Trademark Essays

Trademark Dilution (Victoria Secrets Case) In today’s world consumers purchase products on the basis of brand name and trade symbol which accompanies the product, rather than buying the product on the basis of usefulness and quality. Therefore the protection of the trademark is important. Trademark dilution is a claim which owner of well-known trademark can make to prohibit others from using a mark which decreases or lowers the value or distinctiveness or defames the reputation and uniqueness of

the area of intellectual property. The Internet poses unique problems for those trying to protect the goodwill and intangible value encapsulated in a trademark. With the advent of the World Wide Web and increasing access availability, online trading has become very important to the world of commerce and as such the provisions of traditional trademark law have come under duress. The Irish Trade Marks Act 1996 describes a trade mark as being any graphical representation (words, designs,

with the Fine Bros and agree to share a portion of the video’s revenue with them. However, this did not sit well with the online community, as many of videos on YouTube and comment threads of Reddit went on to bash and shame the two. Although this trademark controversy can be thought of as a form of censorship for those who would like to make reaction videos on YouTube, this debacle is a huge misunderstanding due to the lack of

Memo applicable law on copyright and trademark (Facebook) 1. Facebook Statement of rights and responsibilities When one creates a Facebook page, one accepts and undertakes to abide by Facebook Statement or rights and responsibilities. Section 5 “Protecting Other People's Rights” of Facebook Statement of rights and responsibilities provides that: “We respect other people's rights, and expect you to do the same. 1. You will not post content or take any action on Facebook that infringes or violates

How Trademark acts as a Hero while protecting our Business? How do we as consumers differentiate between two brands? Isn't it that through that small logo etched in every single product of that brand? Many of can easily relate that big yellow funky M, to our very own Mc Donald's or that silver apple with the American software company Apple. There are numerous examples, where we recognize a brand through its logo, tagline, design or some arbitrary combination of colors and letters. These different

to resolve “the question of whether the objective evidence of actual damage to the economic value of a famous mark rather than a presumption of damage from subjective probability standard of dilution is required for relief under the act.” Federal Trademark Dilution Act entails the factors that determine whether a mark is distinctive and famous. The act defines “dilution” as the “lessening of the capacity of a famous mark to identify and distinguish goods or services.” The FTDA answers that question

This case is an example of a company’s trademark being violated. A trademark is a word or symbol that differentiates one company’s products/services from another's. For a consumer, a trademark guarantees that he or she is buying the real item while protecting the company from other businesses using unfair and unethical practices. This case made it to a federal court because Warner Brothers had met the four-factor test for injunctive relief, which is a court order to stop an action, in this case stopping

and service marks The trademarks are key element in the commercial promotion of goods and services both within the country and abroad. Through awareness programs indigenous communities can be made aware of the fact that Trademark can be used by them to extract financial gains from their Traditional Knowledge and protect it from unfair commercial exploitation by outsiders. Certification and collective marks may be used to protect Trademark. If an organization is established to “certify” that particular

which this is accomplished; trademarks, patents, copyrights, and trade secrets. Trademarks and copyrights must be registered, patents must be granted. Trademarks can be registered at the United States Patent and Trademark Office USPTO this is also where patent applications are filed and granted. Copyrights must be registered with the U.S. Copyright Office (Bouchoux, 2013). All three forms involve different rules on public notification and enforcement and only trademarks can be renewed. Trade secrets

A trademark law protects the indigenous knowledge of the aborigines such as a cultural name or a symbol. This trade mark law system helps the indigenous communities to benefit from their indigenous knowledge. It also safeguards their economic interest from the commercial companies. These trade mark registrations will indirectly boost the branding image and reputation of the indigenous communities. Protection of Indigenous Knowledge in the United States The natives in the United States seek protection

How does Trade Marks Act Protect Indigenous Knowledge in Different Countries ? A trademark law is used to protect marks, devices, brands, headings, labels and names. A trademark law protects an indigenous knowledge of the aborigines such as a cultural name or a symbol. The trade mark system is designed to help the indigenous communities to get benefit from their indigenous knowledge. It also safeguards their economic interest from the commercial companies by registering indigenous names, words,

by an individual or a group of individuals which is recognized by state laws. Three types of intellectual property that apply to Jimmy. According to Hals-Ketcher (2006) Intellectual properties (IP) which apply to Jimmy are; patents, copyright and trademarks, all enable people to earn recognition or financial benefit from what they invent or create. Patents fall into three broad categories: utility, design, and plant patents. The device “Are You There? “is protected by the utility patent the most common

“Snow White” ladies’ sponge and make-up bags, we can see that the Defendants used an unregistered trademark similar from the “Cinderella” slippers on their “Snow White” sponge and make-up bags similar to the Plaintiff’s design on the slippers. Let’s explore the case of the Cinderella slippers versus the Snow White sponge bags and make-up bags. We learned from Lau and Johnson (2014) textbook that a “trademark are words, names, colors, sounds, symbols, shapes, and other identifying characteristics (p.

Brewing Company strived to claim the generic word "Lite" in marketing advertisements, to differentiate themselves from any and all brewing companies including Falstaff from misrepresentation. B.   Generic terms such as "Lite" cannot be preserved under trademark law because it would violate the Federal Unfair Competition Law. C.   Under the Lanham Trade-Mark Act, a generic term is not subject to de jure protection. D.   Miller Brewing Company was debarred by principles of collateral estoppel from successfully

The argument below is to advise Phat Flavaz Ltd. as to whether they are able to register the odour of cannabis which is impregnated in their new t-shirt, whether they are able to register a new trademark called “STREET GEAR” for clothing and whether they are likely to succeed in an action for infringement against Bad Boyz Ltd. First of all, we have to discuss what is a trade mark? A trade mark is a word, phrase, symbol or design, or combination of words, phrases, symbols or designs

Stangaid, which could include trademark rights and trademark infringement. A trademark is a distinctive mark, design, or expression that distinguishes products or services of a particular source from those of others (Clarkson & Miller, 150). Trademark rights are protected under federal law, specifically the Lanham Act of 1946. The Lanham Act was created to protect owners who have registered trademarks from unauthorized use of their marks (Clarkson & Miller, 152). Trademark infringement occurs when another

Throughout this case there are many different type of legal theories that can apply to a majority of the characters discussed. To start, Mike Merchant could be indicted of trademark infringement. A trademark is a distinctive mark, symbol, name, word, motto, or device that identifies the goods of a particular business. In the textbook there is a case that references a very similar situation to Mike’s; “When the manufacturer of knockoff goods offers a consumer a cheap knockoff copy of the original

separately owned teams conceded in a joint venture to as part of the National Football League Properties to grant rights to companies that would produce licensed team NFL items. In December of 2000 it granted Reebok international the right to solely trademark and produce headwear on behalf of all the teams in the league. American Needle who previously also held license with the National Football League Properties lost the right to create exclusive headgear for any of the team in the NFL under the Reebok

In order to protect their “Red Sole Mark”, Louboutin filed an application with the US patent and trademark in March, 2007. An approval of the trademark protection was given to Louboutin in 2008 for “lacquered red sole on footwear” having the color red as the main feature. In 2011, the famous fashion company of YSL decided to release monochromatic footwear using the colors yellow, green, purple and red. This segment included the same color for the whole shoe, including the heel, insole, upper and

Part 8: Ownership Creativity and Innovation: Intellectual Property Innovation is an important part of the auto industry. However, for innovation to pay dividends to a company, the company must have ways to protect its intellectual property and inventions (General Motors, 2015d). General Motors includes a section in its employee Code of Conduct entitled, "Protecting GM Information" (2015d). This section states that it is every employees responsibility to protect "GM information" and goes as far as