Trademark infringement Essays

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

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

“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.

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

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

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

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 manufacturer’s more expensive product, allowing the buyer to acquire the prestige of owning what appears to be the more expensive product, there is infringement”. In reference

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

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

learn of many ethical issues that may arise in relation to intellectual property. Some of these ethical issues come from the fair use doctrine, adverse possession, and patent trolls. The case of Basin Books, Inc. v. Kinko’s relates a copyright infringement, where Kinko’s tried to use the fair use doctrine, but was not given this right due to the four factors not weighing in favor of Kinko’s. The importance of protecting intellectual property weighs heavy on the growth of our economy and in numerous

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

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

actually selling products incorrectly labeled as "Gucci," Gucci hired an investigator to buy products from Wang Huoqing's website. Once enough evidence was gathered to verify the accusations, Gucci filed a lawsuit against Wang Huoqing for trademark infringement with a California federal district court. As Wang Huoqing failed to appear in court, the court was warranted to issue a default judgment. Because Wang Huoqing was a resident of China, however, the court had to determine whether or not it had

1A) Intellectual property refers to creation of mind, which includes new inventions, outlines; and images, names and pictures utilized as a part of trade. Intellectual property by law, for example, copyright ,patents and trademarks, which gives people recognition for what they have done and finical benefits of what they produce. These rights are laid in article 27 of the Universal declaration of Human right , which provides right to profit the protection of materials ,literary or artistic productions

identify the technology and exploit it further for licensing purposes. A detailed patent analysis helps to identify the organizations patenting in the field of technology, and thus identify opportunities for out-licensing the technology and potential infringement issues. Building a strong patent portfolio An IP portfolio can act as a shield and sword. A strong IP portfolio helps in protecting company's innovations to drive long term revenues and improve market position. Safeguarding intellectual property

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

liable under an agency theory. Likewise, under copy right law, Contributory liability for copyright infringement requires that the secondary infringer know or have reason to know of direct infringement. A &M Records Inc. v. Napster, Inc., 239 F.3d 1004 (9th Cir. 2001) Does it matter that Keith’s intent was only to conceal his soft- rock proclivities and not the infringement?

In the aftermath of the 2008 Melamine Milk Crisis in China, there were some interesting facts and consequences that came to light. China also continued to have issues over this scandal in 2010 (China’s melamine, 2010). One of the larger issues revealed, was that the practice of contaminating milk with melamine was not limited to just the Sanlu Group. In fact, it was a fairly regular practice nation-wide as China is the number one manufacture of melamine and shares close relationships with the

Now we will move on to discuss each scenario in detail to determine which member has the respective works copyright, starting with the Communart’s manifesto, entitled ‘Manifesto of the Desperate: Finding the Good Life in a Ruthless World’. The members involved in the project of the manifesto are Al, Bill, Cal and Dina. Seeing as their written manifesto is in the process of a possible publishing deal, they each would like to have claim of copyright over the manifesto. The manifesto will be a literary

Individual Response Memo #2 Protecting the value of a company is crucial to its success, especially as a start-up business. Given that intellectual property constitutes a hefty portion of a company’s value, it is paramount to take the right course of action to attain the utmost protection, and avoid unnecessary mistakes to be several steps ahead in industries. IDS as a company in the technological industry must go above and beyond to seek the right intellectual property protection as such an innovative