Dissertations / Theses: 'Trademark infringements'

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Marsoof, Mohomed Ali Althaf. "Holding internet intermediaries accountable for infringements of trademark rights : approaches and challenges." Thesis, King's College London (University of London), 2017. https://kclpure.kcl.ac.uk/portal/en/theses/holding-internet-intermediaries-accountable-for-infringements-of-trademark-rights(5748b728-79de-4aae-a506-7844c7cee8f8).html.

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Despite the obvious advantages of the internet, there is little debate that it significantly facilitates Intellectual Property (IP) rights infringements, particularly in the trademark context. Infringers not only remain hidden by the anonymity that the internet provides, but also take advantage of the difficulties in enforcing IP rights. In these circumstances, it has become necessary to shift focus from the actual infringers, and instead focus on internet intermediaries (such as Internet Service Providers (ISPs), hosts and navigation providers, such as search engines) that are responsible in numerous ways for making content, including those that infringe trademark rights, available to internet users. Accordingly, this thesis addresses the following research question – ‘what are the approaches for, and challenges in, holding internet intermediaries accountable for infringements of trademark rights?’ This thesis argues that accountability can be achieved through both monetary and non-monetary remedies. The first substantive part of the thesis focuses on monetary remedies. Although trademark law in the United Kingdom (UK) and the English common law have not provided trademark owners with an effective remedy against internet intermediaries, by which these intermediaries could be held liable for their role in making infringing content available to internet users, the experience in other Member States of the European Union (EU) and in the United States (US) has been quite the opposite. In the second substantive part, this thesis builds on the discussion concerning approaches in the US and continental EU Member States, in order to propose suitable reforms to UK (as well as EU) trademark law that would potentially allow aggrieved trademark owners to claim monetary relief against internet intermediaries in the form of an action for trademark infringement. The proposal for legal reforms identifies the class of intermediaries against whom, and the circumstances in which, such monetary relief should be made available. Consequential legal reforms are proposed in order to counter the potential abuse of notice-and-takedown procedures, which this thesis identifies as a direct consequence of the interplay between the proposed liability framework and the EU safe harbour that limits such liability. The last substantive part of the thesis considers injunctive relief as a means of holding internet intermediaries accountable for making infringing content available to internet users. This part sets out how injunctions have been utilised in the UK against ISPs, and identifies key challenges underpinning this remedy, while also considering its application to other types of intermediaries. Having considered comparable approaches in Chile, Singapore and Australia, recommendations are made for suitable legal reforms to the EU legal framework, which has hitherto shaped the development of UK law in this regard. These suggested reforms are aimed at overcoming the challenges associated with the injunctive remedy, while promoting it as an effective way of holding internet intermediaries accountable for making content that infringes trademark rights available to internet users.

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Lindell, Philip. "Trademark infringement online : The accountability of internet intermediaries for third-party trademark infringement in the EU and the US." Thesis, Uppsala universitet, Juridiska institutionen, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-412913.

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Zixin, Shan. "Confusion or Likelihood of Confusion? : Trademark Infringement in China and EU." Thesis, Uppsala universitet, Juridiska institutionen, 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-356259.

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Miggels, Alvizo Romano. "An analysis of trademark infringement by dilution under South African law." University of the Western Cape, 2020. http://hdl.handle.net/11394/7329.

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Magister Legum - LLM
The rights relating to a trademark are said to be found in the fact that proprietors have acquired goodwill and a repute in their mark. Trademark law has always protected that aspect of what a trademark embodied, inter alia, to serve as a symbol of where a product originates from and guarantee quality by the setting the registered trademark proprietor’s goods apart from those of his competitor. The dilution of a trademark is one of the most challenging issues facing the sphere of trademark law in South Africa. Trademark proprietors have in the past relied successfully on primary and secondary or extended infringement. There has, however, been a dearth of cases on infringement by dilution thus far. The research in this study will primarily take the form of an evaluation of the development of the anti-dilution action and why there is dearth of successful cases in South Africa. Trademark proprietors are at risk of suffering financial loss if they are not able to protect their marks from dilution. The thesis will make recommendations whether the dilution provision contained in the Act need reform or whether the approach to the application of the anti-dilution provisions by our judiciary needs to change.

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Chen, Shui 1969. "The enforcement of trademark rights in the People's Republic of China /." Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=78209.

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Trademark counterfeiting is one of the most serious problems ever encountered in China. The Chinese government, recognizing the adverse effects that counterfeiting has had on both foreign investment and the nation's economy, has begun to take steps to protect intellectual property rights. To this end, the nation amended its Trademark Law on 27 October 2001. The aims of the amendment are to improve management of trademarks, to strengthen punishment for infringements, and to further meet the requirements of the TRIPs. Although the new amendment is laudable, eliminating the problem will take time.
This thesis offers an overview of trademark enforcement in China, beginning with a historical review of China's trademark law before moving on to examine the original version of current trademark legislation, the 1982 Trademark Law. The entry into force of the WTO placed tremendous pressure on China to meet international standards, resulting in the 2001 amendment and the protection it affords to well-known trademarks, as is discussed next. Finally, an examination of the enforcement of the trademark law in China, including the status of counterfeiting, the enforcement system, and the difficulties associated with enforcing trademark rights, is undertaken. The thesis concludes that the Chinese government has made remarkable progress in its quest to combat trademark counterfeiting and that the problem will gradually be overcome as the nation continues to develop its economy and enhance its legal system.

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Adler, Anne-Kathrin. "Google AdWords - Infringing or Liberalizing Trade? : A Comparative Analysis of Treatment of Google AdWords under U.S. and EU Trademark Law." Thesis, Linnéuniversitetet, Ekonomihögskolan, ELNU, 2012. http://urn.kb.se/resolve?urn=urn:nbn:se:lnu:diva-19010.

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Since Google as the world's largest and most popular search engine encourages Internet users to browse their search results, it is naturally functioning as an advertising vehicle and has turned into the most profitable Internet company in world's history. Google's success, however, has been subject to strong criticism as one of the main concerns is linked to Google AdWords, which reveal keyword-triggered advertisements as well as sponsored links besides unsponsored search results. Courts both in Europe and the United States under different trademark legislation felt forced to address the collision of pre-Internet trademark infringement doctrines with modern technology. As Google AdWords have changed the way consumers observe Internet advertisements and search engines, the boundaries of trademark law have continuously been pushed forward. This development, thus, raises the question of whether Google AdWords by now are considered to function as trade liberalizer or trade infringer under two different trademark jurisdictions. What is certain as of now is, that if the current circumstances are to change, courts cannot solely rely on old doctrines to adapt to new situations. Instead, new rules should not be subject to isolated court proceedings by individual instances regarded that jurisdictions of courts are limited by territorial boundaries and Google AdWords have evolved as an element of borderless online sphere. Taking these new challenges into account, this paper argues that addressing trademark issues originated by AdWords will demand an international consideration and coordinated efforts between the EU and the United States to bring forward an international solution.

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Allgurén, Klara. "What liability do freight forwarders have for trademark infringement in forwarded goods? : Focussed specifically on Swedish national rules in multimodal transport." Thesis, Internationella Handelshögskolan, Högskolan i Jönköping, IHH, Rättsvetenskap, 2010. http://urn.kb.se/resolve?urn=urn:nbn:se:hj:diva-13937.

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In September 2008, a consignment of pirated batteries, which were marked with Panasonic’s trademark, were retained by Swedish Customs. Panasonic sent a warning letter to the freight forwarding company, Tavatur, demanding it to destroy the batteries through the simplified procedure in (EC) No 1383/2003. However, since Sweden has not implemented the simplified procedure, Tavatur was unable to destroy the batteries without a court order from Sweden. Panasonic therefore sued Tavatur, the legal dispute being what liability freight forwarders have for pirated goods. Due to technical developments within different modes of transport, freight forwarders’ role has changed over the last few decades, from simple duties where the freight forwarder held an intermediary position, to a more independent role in which they now have to be legally classified as either a carrier or an agent. Unfortunately, legal development within multimodal transport has failed to keep pace with the speed of technical development. Bills of Lading, for example, have historically been working as receipts, but due to modern packing techniques, they have lost the normal evidence function they once had. Although there are some international regulations concerning freight forwarding services, they do not extend beyond the countries in which such conditions are used. When a dispute occurs between transport operators, which follow different regulations, the liability of the freight forwarders is unclear. Therefore, freight forwarders are in the need of harmonised legislation, especially concerning their liability for trademark infringements. Nonetheless, there are ways in which freight forwarder can avoid these disputes with right-holders, namely; by protecting themselves with legal cost insurance and via establish their liability through the use of contracts. However, Sweden and other Member States, which have not implemented the simplified procedure, should reconsider an implementation of it.

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Prasad, Ashutosh. "Essays on product-introduction timing, pricing, advertising and piracy in contemporary media /." Digital version accessible at:, 1999. http://wwwlib.umi.com/cr/utexas/main.

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Kirci, Niyazi Berkay. "Unfair Usage Of Trademarks Via Internet." Master's thesis, METU, 2008. http://etd.lib.metu.edu.tr/upload/3/12610174/index.pdf.

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One of the aims of thesis is to examine and describe current trademark law in Turkey and point out the fact that an excessive trademark protection is being implemented and that this kind of a protection does not automatically bring wealth to Turkey. Main aim of this thesis is to point out the fact that new circumstances of unfair usage of trademarks occured with the introduction of the internet and that important problems between the trademark law, which is of national character, and the internet, which does not have any limits arised in settlement of disputes. Another aim is to point out that, currently, there is no agreed legal text regulating in detail the circumstances of unfair use of mark via Internet both at international and national levels. In this context, basic concepts of current trademark law, birth and development of information and communications technologies and in this respect, the Internet, effect of Internet to current social structure and changes caused therein, national and international steps taken in this context, the question whether unfair usage of trademarks could be examined within current legal framework, problems arising from the differences between Internet and Trademark Law also discussed.

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Figueiredo, Natália de Lima. "Poder da marca: interações entre direito antitruste e direito industrial." Universidade de São Paulo, 2015. http://www.teses.usp.br/teses/disponiveis/2/2132/tde-11042016-134151/.

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O presente trabalho busca analisar os diferentes tratamentos dispensados à marca no âmbito do controle preventivo e no controle repressivo de condutas. A análise da função social das marcas demonstrou que esta é uma propriedade que se realiza na concorrência e pela concorrência. Nesse sentido, não há dúvidas de que está sujeita aos princípios do Direito Concorrencial. Todavia, a maneira como esses princípios balizam a marca no controle de atos de concentração, de um lado, e no controle repressivo de condutas, de outro, difere. No âmbito do controle de atos de concentração, a atuação da autoridade concorrencial é orientada por uma variante do princípio da precaução, o que a autoriza a tomar decisões e impor restrições aos direitos marcários mesmo em um contexto de incerteza. No âmbito do controle repressivo de condutas, todavia, a intervenção do CADE está sujeita aos princípios do Processo Administrativo Sancionador. Neste contexto, as condutas que envolvem o uso de direitos de propriedade intelectual, incluindo as marcas, devem ser analisadas à luz do princípio da estrita legalidade. Um critério jurídico objetivo é necessário para distinguir o lícito do ilícito, sobretudo em um cenário no qual estão em jogo duas políticas públicas distintas: a de proteção à concorrência e a de proteção à direitos de propriedade industrial. Sendo essas duas políticas instrumentais e parciais, voltadas a um fim maior de política econômica, devem harmonizar-se, e não sobrepor-se uma a outra. Ademais, o escopo de atuação da autoridade concorrencial em processos que investiguem o uso abusivo de direitos marcários e atos de concorrência desleal deve ser esclarecido. O direito concorrencial, enquanto ramo autônomo do direito, com princípios e métodos interpretativos próprios, pode analisar institutos e figuras de outros ramos que com ele guardem relação sem ter de ficar adstrito ao posicionamento de outras instâncias.
This work has the purposes of analyzing the different treatments trademarks are subject in the fields of merger control and antitrust infringement proceedings. The analysis of the social function of trademark showed that it is a property that becomes effective in and by means of competition. In this sense, there is no doubt that it is subject to the principles of Antitrust Law. However, the way these principles limits trademark rights in the context of merger control, on one side, and, antitrust infringement proceedings, on the other, varies. In the field of merger control, the antitrust authority is guided by a variant of the precautionary principle, which empowers it to make decisions and impose restrictions to trademark rights even in a context of uncertainty. However, under antitrust infringement proceedings, CADEs intervention is subject to the principles of the Sanctioning Administrative Procedure. As a result, the conducts that involve intellectual property rights, including trademark rights, must be analyzed in view of the principle of strict legality. An objective legal criterion is necessary to distinguish licit from illicit behaviors especially under a scenario where two different public policies are at stake: the one relating to competition defense and the other concerning the protection to intellectual property rights. Since these two policies are instrumental, partial and targeted to a higher objective connected with economic policy, they should be harmonized and not overlap each other. In addition, the scope of the competition authoritys jurisdiction in antitrust infringement proceedings which investigate the abuse of trademark laws and acts of unfair competition should be clarified. Antitrust law, as an independent legal field, which contains its own principles and interpretation methods, can analyze institutes from other legal fields to which it is related without being bound by the positioning of other instances.

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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 limites inhérentes à tout monopole, à savoir le respect de l’intérêt général, fil un conducteur qui gouverne la procédure d’enregistrement de la marque, au-delà, son maintien en vigueur et la détermination des frontières qui séparent ce qui est permis de ce qui est interdit. S’agissant de s’interroger sur les procédures de règlement des litiges, à l’aune de leur comparaison, entre trois systèmes de cultures juridiques très différentes, à savoir la France « berceau » du droit continental et, du droit administratif d’une part, et, d’autre part, deux entités de tradition juridique divergente - la Chine continentale et Taïwan - , on peut relever un renforcement du pouvoir administratif et en même temps, un mouvement d’harmonisation des règles du contentieux. Le renforcement du pouvoir administratif se manifeste à travers l’extension des compétences en matière de droits de propriété intellectuelle. Ainsi, en Chine continentale, les autorités administratives locales peuvent appliquer les lois administratives pour régler avec célérité les litiges de propriété intellectuelle. En France, le renforcement du pouvoir administratif s’exprime avec la transposition future de la directive de 2015 sur l’harmonisation du droit des marques dans l’Union européenne, qui attribue compétence à l’INPI en matière de déchéance et de nullité des marques, au premier degré. L’harmonisation du droit des marques se révèle avec le renforcement du mécanisme de la retenue en douane en Chine continentale et à Taïwan et, par ailleurs, avec l’instauration de juridictions spécialisées, le législateur taïwanais étant le premier entre les trois systèmes juridiques, à créer une Cour en propriété intellectuelle en 2007
There continues to be significant developments in intellectual property law in the wake of the technological revolution and the globalization phenomenon. This thesis seeks to analyze procedures for settling disputes by comparing three decidedly different judicial systems: France (the « cradle » of Civil law legal system) on the one hand, contrasted with two entities of diverging judicial traditions, namely Mainland China and Taiwan. We will take up two trends in particular: a strengthening of administrative power and at the same time a movement toward harmonizing settlement procedures.The strengthening of administrative power is evidenced by its “specialization” and extension of its competence in the area of intellectual property rights. Thus, in Mainland China local administrative authorities can enforce administrative laws to expediently deal with intellectual property disputes. In France, on the other hand, the growth of administrative power can be seen in the transposing of the 2015 future directive regarding the harmonization of trademarks within the European Union, which attributed competence to the INPI for the first degree examination in the revocation and invalidity procedures.The harmonization of trademarks is also visible in the introduction of a reinforced “customs seizure” mechanism in Mainland China and Taiwan. Furthermore, with the establishment of specialized courts, the Taiwanese legislature became the first of the three justice systems to create an intellectual property court in 2007

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Chu, Shih-Chuan, and 褚世詮. "A study on trademark infringement and its Remedies - Focusing on well-known trademarks in China." Thesis, 2012. http://ndltd.ncl.edu.tw/handle/77832150746262105126.

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碩士
國立雲林科技大學
科技法律研究所碩士班
100
By now China has implemented the twelfth 5-year project. Over the past several decades China has implemented economic reformation at a very fast speed. It has become the most important market in the world. The enterprises worldwide and many famous brand names have crowded into China. Thus, China increasingly attaches importance to the protection of trademark. After becoming one of WTO member countries in 2001, China adopted a well-known trademark system which is one more protection to foreign famous trademarks. This article focuses on the infringement of well-known trademarks in China and its relief system, and probes the administrative and judicial systems in China on trademark infringement so as to understand the complicated laws and regulations in China, such as Judicial Interpretation issued by Supreme People’s Court of China on “Interpretation of applicable laws associated with the examination of civil disputes of trademark”, or on advice and opinion issued by Trademark Administrative Authority (Trademark Office of State Administration for Industry and Commerce). What are the legal effects of these Chinese representative interpretations and advices? How the China Trademark Law is used to solve the problem when a trademark infringement occurs? What are the important things which we should be careful during the lawsuit? These would become decisive factors for foreign capital enterprises to win the lawsuit in China. Furthermore, after understanding the well-know trademark system of China, this article compared the differences between China and Taiwan on their well-know trademark systems. China’s experiences pointed an improvement direction for Taiwan well-known trademark system toward a more complete and perfect status.

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SU, HUAN-YU, and 蘇奐予. "The Crime of Trademark Infringement." Thesis, 2016. http://ndltd.ncl.edu.tw/handle/15695722566191872729.

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碩士
東吳大學
法律學系
104
The concept of the intellectual property right begins around one hundred years ago; after the development for the past century, nowadays it lead the progress of global technology, establish the value of brands, and influence technology, economics and society. The importance of intellectual property surely become more and more significant. For these recent years, the countries intend to amend their laws and regulations to reflect the international trend that TRIPs under WTO, in order to strengthen the protection of intellectual property rights. Trademark, Patent and Copyright are jointly called as Intellectual Property Rights. Nonetheless, the intellectual property right is not just limited to these three types. With the long term observation of its purpose, the definition would be: “the protection provided by laws on the product created by the spirit of human being, and the administration provided by laws on the due order of industry competition.” Just like Trademark, the purpose of protecting the trademark owner , is for protecting that product could be identified its source, to maintain the competition order, and safeguard the benefit of customers--- instead of being limited to protect the creation of logo picture. The subjects protected by the Trademark Act of R.O.C. are: Trademark, Certification mark, Collective Mark and Collective Trademark. As Taiwan, adapts the principle of registration, the trademark owner is entitled to have the exclusive right after being granted the right of trademark, so the owner is entitled to request the others to remove their activity may cause confusion, and there could be further discussion on the issue of infringement--- the essential argument is on the concept of “use” and “ Likelihood of confusion”. Whether the criminal law punishment should be involved in IP right law system, there is no final resolution yet, from the point of view that there is no criminal law punishment for patent in most countries, and the Patent Act of Taiwan, has been de-criminalized. However, the other edge of the principle of Ultima Ratio of Penalty is that the criminal punishment is an efficient political administration method. Therefore, when the value of intellectual property has been insisted by the international parties or the law makers, after the check with the standard of Constitution, it seems that there is necessity to recognize the criminal punishment. Though the special Criminal laws exist in many law fields, the original concept, principle, appliance and effect of Criminal Law cannot be changed, therefore many argument result from this. It is expected that the practice operation of trademark infringement litigation and the protection of intellectual property rights could be more thorough, after the well establishment of the Intellectual Property Court, and the clarification of some concepts in dispute.

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WU, PEI-CHIH, and 吳佩芝. "Study on Trademark Maintenance Use and Trademark Infringement Use." Thesis, 2013. http://ndltd.ncl.edu.tw/handle/83789958270811423722.

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Tang, Shu-Lan, and 湯淑嵐. "The Appropriateness of the Trademark Use Requirement in Trademark Infringement." Thesis, 2010. http://ndltd.ncl.edu.tw/handle/72601546793256301736.

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碩士
國立交通大學
科技法律研究所
99
What kind of “use” constitutes trademark infringement? The emergence of the Internet changes the business model and forces the fashion of trademark use away from traditional transaction custom. Along with these new types of trademark uses are more complicated controversies on trademark law. Therefore, the standard to define “trademark use” under trademark law needs to be reexamined. The idea of this thesis originates from the trademark use debate in the United States: whether “trademark use”, i.e. the use of the accused trademark by the defendant as its own trademark, should be a prerequisite of trademark infringement? If the answer of the aforesaid question is yes, how do we measure its appropriateness? In this thesis, the author first introduces in detail the “trademark use” theory and the opposition, and then conducts case study of non-typical trademark use cases, including cases which happened before and after the emergence of the Internet, the latter of which can be categorized into three groups, cases involving meta tags, pop-up advertisements and keyword advertisements. In regard to Taiwan law, through summarizing academic theories and opinions of courts on trademark use and conducting empirical analysis on the rulings of the Intellectual Property Court, the author discovers that the academic definition of trademark use in the United States is also adopted in Taiwan. Furthermore, the author categorizes the common types of trademark use of non-typical cases, analyzes the rulings of those cases in order to know the application of the trademark use requirement among those types, and argues the appropriateness of the trademark use requirement in trademark infringement.

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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.
Jurisprudence
LL.D.

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Huang, Hsueh-Fen, and 黃雪芬. "The Reasurch of Trademark Indirect Infringement." Thesis, 2012. http://ndltd.ncl.edu.tw/handle/28512909761722602957.

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碩士
嶺東科技大學
財經法律研究所
100
The purposes of Trademark Law are encouraging applications of registration, protecting the exclusive use of trademark owners, making the consumers easier to recognize each trademark. Infringement of trademark will cause owners’ damages and get the illegal profits. Secondary liability is liability that is imposed upon a defendant who did not directly commit the wrongdoing at issue, digital technology appears to pose a threat to trademark holders because digital technology eases the reproduction of marks and facilitates the global distribution of infringing products. This article will discuss the theories of secondary liability, it examines the vicarious liability and contributory liability by analyzing the current law of infringement. Secondly, this article is going to introduce the U.S. cases and judicial decisions. Thirdly, it tries to reveal Taiwanese Trademark Law in related to trademark infringement secondary liability. Finally this paper is assessing how the law of secondary trademark liability fails to lay a reasonable template for resolving complex issues of technological change.

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Hsu, Chia-Tzu, and 徐佳姿. "A Study on Trade Dress Infringement Lawsuit: Centralized on Trademark Infringement." Thesis, 2013. http://ndltd.ncl.edu.tw/handle/75398416732516194111.

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碩士
東吳大學
法律學系
101
What is Trade Dress? What is the content of the particular IP rights? What is its scope and requirements of protection? More important is how it has been used and applied in a trademark or related IP infringement lawsuit cases. The U.S. federal trademark legislation was amended in 1946 (the “Lanham Act”). When in its amendment in 1988, it officially provided the protection of the unregistered trade dress in the Section 43(a). So, like the trademark infringement, at the federal level, trade dress infringement is governed mainly by the Lanham Act; while at the state level, it is governed by similar Intellectual Property statutes and various common-law doctrines. Unlike the traditional word or design trademarks, trade dress is defined as “the total image and whole appearance of a product or service”. Trade dress protection is intended to protect consumers obtaining they need via the unique packing or appearance of a product or service from being confused by those similar to avoid damages. Accordingly, this article studies and introduces the U.S. trademark legislation regarding Trade Dress and five (5) important and influential infringement cases to develop its scope and requirements of protection, such as non-functional requirement, distinctiveness and secondary meaning. To acknowledge how these scope and requirements of protection have been actually used and properly considered in each of introduced infringement lawsuit cases. The main purpose of this article is in a hope that the study results can be taken as a reference to the Taiwan IP field to hence achieve the same level of protection for Trade Dress as the U.S. does. Moreover, there is a particular chapter (Chapter Five) used to introduce the present development and judgment direction of related Trade Dress lawsuit cases in China. Therefore, the second purpose of this article is to assist in obtaining more understanding on the latest progress of this Trade Dress issue in Mainland China. Key Words: trademark, trade dress, infringement, Section 43 of the U.S. Trademark Law, non-functionality, distinctiveness, secondary meaning, Article 5-2 of the China Anti-Competition Law

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Chih-Wei, Wang, and 王志偉. "The Study of Cross-Strait Trademark Infringement." Thesis, 2010. http://ndltd.ncl.edu.tw/handle/52597506850283088663.

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Huang, Wan-Ju, and 黃琬茹. "Study of the Trademark Use and Infringement." Thesis, 2014. http://ndltd.ncl.edu.tw/handle/81485684843901926049.

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碩士
中原大學
財經法律研究所
102
Although the law of trademark had been modified in a formal direction several times, it still exist some problem between the theoretical and pragmatic way about the concept of the “trademark use”. There are many different views in how to identify the essential condition for violation trade-mark. One of them saysthat the“trademark use” should be regarded as a premise to filter out some actions without “trademark use”. Others consider that to identify if it is a miss using or not will be the base of the judgment. Since the coming of the new cultural generation and the population of the micro-enterprise today, it is getting more important to avoid any problems in “trademark use” by understanding the direction of the concept in practical for the creators. And the “trademark use” is also need to de defined more precisely into the law of trademark. Here we will start from review some cases and documentations to discuss the concept of trademark use and the essential in trademark violation.The focus will be on if the trademark use is regarded as the premise or not in the Intellectual Property Court and Common Court. The main concept and the argument will also be pointed out. After using methodology of jurisprudence to analyze these cases, to put the trademark useas the premise for the trademark violation case would be a possible way for the new cultural generation and the micro-enterprise. Besides, it is same for the indirect infringement and fiction infringement. Since the concept of trademark use was modified by according some parts of the law of trademark of Japan on June 29 2011, we will introduce and analyze some rules in different casesinthe lawof trademark of Japan. After comparing the different definition of the action of trademark use will help us to make our trademark law more precisely. Also make a better way to follow and to protect their creation.

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潘華婷. "Fair Use Doctrine in the US Trademark Infringement- Focusing on Trademark Parody." Thesis, 2013. http://ndltd.ncl.edu.tw/handle/76960033901166846155.

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22

Chen, Yu Ting, and 陳育廷. "A Study on Trademark Infringement on Internet: Focusing on "Trademark Use" Requirement." Thesis, 2010. http://ndltd.ncl.edu.tw/handle/81464983655469850068.

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碩士
輔仁大學
財經法律學系
98
Internet has become an indispensable tool for life, but there are many infringements ensued from it. As the information explosion on the Internet, business is heavily reliant on trade marks to increase trading opportunities, but caused a free-rider problem. The problem encountered in the field of trademark law is how to apply the interpretation of the elements of trademark infringement in physical world into the virtual world of the Internet. The most controversial issues are the “trademark use” requirement and “likelihood of confusion” requirement. The subject of this article is the “trademark use” requirement. “Trademark use” requirement is the objective element of trademark infringement. In the past, in response to diverse business types, therefore, the context of trademark law does not strictly define the specific behavior pattern, and had doubt of the interpretation. Today, this element is more difficult to be interpreted and applied on the Internet. This is because the mark is usually attached to some physical object, but there is no physical object can be attached on Internet and the Internet users may not be able to “see” the trademark sometimes. So that, this article starting from trademark law and referring to the practice opinion to explore the interpretation and application of “Trademark use” requirement. This article has four parts. First, this article will introduce the development and characteristics of the Internet and relevance between Internet and trademark infringement. Second, this article will compare the non-Internet trademark infringement and trademark infringement on the Internet to detect differences in their traits and build awareness of the problem of this article. Furthermore, this article will this introduce the technology of Web Design, hyperlink setting, domain name, counterfeit goods, metatag, keyword advertisement, online game, social networking sites ,and discuss the issues involved in trademark use. Finally, this article inductive analysis the factors of trademark use requirement on the Internet, and try to propose the interpretation for practitioners and possible direction of amending the law in the future by essential function of trademark.

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23

WANG, YA-TING, and 王雅婷. "The Infringement and Protection of Well-Known Trademark." Thesis, 2016. http://ndltd.ncl.edu.tw/handle/rp8qm5.

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24

Wang, Yi-Chien, and 王怡茜. "Trademark Indirect Infringement Liability of Internet Service Provider." Thesis, 2016. http://ndltd.ncl.edu.tw/handle/00641742079545410172.

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碩士
國立中興大學
法律學系科技法律碩士班
104
This thesis focuses on the issue of trademark indirect infringement liability of internet service provider (ISP). Unlike the typical type of trademark direct infringement liability, determining trademark indirect infringement liability becomes an important issue since the development of the internet. Because there are not lots of trademark indirect infringement cases asserting ISPs to be liable, the online trademark infringement is still a developing issue in nowadays. Therefore, this thesis try to make a comparison between Taiwan law, United States (U.S.) law and the European Union (EU) law. Finally, it provides some suggestions for the amendment of the Trademark Act in Taiwan. First, this thesis introduces the concept of ISPs, defines the characteristic of ISPs, and classifies the types of ISPs based on functions and laws. Second, this thesis discusses the doctrines of U.S. trademark infringement liability. The Lanham Act provides clear provisions of trademark direct infringement, but contains no statutory provision for trademark indirect infringement liability. Trademark indirect infringement is a judicially created doctrine that derives from the common law of torts. The most important leading case on contributory liability for trademark indirect infringement is Inwood Laboratories v. Ives Laboratories. The Inwood test provides helpful guidance for courts in analyzing the contributory liability. The recent case regarding the liability of an ISP is Tiffany（NJ） Inc. v. eBay Inc.. It is also the first case to apply the Inwood test in online market. Secondly, the thesis examines how the U.S. courts and the EU courts addressed trademark indirect infringement claims against ISPs. The differences result in the different standards. The EU has the ISP regulation for trademark indirect infringement in E-Commerce Directive and Directive 2004/48/EC. Unlike the U.S. court discuss and interpret the elements of Inwood test, the EU courts have the certain rules to apply. Lastly, this thesis analyzes the application for trademark indirect infringement from the regulations in Taiwan, including the Trademark Act, the Civil Law, the Criminal Law and the Fair Trade Act. It also discusses the court decisions in Taiwan. Even though these decisions are not directly related to ISPs trademark indirect infringement, it is still very useful and helpful to observe the concerns of the courts about these problems. Finally, this thesis provided some possible solutions to problems resulting from the Trademark Act in Taiwan.

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25

Li, Yixiao, and 李一笑. "The Liabilities of Online Marketplaces for Trademark Infringement." Thesis, 2014. http://ndltd.ncl.edu.tw/handle/39669249521521994919.

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碩士
國立臺灣大學
法律學研究所
102
Sales of online marketplaces are booming in the last few years. However, there’s a problem accompanying the prosperity of online trade, about whether the online marketplaces should be held liable for online sellers’ sale of counterfeits. The discussion of Internet service providers’ liabilities is often limited to the field of copyright infringement, and mature regulations have been developed for this issue. But as to the liabilities of online marketplaces, there’s no systematic theory. The basic opinion of the thesis is that online marketplaces should be held liable for such infringement, but the liabilities shall not be too much. Firstly, by comparing the laws and cases of several countries, it is noted that there are two ways in solving the problem of online marketplaces’ liabilities when a third party sells counterfeits: one is strictly explaining the components of infringement, and the online marketplaces may not be held liable because its action is not deemed as trademark infringement; another way is setting a loose escape clause. In the discussion of basic theories, this thesis firstly reclassified the online marketplaces into ones that are parties of the sales contracts and ones that are not, and then discuss about them respectively, which will help in the judges’ judgment of their liabilities. Besides, online marketplaces shall not be burdened with an individual supervising duty, while they should take some duty of care to prove they are with no fault. Further, the concept of “indirect infringement” is commonly used as a concept in the U.S. law, and using this concept in the civil law system may cause a confusion of concepts. What’s more, the rules in the copyright laws shall not be directly applied to the trademark infringement due to the differences between the nature of copyrights and trademarks, as well as the nature on Internet service providers in the copyright infringements and online marketplaces in trademark infringements. As for law practices, it is roughly regulated in the Tort Liability Law in Mainland China, so the interpretation of the laws should be done first. The concept of “necessary actions”, “awareness” should be explained clearly. Besides, since the infringement of trademarks and copyrights are of some differences, it is better to set rules respectively in trademark laws and copyright laws. In Taiwan, online marketplaces may not be held liable because the issue is not specificly provided in the Trademark Law and the theories in civil law don’t acknowledge aiding or abetting without a conscious cooperation. The Trademark Law may be revised to set rules about the liabilities and escape clauses of online marketplaces in this issue in reference to the regulations in the Copyright Law, if it is needed in Taiwan.

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26

Chiang, Ko-Chi, and 蔣克齊. "Liability of Internet Service Providers for Trademark Infringement." Thesis, 2011. http://ndltd.ncl.edu.tw/handle/19863928169372210609.

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碩士
世新大學
智慧財產權研究所(含碩專班)
99
Over the last decade, Trademark proprietors filed trademark infringement lawsuit against internet service providers in the United States or in the member state of European Union. They considered that the keyword advertising services or electronic marketplace marketing services which employed proprietors’ trademark would establish actionable trademark infringement. Consequently, internet service providers would face legal exposure of trademark infringement liability. There is still not any trademark infringement lawsuit of internet service providers in Taiwan until this year; however, there would be trademark infringement lawsuit against internet service providers in future. This discussion divided into four parts. In the first part, Chapter Two, author will discuss the function of trademark and two important interests that trademark act protect, including the interest of the consumer and the interest of trademark proprietors, which is also the normative foundation of trademark infringement. Secondly, in the second part, Chapter Three and Four, author will discuss five precedents of the United States and study how circuit judges or commentators to solve this new legal issue? Author will analyze how courts to adapt the prime facie evidence of the direct trademark infringement of the Lanham Act and the indirect trademark infringement tests properly to interpret whether the internet service providers would establish trademark liability by balancing the interest of consumers and trademark proprietors. Thirdly, in the third part, Chapter Five, author will discuss two important legal issues that European Court of justice need to solve when trademark proprietors filed trademark infringement lawsuit against internet service providers in European Union, including analyze how to adapt the statute about trademark infringement of Community Trade Mark Regulation to interpret whether the internet service providers would be considered use the trademark of owner in the course of trade; moreover, whether the internet service providers’ behavior falling with in the scope of Directive on electronic commerce, would be exempted from liability? Finally, in the part four, Chapter Six and Seven, author attempt to study and analyze what legal issues of trademark infringement will happen when trademark owners file trademark infringement lawsuit against internet service providers in Taiwan. And what is the feasible solution of these issues, including how to adapt the element of trademark infringement, including the statutes of use, likelyhood of confusion, infringement liability of Trademark Act and joint and several liability in Civil Act of Taiwan?

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27

Chen, Ming-Hsiung, and 陳明雄. "The Criminal Penalty of Trademark Infringement — A Case Study of Trademark Confusion & Misunderstanding." Thesis, 2008. http://ndltd.ncl.edu.tw/handle/23733236149112209663.

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碩士
雲林科技大學
科技法律研究所
96
The Revision to the Trademark Act Revision of the Republic of China was published on May 28, 2003 and entered into force six months later. It confers the scope and effect of trademark rights in the case of conflicted trademark disputes. On April 28, 2003, the published the “ordinance of Reviewing trademark case with a likelihood of confusion” which abided by article 16 of the ‘Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) after Taiwan joined the World Trade Organization (WTO) on first January 2002. According to the apprehension of the Department of Economic of Republic of China, the agency responsible for administering trade mark, who emphasized that before we presumed a case in the adaption of Trademark Act, we have to estimate that whether this commodity/commercial service has a likelihood of confusion to the customers. It should not be obliged to apply with a formal standard on every case which has different scenario. On the contrary, we should consider that whether the similar degree of trademark was able to confuse the customers in each case. Second, when observed the utilization of that argued trademark on a commodity or a commercial service, we should think about whether there is any other factor will influence customers which is nothing to do with the influences from the trademark and commodity/commercial service by themselves? In order to have the judgment we had made about the confusion and misunderstanding on a trademark case was able to meet the reality of the market, we should take all the relative factors which were influential into the constant as possible as we could. In addition, there is no exception in confirming an infringement case of trademark property. There are slight differences in the adaption of Trademark Act between the revised version and the former one in regards to the infringement case of trademark property. Therefore, it is necessary to analyze the relationship among the similar of trademark, the confusion, misunderstanding and the criminal punishment of infringement of trademark before we refer trademark and the confused judgment, then we may discuss further about the factors of trademark and the confused judgment toward the customers.

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28

CHEN, HONG-MOU, and 陳鴻謀. "The Study on Infringement of Trademark in Taiwan-Focus on the Trademark Preemptive Registration." Thesis, 2017. http://ndltd.ncl.edu.tw/handle/42287935166884377871.

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碩士
逢甲大學
經營管理碩士在職專班
105
The diversified development of business has led to the diversification of trademark types. With the science and technology and economic development, the types of trademark infringement are also myriads of changes. Taiwan’s Trademark Law has been modified for many times, however, it seems that the protection of trademarks is still insufficient. Especially in the scope of trademark squatting. This paper mainly focuses on analyzing the infringement of trademark and trademark squatting via cases and legislation study. Moreover, for the dilemma of Taiwan’s companies recently, this paper will provide suggestions via both legal and business respect, trying to offer more protection on companies’ ownership of the right of trademark and to strengthen companies’ future business plan.

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29

Yang, Pei-Chi, and 楊佩綺. "A Cognitive Sociolinguistic Study of Trademark Infringement in Taiwan." Thesis, 2014. http://ndltd.ncl.edu.tw/handle/52688815827046662760.

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碩士
國立中正大學
語言學研究所
102
This study investigated the cases of trademark infringement in Taiwan from 2011 to 2013 within the framework of cognitive sociolinguistics. Three issues were addressed in this study: (1) the issues of trademark disputes in Taiwan and the United States during the same period of time, (2) the confusing factors of trademark infringement and (3) the comparison of attitudes towards these cases between the general population and the government. Thirty-five cases in Taiwan and twenty-one cases in the United States were collected from the Newspapers in Taiwan and the LexisNexis Academic database. A questionnaire was also distributed to 172 participants to elicit their judgments on the similarity between trademarks. The data were tested statistically to determine which linguistic factors might influence people’s perceptions of trademark confusion. The results showed that the trademarks in Taiwan were explicit, while the trademarks in the United States were implicit. Besides this, five linguistic factors identified from the trademark infringement court cases involved the perceptions of morphosyntactic, graphemic, phonetic, semantic, and image/slogan similarities and differences. Moreover, the particular combinations of trademarks were found to affect participants’ perceptions of trademark confusion. Finally, the general population’s attitudes matched the government’s judgments on the morphosyntactic differences, but not on those involving the graphemic differences.

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30

Haung, Chien-Yi, and 黃倩怡. "Commercial Speech as a Fair Use in the Trademark Infringement-Focus on the US Trademark Law." Thesis, 2007. http://ndltd.ncl.edu.tw/handle/78343808664253729626.

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31

Liu, Jia-Ruei, and 劉家瑞. "The Civil and Criminal Liability of Trademark Infringement：A Research based on the Nature of Trademark." Thesis, 2013. http://ndltd.ncl.edu.tw/handle/39922702827384817243.

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32

Wu, Kun-da, and 吳昆達. "A Study of Initial Interest Confusion Doctrine and Trademark Infringement." Thesis, 2010. http://ndltd.ncl.edu.tw/handle/31593074160911240124.

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碩士
國立中正大學
財法所
98
Trademark law has two primary purposes: “to secure to the owner of the mark the goodwill of his businesses and to protect the ability of consumers to distinguish among competing producers.” Trademark is the identity of a specific producer of a certain kind of commodity or service. The trademark holder is entitled to protect the trademark and enjoy the benefits accruing therefrom. On the other hand, consumers have a right to expect a consistent and uniform level of quality while purchasing goods or services associated with a specific trademark. The importance of a trademark is as long as it helps the holder to exercise commercial magnetism on his/her customers. But when a producer uses the trademark to deceive the consumer, he or she violates the rights of the legitimate trademark holder. Infringement in trademarks, in the simplest sense, prohibits a business or individual from confusion by preventing consumers from believing that the goods or services being sold are that of the rightful trademark owner. In Steinway v. Steinweg, the court extends the concept to initial interest confusion, where a consumer is confused about his purchase only at the outset of his search for the product. The consumer realizes the mistake of his initial belief, but nevertheless continues to buy the competing product. A prominent example of ''initial interest confusion'' is the websites with identical designs. But is recently being overused and improperly extended beyond the original holding in digital cases. The doctrine must be reexamined so as to help commerce.

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33

Chen, Shih-Feng, and 陳世峰. "The Study of the Compensation for Trademark and Copyright Infringement." Thesis, 2012. http://ndltd.ncl.edu.tw/handle/21843955159454326399.

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碩士
國立高雄第一科技大學
企業管理研究所
100
Intellectual property rights are the rights given to persons over the creations of their mind. They usually give the creator an exclusive right over the use of his/her creation for a certain period of time. Since the right guaranteed by law, the liability of the infringement is an important issue and should not be ignored. In recent years, the studies of intellectual property rights in academia are mostly focused on applications of the law or the research of foreign cases or the mode of application management. However, the research of the factors that affect the amount of indemnity is relatively few. Therefore, this study is aimed at the trademark and copyright research, analysis, and the factors of indemnity amount during an infringement conviction. It is a study of the contstructed the trademark and copyright infringement indemnification model that provides the trespasser or the defendant a predicted infringement fine. This paper takes the legal precedents from July 1, 2008 to November 30 2011 adjudicated by the intellectual property court as a case study. The results of these cases are analyzed by the historical method and logistic regression. According to the results of the study, when a trademark infringement is convicted, the memorability of the effect (Strong or weak) and the infringement act (intentional or accidental) will affect the determination of the compensation amount. When a copyright infringement is convicted, the signed contracts between the accuser and the defendant will affect the determination of the amount of compensation. In addition, the study found that in cases of trademark infringement, the accusers have a 61.76% chance of receiving a compensation amount less than what they requested. In the cases of copyright infringement, the accusers still have a 72.5% chance of receving a compensation amount less than what they requested.

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34

Guo, Yi-Syuan, and 郭懿萱. "Remedies for trademark Infringement : Focusing on the Caluculation of Damages." Thesis, 2012. http://ndltd.ncl.edu.tw/handle/78804888604280317467.

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碩士
國立清華大學
科技法律研究所
100
Trademark owners are not sufficiently protected by present Trademark Act and regulations in Taiwan. On the contrary, the trademark law in the US has developed a series of principles which provide adequate protection and are therefore worthy of studying: trademark infringement cases can be categorized into trademark infringement and trademark counterfeiting. Remedies for trademark infringement include infringer’s profits as damages, compensation of losses suffered by the trademark owner, litigation costs and attorneys’ fees in exceptional situation (Article 35 of Lanham Act) and injunctions (Article 34 of Lanham Act). In addition, trademark counterfeit is subject to Trademark Counterfeiting Act of 1984. If the defendant has the intention to deceive and its use is likely to cause confusion, mistake or to deceive, and the counterfeit mark is used in connection with the same goods or services as those for which the mark is registered on the Principal Register, the defendant will be criminally punished. According to Article 71 of the Taiwanese Trademark Act, damages can be claimed in accordance with infringer’s profits, losses suffered by the owner, the maximum number of 1500 times of the unit retail price, or possible royalties. The empirical results show that the majority of claim is pursuant to many times of the unit retail price for the ease of burden of proof. Monetary recovery alone is insufficient because present measures of estimating trademark value may easily incorrectly estimate trademark value and the trademark owner may still suffer from economic loss when winning the case. As a result, injunctions in time are needed against trademark infringement. It is suggested that courts in Taiwan take four basic criteria (including the probability of success, irreparable injury, the hardships balance in favor of plaintiff, and public interests) adopted by American law into consideration while granting injunctions. As to trademark counterfeit, the Taiwanese Trademark Act has no specific provision. It is suggested that Taiwan follow the Trademark Counterfeiting Act of 1984.

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35

Suwan-in, Nattapong, and 陳光合. "Research on Trademark Infringement and Dilution in the Second Life." Thesis, 2010. http://ndltd.ncl.edu.tw/handle/83308485425088070957.

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碩士
國立臺灣科技大學
管理學院MBA
98
Second Life was developed back in 2003 when the virtual world technology was innovated for game users and social world wanderers. Whereby a game like EverQuest or the World of Warcraft inspires users to merely strive into a higher level, virtual world of Second Life is no longer a game online at present but in fact a stage of making profit, convertibly into real life. As it was observed by May 2007, there were more than 16 shops in Second Life advertised Ferrari cars, offered for sale for proximate US$ 7.75, Rolex and Chanel at 40 stores with the price offered averaging around US$ 1.61, as well as Gucci, Prada, Ray Ban and Oakley for various types of 3D at approximately 50 stores for the price much cheaper at US$ 0.75, while none is really owned or sponsored by actual trademark owners, Second Life has rendered serious legal disputes and public attention. With more than 11,500,000 transactions taken place in Second Life nowadays, the problem in consequence is how to say that the current trademark law is applicable and suitable to find legal solution(s). In this context of legal research, the author came to use analytical methodology by observing the trend and development of US Trademark Law in each period of Phonewords and Domain Name, and comparing to the modern world of Second Life. Thus, the technologies used in all three types of the periods are sharing a crux of theme in common, specifically the trademark use that is transformed into intangible, expressed in term of alphanumeric number, Domain Name, and virtual mark attached on Second Life products. The dispute is hence further discussed of its possible assumptions and applications that the US courts shall possibly rule, with three scenarios rendered in full, distinguishing our analysis of infringement and dilution into particular situation. Despite of the differences that the Scenario 1 is hypothesized that trademark protection is gained in real world and infringement is committed in Second Life, Scenario 2 and 3 are the flip side whereby trademark protection are gained in the virtual world though infringement is committed diversely (Infringement is done in real world for Scenario 2 and in the virtual world for Scenario 3), the results in final show similarly that consumers are likely to find confusion in constitution of infringement. Whilst for trademark dilution, virtual mark owners both for Scenario 2 and 3 seem to face difficulty for proof famousness of the marks, deviated from the Scenario 1 whereby famousness extension is expected to cross over to the virtual world.

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36

Lin, Jiaru, and 林佳儒. "A Study in Jurisdiction of Trademark Infringement Case with Foreign Factors - Centering on matters of Internet Infringement." Thesis, 2011. http://ndltd.ncl.edu.tw/handle/80058695908647955204.

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碩士
國立中正大學
法律學研究所
102
With the development of air and ocean freight, the traditional trading patterns used to be limited by geographical space have been changed. As the distance among nations is narrowed, an increasing number of conflicts resulting from the flourishing international trade have occurred. After the Paris Convention, more attention has been paid to protect intellectual property. Traditionally, the intellectual property rights need to be registered which are subject to the influence of territoriality principle. However, whether trademark on the internet needs to be registered or not needs to be further considered and discussed. The internet represents a virtual world in which people conduct a variety of acts in parallel to the reality through the channel. As a result, the internet has both features of “virtual” and “reality.” Because of the dual characteristics of the internet, traditional trading patterns have been greatly changed; that is, transactions are done through instant messages and infringement occurs immediately, which greatly influence the traditional law. As a result, the thesis focuses on discussing the trademark law infringement on the internet. Another focus of the thesis is on introducing and comparing the management of internet in the United Stated, serving as a basis in observing related problems in Taiwan. Finally, the thesis offers related insights.

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37

Liaw, Yan Ling, and 廖彥綾. "Secondary Liability for Well-Known Trademark Infringement of Online Marketplace Platforms." Thesis, 2016. http://ndltd.ncl.edu.tw/handle/33826481755209361877.

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碩士
國立清華大學
科技法律研究所
104
Nowadays, it becomes an inseparable life habit for people to shop online for the reasons that the blooming development of Internet, the widespread use of smartphones and the conveniences and the character that no region restrictions of online shopping. Even before online shopping flourished, the traditional marketplace struggled with trademark counterfeiting, but after online shopping became mainstream, counterfeit trademarks exploded. Currently, government can’t figure out how to solve the problem, the registered trademark owners can’t fight for their rights, and consumers suffer a great loss. When selling counterfeit goods, there is no doubt that the tortfeasor should be responsible for the direct trademark infringement. It’s not settled, however, as to whether the online marketplace platform the trademark violator uses should be responsible for secondary trademark infringement when it played an active role in the promotion or sale of the goods. Since there is no existing legislation in Taiwan defining online marketplace platform secondary trademark infringement, one has to look to legal theories and precedents in US, European Union （EU）, and Chinese law. Generally, laws and regulations in the United States and China focus on business interests and tend to protect the online marketplace platform, while the European Union focuses on the protection of trademark rights. Overall, the United States and China’s legal stance towards secondary liability of the online marketplace platform for trademark infringement conflicts with the EU’s position. Can judges, however, use direct infringement and deemed infringement analysis under the Trademark Act, contributory infringement under the Civil Code, and limitations on liability for Internet service providers under the Copyright Act, to determine online marketplace platform regulation? Of the referenced legal frameworks, only online marketplace platforms playing an active role in the promotion or sale of goods that have a contract for intermediary brokerage with the seller fall under contributory infringement; other cases are not covered. E-commerce is an important development trend in future markets. Therefore, the Trademark Act should set forth relevant regulations like legal definitions, responsibility, and related exemptions for online marketplace platforms. But before amending the law, if contributory infringement of the online marketplace platform is established, the second paragraph of article 185 of the Civil Code should apply secondary liability to the online marketplace platform for trademark infringement. Still, judges should refer to EU judicial opinions to analyze how deep the online marketplace platform was involved in the transaction between the buyer and the seller. If the online marketplace platform charges a final value fee or helps the seller improve the visibility of the merchandise, which highly influence both sides of the transaction, the online marketplace platform should be liable.

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38

HSIAO, FEI-YUN, and 蕭斐云. "Research on Criminal Liability of Trademark Infringement in China and Taiwan." Thesis, 2016. http://ndltd.ncl.edu.tw/handle/61638867752996286892.

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39

Shu-Ju, HUANG, and 黃淑如. "A Study on the Calculation of Amount for Trademark Infringement Damage." Thesis, 2017. http://ndltd.ncl.edu.tw/handle/6w3ds2.

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碩士
國立雲林科技大學
科技法律研究所
105
The trademark law grants the trademark owner to have the exclusive right of trademark use.If the trademark is infringed by others, the owner is entitled to claim the termination of infringement and the compensation for damage. According to the current trademark law enforced in Taiwan, the calculation methods of the compensation for damage includes principles such as the specific damage, the loss suffered by the trademark owner, the profit earned by the infringer, the unlawful revenue, the multiple times of the retail price per unit (a.k.a. the statutory compensation), and the possible royalties, etc. At present, the statutory compensation is mostly adopted in actual practices. However, according to the amended trademark law passed on June 29th2012, there are three amendments regarding the compensation for damage: a) the lowest limit of multiplying the retail price per unit to 500 times is eliminated; b) the regulation forcompensation for damagingthe goodwill is eliminated; and c) the calculated method for the adequate royalty is added. Moreover, the judges may have different realizations while dealing with the infringement damage, so that the discretion amount of the compensationwould be entirely determined by the judge’s free evidence, such condition may give the judge a greater freedom for discretion which may affect the justice and the equality of law. When the trademark owner is unable of prove the actual damage, the fair compensation could not be given, so that the infringing act may be unfairly encouraged. As such, whether a certain basis being established while determining the compensation for damage shall be further considered.

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40

Su, Yueh-Hsing, and 蘇月星. "A Comparative Study on Trademark Infringement Liability of Online Auction House." Thesis, 2011. http://ndltd.ncl.edu.tw/handle/98948722123832588817.

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碩士
東吳大學
法律學系
99
With the rise of the Internet, trademark owners have found a large amount of trademark infringing products listed for sale on online auction houses' websites. Trademark owners have demanded that these online auction houses help protect their trademarks and prevent the sale of trademark infringing products. Trademark infringement on these websites, however, remains rampant, even with online auction houses' assistance in removing trademark infringing listings. Viewing that the cost for an individual trademark holder to police the Internet for infringement is enormous, trademark owners looking for an effective solution for online trademark infringement and seek to hold online auction houses liable for contributory trademark infringement. In Tiffany (NJ) Inc. v. eBay, Inc., an U.S. appellate court, through its finding that specific knowledge is required for contributory trademark infringement liability, held that the trademark owner ultimately bears the burden of protecting its trademark on online auction houses' websites. However, in LVMH v. eBay, a French appellate court held, under a theory of tort law, that online auction houses are liable to trademark owners if the online auction houses fail to prevent any trademark infringing sale on their websites. Therefore, in France, online auction houses are responsible for protecting the trademark owners' trademarks. For the time being, neither provisions nor solid cases involving the secondary liability for trademark infringement exist in our country. In case that one day stipulating relevant regulations on online auction houses’ trademark infringement is needed, the limitations on liability for ISP enacted in Copyright Act could be a good and effective reference. This thesis begins by reviewing the relation between online auction and the trademark infringement, and introducing the nature of online auction and the categories of the trademark infringement. Then the following two parts review the doctrines of secondary liability for trademark infringement. Specifically, the first part illustrates how American courts have used common law secondary liability principles in cases involving trademark infringement. The second part discusses the cases on Tiffany (NJ) Inc. v. eBay, Inc.of the U.S.A. and on LVMH v. eBay of France and compares the fundamental differences between the two cases. Lastly, the final part examines whether or not adopting a statutory solution similar to the Digital Millennium Copyright Act (DMCA) safe harbor provisions to protect online auction houses from trademark infringement claims is appropriate in Taiwan.

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41

Peng, Shu-Mei, and 彭淑美. "A Study of Trademark Infringement on the Internet－Focusing on Keyword Advertising." Thesis, 2014. http://ndltd.ncl.edu.tw/handle/wztf47.

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碩士
國立臺北科技大學
智慧財產權研究所
102
Over the last decade, disputes on trademark infringement regarding the use of third party trademarks as keywords to trigger internet advertising were highly common. The most controversial issues were “Trademark Use” and “Likelihood of Confusion.” This article aims to compare the statutes of trademark infringement by analyzing cases of keyword advertising in the US, EU and Taiwan. It also summarizes the courts’ interpretation and opinion of Trademark Use and Likelihood of Confusion in the virtual world of the internet. A comparison of case studies in the US and the EU is then made to analyze trademark infringement legal issues arisen from keyword advertising, such as trademark use doctrine, initial interest confusion, search engine operator’s indirect liability for trademark infringement, the defense of fair use, and such. This article concludes with possible explanations of relevant legal issues under Trademark Act, Fair Trade Act, and Civil Code in Taiwan, and examines whether it is sufficient to rule the inadequate use of third party trademarks as keyword advertising in Taiwan. Finally, this article will provide recommendations for our current trademark protection policy to get the best balance of interests for trademark owners’ protection and the public’s reasonable use of information.

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42

Liu, Wen-Chuan, and 劉玟蠲. "A Comparative Study on the Damage Assessment of Well-Known Trademark Infringement." Thesis, 2014. http://ndltd.ncl.edu.tw/handle/mdm34e.

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碩士
國立臺北科技大學
智慧財產權研究所
102
Trademark is a kind of exclusive right. What is being noted is that the management of a well-known trademark requires the trademark right holder to put in long-term capital and efforts, and makes itself own value of business reputation in the market. Therefore, when the rights of a well-known trademark are infringed, the major points of dispute in a lawsuit will be how to recognize and calculate damages. Traditionally speaking, the calculation methods of damages in the trademark infringement consist of infringer’s profits, losses suffered by the owner, the maximum number of 1500 times of the unit retail price, and possible royalties; among these, the maximum number of 1500 times of the unit retail price is the major calculation principle in the judicial practice. However, the amended law enforced in 2012 has deleted the lowest limit of multiplying amount in the damages of the maximum number of 1500 times of the unit retail price. Since there are no identical factors of discretion to be interpreted and to make a verdict accordingly, its application still comes with plenty of doubts. In the beginning, this thesis explores the differences of the calculation standard in damages between the past law and the amended law, both of which are ruled in Taiwan; meanwhile, the burden of proof in practice is also supplemented to explain furthermore. In addition, the thesis reviews the appropriateness of the calculation standard in damages with the amended law in practice in Taiwan, by comparing the judging factors and principles from the different cases of the legal system and the practical cases in the United States, China and Japan. After analyzing the current theories and practical cases from these countries, this thesis attempts to provide some suggestions and the direction of amending, and also hopes that it will be a good reference to the calculation standard of damages when a well-known trademark is infringed.

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43

Fan, Jr-Da, and 范智達. "The Study on the Factors of Preliminary Injunction in Trademark Infringement Cases." Thesis, 2012. http://ndltd.ncl.edu.tw/handle/85288783435020680228.

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碩士
國立交通大學
管理學院科技法律學程
100
In eBay v. MercExchange (2006), the U.S. Supreme Court held that courts must apply the traditional four factor test for injunctive relief in every case. These “principles of equity” required courts to employ the traditional four factor test under which the plaintiff must demonstrate (1) a likelihood of success of the merits; (2) the existence of irreparable harm; (3) that the balance of hardships tilts in favor of injunctive relief; and (4) that granting an injunction would not harm the public interest. But when assessing whether a particular instance of trademark infringement resulted in “irreparable harm” U.S. federal courts almost uniformly presumed such irreparable harm upon a finding a likelihood of confusion. In fact, eBay should not be used to eviscerate the normal presumption of irreparable harm that attaches upon a showing of liability in trademark cases. Trademark law is a form of consumer and competitor protection that is designed to efficiently indicate the source of a product or service and to avoid confusion. Because the representation of public interest in trademark protection rests on a different protection rationale than that patent and copyrights laws, courts should not hastily import the Supreme Court precedent concerns into trademark realm. In all of these post-eBay trademark cases, irreparable harm was found based on assertion about the goodwill associated with a mark, the amount of money invested in that goodwill, and the harm to that goodwill resulting from the association of a mark with an inferior good or service. These are the central characteristics of trademark infringement, rendering the courts’ analyses both circular and ultimately unnecessary. If a likelihood of confusion is almost irreparable by definition, it appears that an explicit analysis of irreparable harm is not only redundant, but is also inefficient in that it forces plaintiffs to expend additional resources to prove actual irreparable harm. In our country when granting or denying preliminary injunction of trademark infringement cases, the plaintiff often provide a preliminary showing with regard to the existence of legal relation and trademark infringement documentary evidence , not actively providing the existence of irreparable harm, that the balance of hardships tilts in favor of injunctive relief and that an injunction is in the public interest. The court reviewing an application for preliminary injunction deliberate on the likelihood of success on the merits as the most important consideration. Compared with patent and copyright cases of the discretion of the preliminary injunction, the court mainly deliberate on the likelihood of success and the existence of irreparable harm as the most important factor. It is clear in intellectual property cases, especially in trademark cases on the set of preliminary injunction claim does not require the plaintiff the burden of all factors of trial discretion in Taiwan. Because these harms to producers and consumers stemming from a likelihood of consumer confusion are not merely monetary in nature, but they are reputational and difficult to quantify. The plaintiff do not need to spend additional resources to prove that other factors other than “a likelihood of success on the merits”.

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44

Lai, Jingji, and 賴靖基. "To Study the Liability of Online Shopping Platform Providers on Trademark Infringement." Thesis, 2012. http://ndltd.ncl.edu.tw/handle/48960672862438840656.

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碩士
國立中正大學
財經法律學研究所
100
Due to the popularity of the Internet, more and more people use it to meet their daily needs, such as shopping online. Online shopping platform providers give some network spaces to their users, allowing them to trade goods conveniently, however, the advantage also makes trademark counterfeits increase significantly, and it raises a dispute that whether the platform providers are liable for the trademark infringement. 　　In 2004, Tiffany & Co., the luxury jewelry company, filed a lawsuit against eBay (the online auction website) in the United States, alleging eBay was liable for infringing Tiffany’s trademark because it gained profits from the infringement and its measures to protect trademarks are inefficient. The eBay court applied the Inwood rule, as to the rule, a manufacturer or distributor was contributorially responsible for infringement when it intentionally induced another to infringe a trademark, or it continued to supply its product to one whom it knew or had reason to know was engaging in trademark infringement. Since eBay took appropriate steps to remove listings and suspend service when possessed the knowledge, it should not be liable. 　　Though there is no similar case in our country, there are judicial decisions relating to the department store. When a department store signs contracts with its counter owners, it needs to make sure the owners sell the genuine products, in doing so, it may relieve liability. However, the department store must take action to stop the infringement, when notified by the trademark owners. 　　Legislation is necessary so as to clarify the rights and obligations of online shopping platform providers. The Inwood rule and our judicial holdings may be good references. While deciding the liability of platform providers, some factors should be taken into consideration, for example, whether the providers (1)stay neutral during the trading, (2)gaining profits from the infringement, and (3)have knowledge of the infringement, in addition, how is their control ability. Furthermore, We may also adopt the safe harbor clauses into trademark law, providing adequate protection for all ISPs, including online shopping platform providers.

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45

CHAO-MING, PENG, and 彭兆民. "Research of Trademark Infringement in China & Taiwan-Nand Flash Card as Topic." Thesis, 2007. http://ndltd.ncl.edu.tw/handle/57908943673171480404.

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46

LIN, YI-CHUN, and 林益諄. "Research for the legal issues of food trademark infringement involved geographical indications in Mainland." Thesis, 2012. http://ndltd.ncl.edu.tw/handle/19521569654271735453.

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碩士
國立臺灣海洋大學
海洋法律研究所
100
Abstract A trademark is to guarantee recognition of our own business within the production, manufacture, processing, and distribution. In addition to patterns, that is sufficient to enable consumers to easily distinguish. China and Taiwan have joined World Trade Organization (WTO) and accepted an examination of membership regulations. In order to fulfill TRIPS that related to protected obligations, the trademarks of the purposes of section 72 was amended to update the certificate of origin mark on November 28, 2003 after Taiwan accessed to WTO. Although mainland China is the world's largest Chinese market and mainland China also shares the same history, culture and language of the origin with Taiwan, both of which have been TRIPS as a blueprint for amendments to the Trademark Law and Trademark Law Enforcement Ordinance. Since China and Taiwan have governed cross-over 50 years, the lifestyle of people living both countries has facing the most immediate problem, counterfeiting, and trademark infringement, and it is the biggest barrier of development. Due to the background and policy differences, it eventually leads to the difference of legislations. This article gives readers a holistic outline of cross-strait trademarks regime by comparing several general directions. “Ikega Rice” is the earliest pattern to apply the certification pattern protector with the nature of geographical indications in Taiwan. The first case of geographical indications and trademark disputation is "Jinhua Ham". Due to geographical indications and trademarks divided equally by the Intermediate People's Court accepted the case and resolved, that is very typical and representative. Therefore, the handling of the case has geographical indications and proactive meaning. The author believes that food manufactures, not only have to control the quality of food strictly, but also have to pay more attention on origin labeling and trademark infringement. For example, if the “Origin” can be registered as pattern or trademark? Intellectual property rights are belonging to territorial protection principle. Whether or not a trademark should be protected especially trademark recognition, the legitimacy of trademark protection, violation of public order and good morals, or well-known trademark identification. Author also believes not only considering objective-specific evidence but also considering local laws, customs, habits, culture, consumer awareness and other factors appropriately in order to determine it. This thesis wants to clarify the standard of mainland China and Taiwan that are similar and well-defined Gis by organizing related trademark infringement cases between mainland China and Taiwan. This will be a key and very important part to promote the development of cross-strait trade and raise revenue of citizens.

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47

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
國立雲林科技大學
科技法律研究所
106
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 October 2017. Xi Jinping, General Secretary of the CPC Central Committee, delivered a nearly three-and-a-half-hour work report on “Secure a Decisive Victory in Building a Moderately Prosperous Society in All Respects and Strive for the Great Success of Socialism with Chinese Characteristics for a New Era”, in which “Thought on Socialism with Chinese Characteristics for a New Era” is written into the Party Constitution for the first time along with “Marxism-Leninism, Mao Zedong Thought, and Deng Xiaoping Theory, the Theory of Three Represents and the Scientific Outlook on Development” as its guiding ideologies, and the Party continues to push ahead with “anti-corruption, deepening reform, advancing the rule of law and strictly governing the Party”. In view of the increasingly frequent economic and trade exchanges between the two sides of the Taiwan Strait, the protection of intellectual property rights of Taiwan businessmen in mainland China is becoming more and more important. At the Fifth Chen-Chiang summit on June 29, 2010, the Straits Exchange Foundation and the Association for Relations Across the Taiwan Straits signed the “Cross-Straits Economic Cooperation Framework Agreement” (ECFA) and the “Cross-Strait Agreement on Intellectual Property Right Protection and Cooperation” in order to safeguard the intellectual property rights of Taiwanese people applying for patents and trademarks, etc. in the mainland and to provide a quick gateway to relief for solving the infringement of related rights. This article will discuss the legal system of trademark protection in mainland China, and the gateway under the current system to dealing with the cross-straits trademark infringement disputes and encountered problems, and finally review the implementation effect of the “trademark coordination and handling mechanism” under the Cross-Strait Agreement on Intellectual Property Right Protection and Cooperation to see whether Cross-Straits trademark infringement disputes can be effectively resolved by taking actual cases of trademark infringement disputes in mainland China － well-known trademarks and trademark protection as the object of study, and suggestions will be offered. Keywords: Cross-Straits legal system trademark, well-known trademark, intellectual property, intellectual property right, trademark protection, trademark infringement, settlement of disputes, coordination and handling mechanism, Cross-Strait Agreement on Intellectual Property Right Protection and Cooperation, Cross-Strait Service Trade Agreement, and ECFA.

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48

LI, KUAN-HSUAN, and 李冠璇. "A Study on the Concurrence of Copyright and Trademark Right– Focused on Image Infringement." Thesis, 2018. http://ndltd.ncl.edu.tw/handle/7u8d43.

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碩士
中國文化大學
法律學系
107
The birth of intellectual property rights in our country is to strengthen the protection and encourage the creation and invention of the obligee, and it includes the following laws and regulations, namely: copyright law, patent law, trademark law, optical disc management regulations, business secret law, integrated circuit circuit-layout protection law, plant varieties and seedling methods, fair trade law, and so on. Different functions of the inventions and rights have different means of protection in the copyright, trademark and patent rights in the current major laws and regulations, and the public also often takes it that this law protects their own rights, but how does it protect the rights? For the sake of what causes the destruction or for the sake of the conditions in which to continue? In addition, there have been arguments that the competition between trademark rights and copyright arises because the majority of rights holders would like to use this to obtain a longer period of rights in order to maintain their own rights. Therefore, it is possible that there will be competition between protected copyrights in this situation. The situation of co-opetition usually exists in writings whose protection period is about to expire and is about to become public property. Similar cases often appear in the form of trademark applications or other uses of the work for which the application was passed. The more famous the work is, the more types of trademarks, and their types of infringement will become more diversified. How to create a new brand and how to make it sustainable and protected has become an issue that we cannot ignore. Therefore, this article intends to use the viewpoint of the competing rights of copyright and trademark rights as the starting point, discussing the copyright infringement of the works as the central part, in order to investigate whether the right holder has been damaged in such circumstances, first introducing the essence of copyright and trademark rights and their protection elements, and then gradually the rights of the two periods and the acquisition and elimination of some in-depth analysis, trying to organize the relevant literature of the past as well as use search-related judgments from the empirical study of superficial views, thereby looking forward to an order that will advance the previous insights, expecting that it can have a new orientation for the development of intellectual property rights in Taiwan.

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49

Shu, Jing-hua, and 許菁樺. "Trademark infringement under Lanham Act-To research primarily that the keyword uses in internet." Thesis, 2009. http://ndltd.ncl.edu.tw/handle/47213011424879952589.

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碩士
國立中正大學
財法所
97
The development of Word Wide Web brings us more convenience, but it also causes some disadvantages like the new trademark infringement. The Internet provides people more information and knowledge, but we can’t find out what we need without the right direct. That’s why the search engine is made for helping people to find what they need by search the keyword. The keyword is necessary to find out right information from huge resource of Internet, but it also results in the illegal use of keyword (or trademark) to attract user. First, put others’ trademark in MetaTags. Second, internet advertisement. The internet advertisement includes keyword advertisement and pop-up advertisement. Keyword advertisement is that the third party purchases others’ trademarks from search engine providers, when consumer searches trademark that the third party’s advertisement will appear. Pop-up advertisement is advertising agency uses spy software to record consumer’s habit, web page’s keyword to deliver advertisement. As to U.S. judicial decisions, the court in the Brookfield case found that to use others trademark in the Meta Tags was trademark infringement on the basis of initial interest confusion. In the Playboy case where the search engine provider sold others’ trademark to promote advertisement, the court also found it as trademark infringement. But in the WhenU case, the court found that WhenU’s behavior didn’t conform with the meaning of use in the Lanham Act. It wasn’t trademark infringement. Under our trademark law, the issues as to whether the keyword use in the internet conform with the meaning of trademark use, and, whether consumer’s likelihood of confusion established at the point of sale, should be solved. The internet trademark infringement shall be prohibited. The application of Article sixth should be extended to the above activities. In the case of initial interest confusion, there are different view points about it, but it is absolutely that the users will spend a lot of time to search the product they need.

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50

Fan, Jr-Da, and 范智達. "The Study on the the Infringer’s Profits and the Reasonable Royalty in Trademark Infringement Cases." Thesis, 2019. http://ndltd.ncl.edu.tw/handle/w86rjh.

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博士
國立交通大學
科技法律研究所
107
A trademark holder who brought an action at law for damages could seek to recover an accounting of the infringer’s profits as a surrogate measure of the trademark holder’s own injury for lost profits on diverted sales. By "compensating" the loss of the trademark holder as the theoretical basis of an accounting of the infringer’s profits, it is impossible to fully estimate all the damage that the trademarks holder may suffer. Monetary relief was designed originally to compensate for the trademark holder’s losses where the infringer competed with the trademark holder. Monetary relief now also serves the rationales of deterrence and preventing unjust enrichment, rationales that are not limited to contexts in which the infringer competes with the trademark holder. Once used only in limited contexts as a surrogate for profits on sales that a competing infringer diverted from the trademark holder, an accounting is now used in expanded contexts to deter infringement and prevent unjust enrichment. The monetary relief considerations for the infringer’s profits of trademark infringement cases in Taiwan should also be extended to the purpose of deterrence infringement and preventing unjust enrichment in order to examine the reasonable amount of monetary relief. A trademark holder suing at law was entitled to recover for all harm suffered due to the defendant’s infringement. The evidence could support an award based on harm to the plaintiff for, including an established royalty, or information that might establish a reasonable royalty. The IP court in Taiwan considers that the plaintiff who seek for a remedy at law using a reasonable royalty must have to prove an established royalty damage figure where the value of a trademark had been set through a series of existing licenses, which is established royalty rates. The court cannot refuse the plaintiff's request for monetary relief based on reasonable royalty because the plaintiff cannot submit relevant evidence to prove that it was actually charged from established royalty rates. Under the comprehensive consideration of the compensation function and the requirements of deterrence infringement and preventing unjust enrichment, it is necessary to propose a reasonable calculation formula which is objectively trustworthy and can alleviate the plaintiff's the burden of evidence. The formula for calculating the reasonable royalty for the economic litigation should increase the reasonable royalty opportunity for monetary relief. Courts should allow the use of a viable method or formula to calculate a reasonable royalty in trademark infringement cases because, if properly used, the viable method or formula just like NBS adequately applies the facts of each specific case, is grounded in sound, unmanipulable economic theory, and is more impartial than the Georgia-Pacific analysis. A proper application of the viable method or formula may takes into account the relative bargaining positions of both parties, and adjusts the royalty rate accordingly.

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Dissertations / Theses on the topic 'Trademark infringements'

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