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Dissertations / Theses on the topic 'Trademark Dispute'

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1

Su, Yii-Der. "Les litiges en matière de marque : contribution à une étude de droit comparé entre la France, la Chine continentale et Taïwan." Thesis, Strasbourg, 2017. http://www.theses.fr/2017STRAA029.

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Le droit de la propriété intellectuelle a connu d’importants développements dans le sillage de la révolution technologique et du phénomène de la globalisation. Le droit de marque confère un monopole au profit de son titulaire, qui lui permet d’établir des liens avec les consommateurs, à travers les produits et les services qui sont revêtus du signe protégé : des liens juridiques et des liens commerciaux par l’effet de la communication, de la publicité, de la transmission de l’image de l’entreprise que celui-ci véhicule. Toutefois, les prérogatives attachées au droit de marque rencontrent des l
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2

Alharbi, Meshal Nayef. "Trademark and patent disputes in Saudi Arabia : an analysis of private international law." Thesis, Brunel University, 2015. http://bura.brunel.ac.uk/handle/2438/13858.

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The subject of the conflict of laws and arbitration in intellectual property rights is a complicated topic to research, because the normal rules of private international law and arbitration can be affected by the special characteristics of patents and trademarks. Some rules of these subjects might need to be reformed and in some cases there are principles that should be created to successfully handle cross-border disputes concerning patents and trademarks. Establishment of a special court with supranational jurisdiction may be required to resolve these types of disputes. Recently, this subject
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3

Nyachowe, Pasno N. "The regulation of domain name disputes in South Africa." Thesis, University of Port Elizabeth, 2003. http://hdl.handle.net/10948/351.

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This treatise provides an overview of the procedures for the registration, regulation and protection of Internet domain names. An analysis of legal rules applicable to domain names and problems related to the protection of domain names in South Africa, United State, United Kingdom and internationally is undertaken. The problems includes cybersquatting, misuse of personal names, reverse domain hijacking, misuse of meta tags and keywords. The treatise established possible solutions applicable to South Africa by investigating how other countries have dealt with such problems, and further investig
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4

Nesheiwat, Ferris K. "The compliance with intellectual property laws and their enforcement in Jordan : a post-WTO review & analysis." Thesis, Durham University, 2012. http://etheses.dur.ac.uk/3639/.

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This thesis examines the implementation, enforcement and evolution of IP laws and regulations in the Hashemite Kingdom of Jordan. The period of interest includes the last decade of the twentieth century and the first decade of the twenty first century, with emphasis on the role played by Free Trade Agreements struck between Jordan and the United States, the European Union, and Jordan’s accession to the World Trade Organization. This thesis also examines the enforcement of the current set of IP laws in Jordan, and looks at their social and economic compatibility with the Jordanian societal norm
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5

Shiau, Yuh-jiuan, and 蕭豫娟. "The study on the dispute over the conflict of trademark and domain name." Thesis, 2006. http://ndltd.ncl.edu.tw/handle/69659531706244588634.

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碩士<br>世新大學<br>法律學研究所(含碩專班)<br>94<br>With the development of electronic commerce, internet has become the new market for all competing businesses, but the legal system has not established for the network activities in time. Therefore, legal issues for the internet activity have occurred. For enterprises, trademark has played very important role in the commercial activity. With the increasing frequency of internet activity, the importance of trademark is also increasing in the field of internet. Since the “first come, first serve” has been adopted by the domain name administrative organization
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6

YU, I.-Chien, and 游逸倩. "A Study on Application of Market Surveys in Trademark Dispute Cases Based on U.S. and Taiwan Courts Decisions." Thesis, 2015. http://ndltd.ncl.edu.tw/handle/35116241673553553551.

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碩士<br>東吳大學<br>法律學系<br>103<br>Taiwan adopts a first-to-register system for trademark protection. Success in obtaining registration for a trademark depends on various elements, including whether consumers recognize the trademark as an indicator of the source of the goods, whether the trademark is similar to an earlier filed trademark and is likely to cause confusion or misidentification by relevant consumers, or whether the trademark is likely to dilute the distinctiveness or reputation of a well-known trademark. These elements are essential for not only the registration of trademark but also th
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7

Wang, Yung-chieh, and 王詠潔. "A Study on the Legal Scheme of Trademark Dispute Settlement in Taiwan and China:in the view of TRIPS Agreement." Thesis, 2012. http://ndltd.ncl.edu.tw/handle/54979190640010813226.

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碩士<br>東吳大學<br>法律學系<br>100<br>The Agreement on Trade Related Aspects of Intellectual Property (TRIPS), which was concluded in 1994 during the eighth round of the multilateral trade negotiation(the Uruguay Round), marks a milestone in the protection of intellectual rights. The trademark protection regulatory system forms an important part of TRIPS. On December 11, 2001 and January 1, 2002, China and Taiwan were respectively admitted to the World Trade Organization(WTO) and became subject to TRIPS regulations. In the past decade, both parties have repeatedly amended their domestic trademark p
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8

TING-HUA, CHEN, and 陳亭樺. "A Comparative Study on Color Trademark Disputes." Thesis, 2013. http://ndltd.ncl.edu.tw/handle/89846859511154537471.

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碩士<br>東吳大學<br>法律學系<br>101<br>In 2011, Christian Louboutin, S.A. (Louboutin) filed a trademark infringement claim of its red-soled shoes against Yves Saint Laurent America, Inc. (YSL). In September 2012, the United States Court of Appeals for the Second Circuit rendered its decision which reversed the lower court’s decision and held that Louboutin’s red sole is a valid trademark and that it had acquired secondary meaning. The court also ruled that Louboutin retains the exclusive right to use the color red on the bottom of its shoes whenever the lacquered red sole contrasts in color with the a
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9

CHEN, CHIEN-HENG, and 陳建亨. "A study of Stakeholder’s Views in Trademark Disputes." Thesis, 2016. http://ndltd.ncl.edu.tw/handle/71896102683025294745.

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10

程映瑋. "A Study on New gTLDs Disputes- Focused on Trademark Protection." Thesis, 2015. http://ndltd.ncl.edu.tw/handle/92640737173668749855.

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11

CHEN, YI-CHOU, and 陳奕州. "Resolutions of Trademark Disputes in Mainland China for Taiwanese Enterprises." Thesis, 2016. http://ndltd.ncl.edu.tw/handle/18526528966909312547.

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碩士<br>東吳大學<br>法律學系<br>104<br>Business across the Taiwan Strait is becoming frequent and mature. Undoubtedly Taiwanese enterprise can shine in trademark arrangement in Mainland China. According to a report which was published by the State Administration for Industry and Commerce of the Mainland China on April 19th, 2016, there were 2.876 millions trademark applications in 2015 and it was the 14th consecutive year of China with most number of applications in the world. With harmoniously developed relationship between Taiwan and Mainland China, Taiwanese enterprises have started investing in bran
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12

Holub, Lukáš. "Souběh autorskoprávní a známkové ochrany." Master's thesis, 2016. http://www.nusl.cz/ntk/nusl-351457.

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Convergence of Copyright and Trademark Protection Key Words: Copyright, Trademark, Protection, Convergence Abstract: The thesis analyzes the concept of copyright and trademark protection in Czech law and the consequences of their simultaneous operation. The aim is to determine whether the existing legislation responds the current trends and demands in our society, where business and arts are becoming interconnected and where the boundaries between those disciplines are blurred. Both protections are initially assigned to theoretical context of legal branches of intellectual property and intangi
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13

CHEN, TZU-YANG, and 陳子揚. "A Study on Disputes over Domain Names under Trademark Law - Taking the Cross-Strait Trademark Law as the Core -." Thesis, 2016. http://ndltd.ncl.edu.tw/handle/bv5ntr.

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碩士<br>國立雲林科技大學<br>科技法律研究所<br>105<br>With the rapid development of global economy, business transaction model has been the development of the real transaction mode to the network market transactions. Therefore, a convenient memory and Lenovo's domain name is to attract consumers into the site to browse goods and consumption of the first step.Although the domain name and trademark function are not the same, but not the same as the trademark, but when the domain name dispute, not only affects the domain name holder, but also whether the domain name infringement of others trademark or other rights
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14

Lin, Luen-Guang, and 林倫光. "Protection of trademark rights in Mainland China and legal system of disputes over infringement." Thesis, 2018. http://ndltd.ncl.edu.tw/handle/47h5ke.

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碩士<br>國立雲林科技大學<br>科技法律研究所<br>106<br>Since China’s 12th Five-Year Plan (2011-2015) passed by the fifth plenary session of the 17th Central Committee of the Communist Party of China (referred to as 12th Five-Year Plan), with the high development of economy, the CPC is also committed to the protection of intellectual property rights, and the work report of the 18th CPC National Congress clearly emphasizes the implementation of the IPRs strategy. The first plenary session of the 19th Central Committee of the Communist Party of China (referred to as the 19th CPC National Congress)was held on Octobe
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15

Chung, Ching-Ling, and 鍾靚凌. "Domain names and registered trademarks interlaced: analysis of the remedy for the decisions of Dispute-Resolution Providers." Thesis, 2015. http://ndltd.ncl.edu.tw/handle/qdmywt.

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碩士<br>國立高雄大學<br>財經法律學系碩士班<br>103<br>The study of this thesis is due to that following the rise of internet, the e-commerce grows vigorously, and the events that some enterprises use the identical or similar words of trademarks to register domain names gradually happen, so as to cause conflicts between the domain name registrants and the trademark owners. To resolve such disputes, the Taiwan Network Information Center Domain Name Dispute Resolution Policy (the Policy) is taken as the main norm, which makes the trademark owners may seek remedy from the Science & Technology Law Institute (STLI) o
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16

Rosario, Osvaldina-Dione, and 劉安之. "Disputes about Use of an Idol Group Name Trademark—A Case Study of Post-Agency Contract Use." Thesis, 2019. http://ndltd.ncl.edu.tw/handle/wr497e.

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碩士<br>國立政治大學<br>科技管理與智慧財產研究所<br>107<br>In the field of trademark law, trademark registration is a way to protect trademark owners and consumers. It also protects the distinctiveness of the trademark and the order of transactions. A trademark owner can sue an infringer for trademark infringement. On the other hand, the alleged trademark infringer can defense under Article 36, Paragraph 1 of the Trademark Act. After the termination of the agency contract between Cube Entertainment and several original BEAST members, Cube Entertainment registered six BEAST-related marks in Taiwan in 2016. This ca
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17

LU, CHIA-YIN, and 呂佳穎. "A Study on the Practical Disputes about Trade Dress-Focusing on Trademark Act and Fair Trade Act." Thesis, 2019. http://ndltd.ncl.edu.tw/handle/u6jn65.

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碩士<br>國立臺北科技大學<br>智慧財產權研究所<br>107<br>New products nowadays hit the market rapidly, and how to attract consumer’s eyes and evoke their purchase willingness are subjects that cannot be ignored. The appearance and packaging of a product with novelty or fashion trends shall be the most effective way to attract consumers. This thesis focused on regulations and differences of trade dress between Trademark Act and Fair Trade Act, and as well as how the trade dress be protected and registered as a trademark. Through the collection of domestic and international judicial cases, legal issues of trade dre
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18

Lim, Eugene. "The clash between trade mark law and freedom of speech in cyberspace : does ICANN's URDP strike the right balance?" 2004. http://link.library.utoronto.ca/eir/EIRdetail.cfm?Resources__ID=95111&T=F.

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19

Hurter, Eddie. "Aspects of the nature and online resolution of domain-name disputes." Thesis, 2011. http://hdl.handle.net/10500/5589.

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The thesis analyses selected aspects of domain-name law, mainly from the perspective of trade-mark law. It discusses the evolution of the domain-name system and how it operates as background to a more detailed discussion of the theoretical classification of domain names. The thesis then examines the interplay between trade marks and domain names, and the resolution of domain-name disputes resulting from the inherent tension between these two systems. The main principles of domain-name dispute resolution are identified by way of an analysis of the panel decisions handed down in terms of
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20

Kieu, Thanh Thi. "Implementating the Agreement on Trade-Related Aspects of Intellectual Property Rights in Vietnam." Thesis, 2009. https://vuir.vu.edu.au/25916/.

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This is a mapping of WTO members‟ obligations under TRIPs against the national laws of Vietnam implementing those obligations. Vietnam has produced comprehensive substantive laws harmonizing its intellectual property laws with the intellectual property laws of the international community. These substantive laws are complemented by procedural laws also required by TRIPs for the enforcement of intellectual property rights. The analysis focuses on how flexibilities within the obligations under TRIPs have been exercised by Vietnam to adapt those obligations to meet its own circumstances as a devel
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