Academic literature on the topic 'Famous trademark'
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Journal articles on the topic "Famous trademark"
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Muzakki, Moch Alfi, Kholis Roisah, and Rahandy Rizki Prananda. "LEGAL POLITICAL OF WELL-KNOWN TRADEMARK PROTECTION REVIEWED FROM DEVELOPMENT OF TRADEMARK LAW IN INDONESIA TO AVOID FRAUDULENT COMPETITION." LAW REFORM 14, no. 2 (2018): 176. http://dx.doi.org/10.14710/lr.v14i2.20865.
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The achievement of a Trademark in order to become famous is not an easy job, the obstacle of building a Trademark into a well-known trademark is a factor that encourages the emergence of fraudulent competition that is detrimental to others. The Issuance of Law No. 20 of 2016 concerning Trademarks and Geographical Indications is deemed unable to accommodate fraudulent competition. This study aims to examine the law politics of famous Trademark protection in terms of the development of Trademark law in Indonesia and to compare the protection of famous Trademarks in Indonesia with other countries to avoid fraudulent competition in the use Trademarks. This study is applied a normative juridical approach. The results of the study show that even though Indonesia has made amendment toward Trademark Law (UUM) 5 times, there is no specific definition of a well-known brand within Indonesia. Indonesia does not yet have arrangements regarding fraudulent competition in the brand, even though Indonesia has anti-competition laws, but fraudulent competition in Indonesia does not use it as a legal basis.Keywords: Trademark; Well-Known Trademark; Fraudulent Competition.
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Cho, Sungho, J. Lucy Lee, June Won, and Jong Kwan (Jake) Lee. "Empirical Investigation of Sport Trademark Dilution Using Contingent Valuation Method." Journal of Sport Management 34, no. 3 (2020): 189–200. http://dx.doi.org/10.1123/jsm.2019-0174.
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Under the federal trademark law, owners of famous sport trademarks may bring legal claims against unauthorized users of their marks under the infringement and dilution theory. Although the rationale of trademark infringement has been supported by various notions of consumer psychology and law and economics, the theory of dilution has been criticized for the lack of empirical support. This study investigated whether the junior use of major sport trademarks would have dilutive effects on the senior marks in financial terms. The study employed the contingent valuation method, a technique designed to estimate the economic values of nonpecuniary assets such as trademarks. A total of 140 subjects were exposed to dilutive information while they purchased sport brand merchandise. A series of pre- and posttests revealed that moderately famous sport trademarks suffered dilutive harm from junior use, whereas exceptionally famous marks were immune to the dilutive effects. Theoretical and practical implications were discussed.
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Hassan, Amjad, and Hasan Falah. "Legal Protection of the Famous Trademarks In Accordance with the Laws in Force in Palestine." European Journal of Social Sciences 2, no. 1 (2019): 81. http://dx.doi.org/10.26417/ejss-2019.v2i1-59.
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A trademark is considered to be one of the most important elements of intellectual property for its ability to distinguish goods and services from others, it is the fruit of the effort of the merchant who did the best he could to bring the product to its fame and gained the admiration of the public worldwide. The merchant aims to attract customers, control the market, compete legitimately and takes the trademark as a way to achieve it, the greater the fame of the brand, the greater its popularity and financial value. This leads others to try to take advantage of the reputation and popularity of this brand by simulating, copying or falsifying it, which harms the owners of trademarks and consumers and negatively affects the development of the national economy. The regulation of well-known trademarks is a national necessity and an international requirement, and therefore Arab laws and international conventions "The Paris Convention for the Protection of Industrial Property and the Agreement on the Aspects of Intellectual Property Rights from International Trade" (TRIPS) all implemented special regulations of well-known trademarks. In Palestine, the Jordanian Trademark Law No (33) of 1952 is applicable in the West Bank and the Regulator of Trademarks in general; It did not establish special rules for the protection of well-known trademarks, which imposes on the Palestinian judiciary and specialists the burden of searching for ways to protect these marks in accordance with the provisions of the Trademark Law and the general rules, judicial principles and practical familiarity with reality.
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Wan, Yong, and Hongxuyang Lu. "Trademark protection of single-colour trademarks: a study of the Chinese Louboutin case." Queen Mary Journal of Intellectual Property 10, no. 2 (2020): 255–64. http://dx.doi.org/10.4337/qmjip.2020.02.06.
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In December 2018, Beijing Higher Court released the final decision associated with Christian Louboutin's trademark registration of the famous Red Sole Mark, holding that the mark should be categorized as a single-colour mark applied to a specific portion of the good and it could be registered as a trademark in China. This decision is the first Chinese judicial opinion associated with trademark registrability of a single-colour mark applied to a specific portion of the good, and therefore it plays a significant role in future trademark protection of single-colour trademarks.
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Assaf, Katya. "Magical Thinking in Trademark Law." Law & Social Inquiry 37, no. 03 (2012): 595–626. http://dx.doi.org/10.1111/j.1747-4469.2011.01271.x.
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People in all societies have a tendency toward magical thinking. This human inclination is extensively exploited by modern advertising, which routinely suggests that consuming goods will make us successful, happy, and fulfilled. In this article, I suggest that such advertising creates a system of beliefs resembling a totemic religion. In this religion, brands perform the role of sacred objects. Trademark law initially aims at preventing consumer confusion. Yet, today, famous trademarks are extensively protected against nonconfusing associations. I argue in this article that this broad protection is based on magical thinking. Pointing out the parallels between the laws of magic and trademark doctrines, such as the doctrine of dilution, I suggest that famous marks are legally treated as magical, sacred objects. This legal approach amounts to endorsing the commercial religion of brands.
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Kunoy, Bjørn. "What's in a name that which we call a rose by any other name would smell as sweet? Reflections on ECJ's Trade Mark Case Law." German Law Journal 8, no. 6 (2007): 635–55. http://dx.doi.org/10.1017/s2071832200005824.
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Shakespeare's famed citation “What's in a name? That which we call a rose by any other name would smell as sweet” may be one of the most used quotations in contemporary literature. It serves to provide guidance in reviewing ones assessment of new perspectives on a given topic. The implications of the quotation induce the reader to feel concordant with the assumption that whatever name a given phenomenon is accorded, it is of little importance because the objects are similar and hence there is no reason to emphasise a peripheral and meaningless concept such as a name and the idea which it embraces. By contrast, intellectual property rights, and therein trademark law, is conceptually based on the assumption that a verbal mark, figure or colour of a given good or service need to be protected since these immaterial notions give rise to patrimonial rights conferred to the owner of the registered trademark. A well known slogan or figurative mark is capable of having significant commercial value as demonstrated in the recent dispute between Apple and Cisco concerning the right of the former to use the trademark iPhone. However, it is important to note that the essential raison d'ětre of trademark law is not only to confer patrimonial rights to a legal or natural person and thus prevent an abusive use by a third party, but essentially to guarantee the origin of goods or services to the consumer and hence enable him, without any danger of confusion, to distinguish the goods or services from others which have another origin. Having said that it should also be noted that traditional trademark theory is perceived on the assumption that trademarks serve to minimize the likelihood of consumer confusion and prohibits the use of a trademark with regard to competing or similar goods only. However the “dilution theory” challenges this approach to trademark law as it also disseminates the postulate to prohibit the use of certain famous and/or characteristic trademarks on non-competing goods on the ground that such use dilutes and possibly erodes a given trademark's commercial value and its hold on the consumer.
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Radack, David V. "Federal trademark anti-dilution law—A powerful new tool for owners of famous trademarks." JOM 51, no. 4 (1999): 48. http://dx.doi.org/10.1007/s11837-999-0081-z.
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Macías, Washington, and Julio Cerviño. "Trademark dilution: comparing the effects of blurring and tarnishment cases over brand equity." Management & Marketing 12, no. 3 (2017): 346–60. http://dx.doi.org/10.1515/mmcks-2017-0021.
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AbstractTrademark dilution is, in a general sense, a reduction in brand equity due to the unauthorized use of the trademark by third parties (junior brands). Although there are two types of dilution, blurring and tarnishment, existing academic empirical evidence only relates to blurring cases, showing its damage to some variables related to brand associations in consumers’ minds. Literature also shows the moderating role of the similarity between junior brands, but this evidence is not complete unless presumable tarnishment cases are analyzed. This paper compares the effect of two types of junior brands over strength of associations and brand equity of famous trademarks. An experimental approach was applied with a sample of 372 undergraduate students, users of two famous convenience brands. Junior brands use identical or similar famous brand names in different product categories, offering a continuous of similarity levels, so the moderating effect of this variable is analyzed. Results show that: (i) dependent variables are reinforced when junior brands are perceived as very similar, and diluted above some degree of dissimilarity; (ii) dilution increases the more dissimilar the junior brand. However, although they have a high degree of dissimilarity, cases of presumable tarnishment, might not always produce dilution. Besides, they suggest that the effect induced by similarity is not linear. These findings are discussed through the lenses of marketing and psychology theories. The study represents a contribution to the field, providing evidence not only from blurring cases, but also from supposed tarnishing imitators, comparing their effects and showing the limited moderating effect of similarity. The boundary conditions of similarity effects in trademark dilution literature have not been discussed previously. Finally, main implications for managers are highlighted, given the negative effects that trademark dilution may entail at firm level.
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Ningtias, Anggun dwi Setya, and Sri Maharani MTVM. "Protection Of Legal Trademark Against Keen From Passing Off." LIGAHUKUM 2, no. 1 (2021): 97–105. http://dx.doi.org/10.33005/ligahukum.v2i1.74.
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In a practice of a business on goods and/or services, the brand becomes an important factor in the sustainability and progress of the goods and/or services. The level of a brand of goods and/or services becomes a brand known by the public is the level desired by the manufacturer of the product and the owner of the trademark itself. The popularity of a brand became a famous mark capable of causing violations of the brand both in the country itself and outside of the country, brand violations become a breach in a more sophisticated direction again, this violation is referred to as the term passing off. The method used for this research is a normative juridical method of approach, the research is based on legislation relating to the trademark of Law No. 20 of 2016. This research aims to reduce the occurrence of the act of passing off on trademarks, then Law No. 20 of 2016 provides legal protection to owners of the brand keen through article 20, article 21 and article 76 paragraph (1), remedies that can be done by trademark owners keen may be done with the litigation line by filing a lawsuit and/or termination of all actions relating to the use of the By optimizing the law number 20 of 2016 then legal protection against trademark owners can be done well. Sanctions applied to the perpetrators who conduct a passing off can be done by default with claims of indemnification by owners of brand keen and administration by removing the brand of actors from the list of brands on the brand Directorate. Cases of this brand violations can be when there is cooperation between the Community, the Directorate of Brands, and law enforcement.
 Keywords: legal protection, trademark, Passing Off.
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Kováts, Borbála Lili. "Did the Court of Justice of the European Union Solve the Puzzle by Declaring the Rubik’s Cube Trademark Invalid?" GRUR International 69, no. 12 (2020): 1217–33. http://dx.doi.org/10.1093/grurint/ikaa138.
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Abstract In 1995, the patent protection for the internationally famous Rubik’s Cube expired. Ernő Rubik, the Hungarian inventor of the three-dimensional puzzle, had to find an alternative way to maintain his monopoly on the market and thus had the shape of the Cube registered as a 3D Community trademark in 1996. However, the idea of perpetuating the exclusive rights related to the Rubik’s Cube only proved to be successful for ten years, as in 2006 Simba Toys GmbH & Co. KG, a German competitor of Rubik, filed an application for declaration of invalidity against the 3D Rubik’s Cube trademark. The application was based on the lack of distinctive character, descriptiveness and functionality of the 3D trademark. This was rejected by OHIM. The invalidity case ended up before the Court of Justice of the European Union, upon the appeal of the German competitor. The Court found that the Rubik’s Cube trademarks should have been declared invalid, and transferred the case back to OHIM, which then had to bring a new decision that was in line with the interpretation of the CJEU. The study analyses the two rounds of invalidity proceedings, the key issues which emerged throughout the case, the interpretation of functionality by OHIM and the CJEU, and the legal background and the prospect for 3D shape marks in the EU.
Dissertations / Theses on the topic "Famous trademark"
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Mutubi, Kabelo. "You can’t use confusion to dilute a famous brand : A comparative study of the approaches of the EU and South Africato dilution." Thesis, Uppsala universitet, Juridiska institutionen, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-385751.
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The primary objective of the study as contained in this thesis is the discussion of the approaches to dilution taken by the legal systems of the European Union and South Africa. Although a comparative methodology is employed the discussion grounds the separate development of the anti-dilution provisions in both systems first before discussing comparisons and diverging approaches (should they exist). As a result of the South African anti-dilution provisions being relatively new, there exists a lot of overlap between the approaches in the United Kingdom, European Union and South Africa. Dilution both as a concept and a reality remains controversial as both the courts and commentators grapple with how it fits within greater Trade Mark law. The relationship between traditional infringement and dilution is equally contentious as questions continue to be asked about the relevance of the anti-dilution provisions when traditional infringement already exists and is effective. A question that is constantly asked is: can there be infringement without confusion? Equally contentious is the issue of whether a parody exception should be introduced in Trade Mark law even though there is minimal litigation around the issue of parody and dilution.
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Randrianirina, Iony. "Le droit de marque." Thesis, Poitiers, 2013. http://www.theses.fr/2013POIT3008/document.
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Le droit de marque préoccupe aux plans législatif et judiciaire. L'intérêt s'explique par l'essor de la contrefaçon à l'échelle mondiale. La protection du droit de marque contre la contrefaçon mérite donc d'être renforcée. Pour cela, il convient de définir l'étendue du droit à protéger. Le droit de marque, droit exclusif d'exploitation d'une marque, est décrit majoritairement comme un droit de propriété d'un type particulier. Or, une étude comparée du droit de marque et du droit de propriété fait apparaître davantage de différences que de ressemblances. Identifier l'objet du droit de marque dans la place qu'occupe la marque sur le marché dans l'esprit du public et des concurrents amène à une nature juridique nouvelle, celle du droit de marché. Dès lors, les concurrents indélicats qui commettent des actes de contrefaçon empiètent incontestablement sur un droit de marché appartenant à autrui puisqu'ils usurpent la place de marché réservée à travers l'enregistrement de la marque. Par ailleurs, l'acte fautif cause un dommage plus ou moins grave au titulaire de la marque. La contrefaçon portant sur des produits authentiques est d'une faible gravité par rapport à celle qui porte sur des produits non authentiques car alors, les marchandises indûment marquées, souvent de qualité médiocre, risquent de nuire à la santé ou la sécurité de l'homme et de son environnement, et l'image de la marque contrefaite n'en est qu'altérée. Ainsi, si au pénal l'amende pourrait prendre la forme d'un pourcentage sur le chiffre d'affaires réalisé par le contrefacteur, au civil la condamnation à verser à la victime les fruits de l'activité contrefaisante permettrait de dissuader la contrefaçon lucrative<br>The trademark rights are a legislative and judicial concern. The interest is due to the rise of worldwide counterfeiting. Trademark protection against counterfeiting deserves to be strengthened. It is then necessary to define the scope of the rights to protect. Trademark rights, exclusive rights to use a trademark, are described mainly as an ownership of a particular type. However, a comparison study of trademark rights and ownership reveals more differences than similarities. Identify the object of trademark rights in the place of the trademark on the market in the minds of the public and competitors leads to a new legal nature : the market rights. Therefore, unscrupulous competitors who commit acts of infringement undoubtedly impinge on the market rights belonging to others as they usurp the marketplace reserved through trademark registration. The fault causes a more or less severe damage to the trademark owner. Counterfeiting on genuine products is a low gravity compared to the one on non genuine products because then improperly marked goods, often of poor quality, are likely to harm the health or safety of humans and its environment. Thus, the counterfeit trademark is altered. Therefore, under criminal law, the fine could take the form of a percentage of the sales made by the infringer. Under civil law, restitutionary damages would deter lucrative counterfeiting
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Carvalho, Carlos Eduardo Neves de. "Distintividade marcária." Pontifícia Universidade Católica de São Paulo, 2015. https://tede2.pucsp.br/handle/handle/6894.
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Previous issue date: 2015-09-30<br>This essay is dedicated to the study of two empiric phenomena resulting from the use of the mark in the consumer market: acquisition and loss of trademark distinctiveness. The first part is dedicated of the study of acquisition of trademark distinctiveness which could happen in two possibilities: secondary meaning and notoriety. First of all, is addressed the distinctiveness, as the main trademark function and its condition of validity for granting the trademark registration. In the first case, the acquisition of distinctiveness of a trademark occurs by the factual phenomenon known as secondary meaning, in which a descriptive sign, apparently not distinctive, through its prolonged use on the market, acquired a secondary meaning as a distinctive brand, being therefore susceptible for trademark registration. In the second type of acquired distinctiveness, a common trademark can become notorious, renowned and with high commercial prestige within the consumer market through the trademark owner´s advertising investments, which receives special trademark protection: well-known mark within its commercial activity branch, and famous mark, which receives legal protection in all classes of goods and services. The Second Part of this work is dedicated to the study of the loss of distinctiveness of a trademark which may occur in two situations: genericism and dilution. The first situation, genericism, is the factual phenomenon opposed to the secondary meaning, in which, the trademark owner's behavior to promote its brand, results into semantic synonymous and descriptive of the product or service marked by the renowned trademark. The second situation of the loss of trademark distinctiveness is called the dilution phenomenon, which can occurs in three situations: the improper use of a high-renowned trademark in different goods and services marked by the original brand (blurring), the harm to a high-renowned trademark reputation (tarnishment) and the disparagement of a high-renowned trademark in promotional campaigns made by competitors<br>A presente dissertação analisa dois fenômenos fáticos decorrentes da utilização de uma marca no mercado consumidor: a aquisição e a perda de distintividade marcária. A Primeira Parte dedica-se ao estudo da aquisição de distintividade marcária que pode acontecer em duas hipóteses: significado secundário e notoriedade. Primeiramente, é abordada a distintividade como principal função marcária e condição de validade para a concessão do registro marcário. Na primeira hipótese, a aquisição de distintividade de um sinal marcário ocorre pelo fenômeno fático conhecido como secondary meaning, na qual um sinal descritivo, aparentemente não distintivo, face ao uso prolongado no mercado, adquire uma significação secundária como marca distintiva no mercado consumidor, tornando-se passível para registro. Na segunda hipótese, um sinal marcário comum, face aos elevados investimentos publicitários do titular, torna-se tão conhecido dentro do mercado consumidor, que recebe proteção especial: marca notoriamente conhecida dentro de seu ramo de atividade comercial, e marca de alto renome que possui proteção legal em todas as classes de produtos e serviços. A Segunda Parte deste trabalho dedica-se ao estudo da perda de distintividade de uma marca, o que poderá ocorrer em duas hipóteses: degeneração e diluição. A primeira situação, que é o fenômeno fático oposto ao significado secundário, ocorre pela degeneração, na qual, face ao comportamento do titular, ao promover sua marca, esta se transforma em sinônimo semântico do produto ou serviço assinalado por ela. A segunda situação de perda de distintividade ocorre pelo fenômeno da diluição, que pode se dar em três possibilidades: uso indevido de uma marca de renome em bens diversos daqueles assinalados pela marca original (ofuscação ou turvação), ofensa à reputação da marca de renome (maculação), ou adulteração desta marca em campanhas promocionais feita pelos concorrentes (propaganda comparativa)
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Chao-WenWang and 王昭文. "Dilution of trademark distinctiveness through using other’s famous trademark as one’s trade name under Trademark Act." Thesis, 2019. http://ndltd.ncl.edu.tw/handle/zhzy5p.
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碩士<br>國立成功大學<br>法律學系<br>107<br>The functions and the legal definitions of trademark and trade name are diverse- trademark distinguishes the origins of goods or services and trade name identifies enterprise or business itself. Nevertheless, when trade name not only serves as the identifier of the enterprise but also work as the identifier of origins, that is, the trade name also distinguishes goods or services, the usage of the trade name will progressively cause trademark dilution. For the purpose of protecting the property rights and endeavors of trademark owners, it is substantial to regulate the act of ‘using other’s trademark as one’s trade name’. Based on Article 70 (2) of Taiwanese Trademark Act, the act is deemed infringement of the right of trademark.
There are provisions in the United States and the European Union as well: Section 45 of Lanham Act (15 U.S.C. Section 1127), Article 9(2)(c) and Article 9(3)(d) of the EU Trade Mark Regulation 2017/1001, Article 10(2)(c) and Article 10(3)(d) of Directive (EU) 2015/2436.
Litigations of ‘using other’s trademark as one’s trade name’ are not uncommon both at home and abroad, such as Moseley, Céline and INTEL.
This thesis aims to explore the illegality of the act of ‘using other’s trademark as one’s trade name’, analyze the elements of Trademark Act and advice how to apply the Act with methods of summarizing law reviews, organizing judgements and comparing both American and European legal systems.
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Chang, Yu-Ling, and 張育綾. "A Study on the Trademark Examination System—Focusing on Famous Marks." Thesis, 2012. http://ndltd.ncl.edu.tw/handle/gq5249.
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碩士<br>世新大學<br>法律學研究所(含碩專班)<br>100<br>The effectiveness of a trademark depends largely on its actual use in commercial practice. However, to achieve a convenient administration, most countries adopt “registration” as the main principle and “actual use” as the auxiliary one when structuring their trademark regime. So does Taiwan. Therefore, the examination practice is vital to a vaild trademark. Furthermore, under the influence of the international agreements, treaties and the business operation, “registration” of a trademark is usually not the precondition to famous mark protection by our trademark act. By offering the evidence of factual use, the claimant can prove the perception of a trademark in the relevant sector of the public for legal protection. In 2003, the government of Taiwan has included the anti-dilution clauses of famous marks into the trademark acts to further strengthen the existing clauses that prevent the likelihood of trademark confusion. For the trademark examination in practice, questions and discussions have been constantly circling around the scope of famous marks’ protection.
This thesis studies on the trademark examination system with focus on the protection of famous marks and is divided into seven parts. The first chapter points out the motivation, the goal and the scope of this study. The second chapter reviews the rational basis of trademark theory. The third chapter discusses the types of the trademark examination. The forth chapter explains the definition and the goal for protection of famous marks, in different countries, as well as the historical evolution of the protection of famous marks under the trademark act in Taiwan. The fifth chapter analyzes the famous factors for granting the trademarks, both foreign and domestic. The sixth chapter discusses the relation and the boundary between the prevention of the likelihood of confusion and the anti-dilution of famous marks. The seventh chapter draws a conclusion with feasible suggestions. It is hoped that the result of this study will shed light on the admendment to our current trademark examination and legal system in the future.
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Ho, Yi-Chin, and 何易芹. "The Different Impact of Trademark Imitation on Brand Evaluation between New Brands and Famous Brands." Thesis, 2007. http://ndltd.ncl.edu.tw/handle/07768621045635144966.
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碩士<br>國立雲林科技大學<br>企業管理系碩士班<br>95<br>The phenomenon of imitation of trademark has been globally extravagant in recent years. Such imitation acts often take place especially in Asian region for the purpose of enabling new brands to rapidly appeal to consumers; thus, the purpose of this study is going to explore following issues (1) whether imitation leads to negative impact on famous brands? (2) Generally speaking, consumers easily approach brand names and slogans via advertisement and commercial encounters; whether imitations on brand names and slogans result in different effects on new and famous brands? (3) Whether the effect of brand dilution appears in famous brands when new brands mimic famous brand names? (4) What benefits new brand obtains from imitation? (5) Whether positive effect will be caused on both of new and famous brands when the former adopts commercial slogan similar to the latter? and (6) whether the level of similarity of products of new brands and famous brands influence the effects of imitation? This study creates situation of imitations of brand names and slogans; and develop questionnaire to investigate the relationship between new brands and famous brands.
This study uses between-subjects factor experimental design, and research variables incorporate imitation of trademark and similarity of product. The imitation of trademark consists of similarity of slogan, reverse brand name spelling, and similarity of brand name. Further, Trustme and Lexus were selected in this study owing to the result of pre-test. Participants were divided into two groups. One was engaged in test of similarity of slogan; the other involved in imitation of brand name. Use questionnaire to test beliefs, attitudes, purchase intention, and reaction time. The sample includes college students and graduate students, and the research adopts convenience sampling. The valid number of sample was 470 approached from internet questionnaire.
The findings of this study suggest that when similarity of products is low, the imitation of slogan has a stronger effect on both of new and famous brands; moreover, the effect of low similarity of product is superior to that of high similarity of product for new brands. Reverse brand name spelling leads to stronger effect on new brands, especially under situation of high similarity of products, but it also leads to brand dilution to famous brands. Similarity of brand name generates positive effect on new brands; besides, in such situation the effect high similarity of products is greater than that of low similarity of products; there is no effect on famous brands. For new brands, the adoption of reverse brand name spelling is superior to that of similarity of brand name. Furthermore, the adoption of reverse brand name spelling leads to greater brand dilution to famous brands than the adoption of similarity brand name does.
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CHNG, CHEN LI, and 陳麗青. "The Protection of Famous Symbol on Legal System- Focus on the Trademark Act and Fair Trade ActThe Protection of Famous Symbol on Legal System- Focus on the Trademark Act and Fair Trade ActThe Protection of Famous Symbol on Legal System-Focus on the Tr." Thesis, 2008. http://ndltd.ncl.edu.tw/handle/80466770961241318169.
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Huang, Pei-Ching, and 黃珮清. "The Protection of Famous Symbol on Legal System - Focus on the Trademark Act and Fair Trade Act." Thesis, 2015. http://ndltd.ncl.edu.tw/handle/pexrzt.
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碩士<br>銘傳大學<br>法律學系碩士班<br>103<br>The main principle of the study is to analyze law issues which are related to the protection of famous symbol and trademark from the Trademark Act and the Fair Trade Act and to observe its suitability by the legal nature, procedures of two acts and rising concerns over intellectual property rights. The two acts are quite different from legal nature and purposes, but are same in protecting famous symbol. Fair Trade Act stipulates a wider range of symbol that represents a person’s goods. Comparatively, Trademark Act mainly protects registered trademark, which is within the meaning of symbol stipulated in the Fair Trade Act.
In existing legal system, trademark issues are both regulated in Trademark Act and Fair Trade Act. Trademark Act is especially formulated for trademark issues, whereas Fair Trade Act is enacted for governing unfair competition. Trademark infringement or symbol infringement which is one of unfair competitions is only one issue in Fair Trade Act. However, it becomes the most popular field in the act because of its frequent occurrence. The formulation and enforcement of Trademark Act are earlier than Fair Trade Act and becomes perfect to trademark protection with fourteen amendments and development in legal system. Fair Trade Act announced on the 4 February 1991 is latter than Trademark Act. It’s an important issue to differentiate between two acts in legal system or implementation. The appropriateness of distinguishing between two acts by registered trademark, the application of Fair Trade Act prior to amendments, concurrence with Trademark Act, and produced problems after amendments would be discussed in the study.
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Kaseke, Elson. "Trademark dilution: a comparative analysis." Thesis, 2006. http://hdl.handle.net/10500/2377.
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The thesis investigates the concept of trademark dilution under international and regional trademark law, and under the laws of selected jurisdictions; namely, the United States of America, Germany, the United Kingdom and the Republic of South Africa. The investigation includes measures undertaken to prohibit the internet-based dilution of famous marks through the registration of confusingly similar domain names. It is noted that dilution is imprecisely formulated under international trademark treaty law. In fact, the term "dilution" does not appear in international trademark treaties. To fill the gap of international trademark treaties, various policy initiatives, or `soft law' have been developed, which to some extent clarify both the concept of dilution, the type of mark protected from dilution, and the scope of such protection. The problem is that the policy initiatives are non-binding on States, so that different States have adopted different common law and statutory approaches to the protection of marks against dilution. This is demonstrated, for example, by the fact that the European Union and its Member States provide protection from dilution to "marks with a reputation", while the United States of America provides such protection only to "famous" marks, and the Republic of South Africa protects "marks which are well-known in the Republic" from dilution. The thesis analyses the protection granted in these jurisdictions, to determine the similarities and differences of approach, and to make appropriate law reform proposals to achieve uniformity of protection. In the final analysis, it is concluded that the burden of enforcing dilution provisions rest on the judiciary. This being so, the judiciary is urged to engage in a balancing exercise in deciding dilution cases. The courts should recognize that dilution provisions are powerful tools at the disposal of owners of trademarks with advertising value. At the same time, the courts should be steadfast in ensuring that protection from dilution does not stultify freedom of trade, or create absolute monopolies or a form of copyright in a trademark.<br>Jurisprudence<br>LL.D.
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-Hui, Yi, and 鞠逸慧. "A Study on the Protection with Confusion Theory and Dilution Theory of Famous Trademarks." Thesis, 2010. http://ndltd.ncl.edu.tw/handle/30587815393654424815.
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碩士<br>國立高雄第一科技大學<br>科技法律研究所<br>98<br>This study is about the famous trademarks which have the powerful influence on the economic market. For example, the most valuable trademark in the world is the trademark “Coca-Cola”. Base on the research report of U.S.A. investigate institution “Interbrand”, it shows that the value of trademark “Coca-Cola” is 725 hundred millions; this famous trademark is very powerful on the economic market. Therefore, we have the reasons to look into the theories which protect the famous trademarks.
The theories of protecting famous trademarks are the “likelihood of confusion theory” and the “trademark dilution theory”. However, whether the trademark act or the related administrative regulations in Taiwan does not describe them clearly, therefore, the courts have no precise rules to follow when the cases are hold in the court.
Since our trademark act is modified according to the related rules of U.S.A. and the international conventions, this thesis will introduce you them, and look into the foregoing theories to help people who need to use these.
Books on the topic "Famous trademark"
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US GOVERNMENT. An Act to Amend the Trademark Act of 1946 to Make Certain Revisions Relating to the Protection of Famous Marks. U.S. G.P.O., 1996.
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Mostert, Frederick W. Famous and well-known marks: An international analysis. Butterworths, 1997.
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Reichblum, Charles. Dr. Knowledge presents strange & fascinating facts about famous brands. Black Dog & Leventhal Paperbacks, 2004.
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Werra, Jacques de, and Ilanah Simon Fhima. Marques notoires et de haute renommée =: Well-known and famous trademarks. Université de Genève, Faculté de Droit, 2011.
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Trademark Anticounterfeiting Act of 1998; amending the Trademark Act of 1946 with respect to the dilution of famous marks; celebrity imposters and a federal right of publicity; state commodity commissions and product certification; international expropriation of registered marks, and patent extension review: Hearing before the Subcommittee on Courts and Intellectual Property of the Committee on the Judiciary, House of Representatives, One Hundred Fifth Congress, second session, on H.R. 3891 and H.R. 3119, May 21, 1998. U.S. G.P.O., 2000.
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Chi ming shang biao he zhu ming shang biao de fa lü bao hu: Cong shi bie dao biao zhang = Legal protection of well-known and famous marks. Fa lü chu ban she, 2001.
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(Illustrator), Robert Steimle, ed. TINKERTOY Building Manual: Graphic Instructions for 37 World-Famous Designs. Sterling, 2007.
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HOW DO THEY DO THAT? FAMOUS PEOPEL AND THEIR TRADEMARK TALENTS. BARNES AND NOBLE, 2005.
Find full textBook chapters on the topic "Famous trademark"
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Kim, Byungil. "Protection of famous product configuration mark (Viagra trademark for diamond shape and blue colour) in Korea." In Annotated Leading Trademark Cases in Major Asian Jurisdictions. Routledge, 2019. http://dx.doi.org/10.4324/9780429316395-24.
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Wachter-Grene, Kirin. "Cold Kink: Race and Sex in the African American Underworld." In Noir Affect. Fordham University Press, 2020. http://dx.doi.org/10.5422/fordham/9780823287802.003.0004.
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Iceberg Slim is the godfather of African American street lit, a genre of gritty pulp fiction informed by the black noir tradition made famous by Chester Himes in the 1950s. Slim’s work has been heralded by a massive Black readership for decades. However, it remains obscure to literary critics, likely due to its brutal misogyny. While this chapter does understand Pimp as misogynistic, it pushes on its scenes of violent sex. It interprets them as representing eroticized power exchange, a noir trademark and phenomena of interest to negative affect studies. The chapter focuses on the female characters, arguing they have considerable power to not only render Slim subordinate, but abject. And by embracing their own abjection as a site of pleasure and agency, the female characters are often able to dominate Slim because he underestimates the extent of their kinkiness—and that of his own.
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Attlee, James, and Richard Rogers. "Introduction to Richard Rogers." In Divided Cities. Oxford University Press, 2006. http://dx.doi.org/10.1093/oso/9780192807083.003.0010.
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It is surprising how few architects have come to grips with the crisis that faces the contemporary city. Richard Rogers is an exception. Over the last thirty years or so, the buildings that have made Rogers famous have been, as much as anything, explorations of the principles that have concerned him: flexibility, modernity, inclusivity, and sustainability. At the same time, in his writings and public discourse, he has been a passionate advocate of the city as a place of social and intellectual interchange, a democratic and architecturally stimulating environment. This vision is rooted as much in the civic ideals of the Italian Renaissance—Rogers was born in Florence—as in the late twentieth-century avant-garde. Many of the changes to the public face of London that have taken place over the last decade—the opening up of the river and the pedestrianization of Trafalgar Square are two examples—were called for by Rogers in architectural proposals, writings, and public statements published since the 1980s. Architecture, he has argued, cannot be detached from social and political issues. Increasingly, his words have had a prophetic edge, befitting his senior status within the profession and the cultural life of the nation. As one of the best-known architects on the planet, Rogers, at least potentially, has the ear of both government and business, the twin agencies holding the future of the urban landscape in their hands. For this reason alone, what he has to say merits close attention. Rogers first came to international prominence with the opening of the Pompidou Centre in the Beauborg area of central Paris, designed with his then partner, Renzo Piano, in 1976. One of the key buildings of the twentieth century, it changed the face of the French capital, creating a new cultural heart of the city. Rogers’s banishment of services to external ducts, creating vast open interior spaces, was to become a trademark further developed in the Lloyds Building in London, completed in 1984. Both structures celebrate urban life and activity, although one is a public and one a private space. The Beauborg has been compared to a giant climbing frame.
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Tan, David. "Intellectual Property and Semiotics: The Signs of the Times." In Handbook of Intellectual Property Research. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198826743.003.0025.
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Cultural perspectives on law are a growing part of contemporary legal scholarship and, in particular, semiotics has been argued in interdisciplinary legal scholarship on intellectual property (IP) to be helpful in illuminating some of the intractable issues encountered in the laws governing copyright, trademarks, and the right of publicity. Semiotics seeks to understand the operation of a given system or process by observing the function of signification, expression, representation, and communication. Famous trademarks, well-known copyrighted works, and celebrity personalities can function like Barthesian myths with universal ideological codings that are recognized globally, enabling them to be read as polysemous texts that invite playful semiotic recodings and post-structural disruptions. The invocation of semiotics in the study of IP signs is intimately intertwined with the freedom of speech. Semiotic readings of IP signs invite us to enter a world of possibilities that explore a more nuanced interpretation of legal doctrine and legislative provisions.
Conference papers on the topic "Famous trademark"
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Rumadan, Ismail. "Bad Faith’s Criteria in the Famous Trademark Dispute Settlement That has an Element of Equality in Principle in the Court." In International Conference on Law, Economics and Health (ICLEH 2020). Atlantis Press, 2020. http://dx.doi.org/10.2991/aebmr.k.200513.116.
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Helmie, Jauhar, and Ery Lutfi Syafrudin. "Semiotic Analysis of Five Famous Streetwear Trademarks." In Proceedings of the Second Conference on Language, Literature, Education, and Culture (ICOLLITE 2018). Atlantis Press, 2019. http://dx.doi.org/10.2991/icollite-18.2019.26.
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