Trademark Essays

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

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

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

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

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

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

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

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

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

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

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

trademarks, service marks, and commercial names and designations; protection against unfair competition; and 7. “all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields.” Intellectual property can be

given to works under federal or state law. It is usually given to works that are copyrightable, new discoveries and invention. Usually, assets that are going to be protected are non-physical. The four types of intellectual property are Copyright, Trademarks, Patents and Trade Secret. Intellectual property has a given set of time of expiry date to encourage further innovation. Copyright and patent usually are not enjoyable for too long while, handled at the state level under the Uniform Trade Secrets

needed for the spokesperson endorsement, tour sponsorship, and a product named after Flambo, Buzzy will need to Flambo 's publicity, name and likeness rights, copyright of his photos. They may need to clarify the trademark license and logo usage with Flambo, even though that the trademark seems to not be registered for alcohol drink products. Copyright of Flambo 's music may be needed if Buzzy wishes to use it for advertising the drink or the tour. 2. Use the 7 aspects of scope and the 4 Cs to address

The trademark infringement law states; [a]ny person who shall, without the consent of the registrant-(a) use in commerce any reproduction, counterfeit, copy, or colorable imitation of a registered mark in connection with the sale, offering for sale, distribution

This week, I was able to delve into the complexities of real, personal, and intellectual property. I read Chapters Eight and Nine of The Legal and Ethical Environment of Business by Lau and Johnson, which gave me a comprehensive understanding of these concepts. In Chapter Eight, I learned about real property, which refers to land, buildings, and other permanent structures, and personal property, which refers to movable objects such as jewelry, furniture, and other personal belongings. I found this

Intellectual property is one of the most challenging and prolific subjects of all legal matter. In general, Intellectual property is made up of four separate fields of law: trademarks, copyrights, patents, and trade secrets. More specifically, the United States has a long history of dealing with issues of copyright laws. America has been deliberating on issues concerning copyright law since the birth of the constitution in 1787, when James Madison requested that a provision be added to the constitution

Under the Lanham Act, a business has the right to market a product using a distinctive word, mark, slogan, etc. as long as its logo is a registered trademark. Section 43(a) of the Lanham Act protects trade dress, a guard to protect the design and shape of a particular product. However, it is important to note that this only protects against the copying of a design that is distinctive. In order for a product to be distinctive it must be inherently distinctive or have an acquired distinctiveness. In

Purpose of IP Rights for business In today's competitive environment, innovation is the mainstay for every business that leads to development of intellectual property. Identifying, developing, and leveraging innovation provides competitive edge and aids in long term success of the company. Intellectual property is not limited to technology companies, but is valuable for every business which invests huge sums in research and development for creating indigenous products and services. A company should

INTRODUCTION Now with the copyright law, Copyright Act, Chapter 63 established on 1987 with the new revised version on 2006, any author who creates their own original works automatically has the privilege to have copyright protection. Original works means works that are created with own effort and through processes of developed ideas and their whole new way to express their ideas in their final product. Not only are the works protected in their own country but also countries that signed the international