. These laws protecting consumers by preventing firms and companies from using trademarks substantially similar
Trademarks are the foundation of competition for businesses and it grants the freedom of choice to buyers. In the jungle of products, trademarks help buyers to get exactly what they want to buy. It is the function of a trademark to give an indication to the purchaser as to the manufacturing or quality of the goods. Therefore it is necessary to protect the trademark and its distinctiveness as perceived by public. Trademark law generally deals with the protection of trademark from being infringed when
Beverly WEE, since ‘Nutella’ and ‘Nutello’ are made-up words, and without the meaning and hidden ideas; it would be hard, if not impractical to determine a concept common to the two. The CA also commented that the particularity of the registered trademark is a factor to be considered when analyzing the three aspects of similarities; which are visual, aural and conceptual. And given the significant degree of inherent discreteness that the ‘Nutella’ word mark possessed as an invented word, the mere
Several possible legal issues are evident in the scenario. In this scenario, the name Hallowed would receive protection as a trademark since it is a word that distinguishes the product from others. A trademark is understood as a design, symbol, phrase or word or a mix of these that distinguishes and identifies the source of the goods of one firm from those of other firms. A trade dress basically refers to the visual impression which is created by the totality of every element utilized in packaging
Mainly based on case-by-case basis, prior to 1995, the court held that the importer was not using the trademark as a trademark and therefore could not be infringing the trademark. For instance, Atari Inc v Fairstar Electronics Pty Ltd (1982) 1 IPR 291; R A & A Bailey & Co Ltd v Boccaccio Pty Ltd (1986) 6 IPR 279; Delphic Wholesalers Pty Ltd v Elco Food Co Pty Ltd (1987) 8 IPR 545. There was a separation between the owner of the registered Australian trade mark and the company that actually produced
promotions. When the ‘ambush marketing’ strategies fall within the IP laws, like trademark, copyright, and passing off they can be regulated, if not regulation needs special laws. In NHL v. Pepsi Cola, Canada, Pepsi was held liable for Ambush Marketing, as it was not the official sponsor of the event. However, Pepsi was let off as there was no product similarity between NHL and Pepsi, nor was there any IP infringement, like passing off. In the New Zealand Olympic and Commonwealth Games Ass’n, Inc
a brand wants to enter China, can its trademark be protected in the potential market? For instance, CarMan, a registered German trademark, is famous in Euro after using for several years. Now, CarMan is eager to enter China’s market, but there is a same trademark has been registered and used in the same goods as CarMan. The following part is trying to solve disputes arose from the situations like CarMan. I. Trademark Law in China A. Development of Trademark Law After the founding of the People’s
Importance of protecting one’s intellectual property Intellectual property is critical to many companies in order to foster innovation and boosting their revenues. Many industries rely on the protection of patents, trademarks and copyrights as they are valuable assets for companies’ success. By protecting intellectual properties, it ensures that the original owner reaps full benefits from his/her ideas, features, products and creations. Prevent and stop others from using you Intellectual Property:
involving copyright, patent and trademark infringement claims involve exorbitant costs of litigation, irrespective of the actual time required to either settle or for a judgement to be rendered. The majority of these costs arise from the necessity for expert testimony, especially in patent infringement cases. While copyright and trademark cases are less technical, these costs are not entirely done away with, due to the need to present market-driven data when trademarks are infringed, due to the high
Patents Patents are defined as “a government license that gives the holder exclusive rights to a process, design or new invention for a designated period of time” (Reference 1). When an individual comes up with a product, a composition, machine, process or an improvement to the aforementioned aspects, they can apply for a patent. The government may approve of a patent if it fits certain criteria. Patents need to be innovative, useful and not obvious to others. The main purpose of a patent is to
TRADEMARK ISSUES IN CYBER SPACE The two main areas of intellectual property law which have been greatly affected, if not completely transcended by the advent of the internet age are the law related to copyright and trademarks. As noted by the Bureau of WIPO, the internet has been described as the world’s biggest copy machine . The internet enables one to make instantaneous copies of same quality. Unlike before when the copies were to be faxed or couriered, now the internet allows one to send unlimited
opportunity to audit a trademark law course, where I learned about the Trademark Act of 1946 and several major trademark law cases. Additionally, I was a blogger for American University Washington College of Law’s Intellectual Property Law Brief (IPLB). As a blogger, I produced articles discussing a range of intellectual property topics, such as geographically descriptive trademarks, Internet service providers’ liability, music sampling, and foreign trademark infringement. My coursework and my work