Genericized trademark

You are sure to see it just about everywhere. People all over the place wear hoodies that have customized logos on them. Sometimes they’re for favorite bands or schools. But, most often, they are emblazoned with customized logos of various companies. Many of them are well known national businesses but others are simply small, local businesses that are trying to get their name out into the general consciousness. If you own a business, you should consider creating customized hoodies for it. Take a…

Prac Statement: Folio 1 My brief required me to create a contemporary gym/fitness brand that inspired people to become healthy and live a healthy lifestyle. As I recently completed my personal training certificate I wanted to use the knowledge I gained from it to create an effective and easily recognisable logo that I would inspire people to become fitter and healthier. I wanted to create a logo that was simple, easily recognisable and appealed to my target audience. I needed to apply the logo…

Brief Two is to promote an artist in a band in a positive light that has not yet been signed to a record label. The artist has been managing their own promotion strategies mainly through social networking, compromising of websites such as Facebook, YouTube, Twitter and Instagram. The artist will need to belong to a definitive genre; I have chosen R&B. I have chosen this genre in contrast to other genres as R&B has similar characteristics of Hip-Hop yet introduces soul, depth and edge. My artist…

Myth 4: “TPP is a secret backdoor for a parade of horrible (and TPA lets that happen)!” This myth is simply not true. May politicians and other political anti TPP groups have perpetrated this rumor. One of the largest perpetrators of this myth are claims such as ‘’that TPA will permit President Obama to by pass congress and use the TPP as a backdoor to, among other things, lawlessly expand immigrations, curtail gun rights, or restrict internet freedom.” However ridiculous the claims the fact…

A licensing agreement is a contract between two parties that grants the licensee the right to produce and sell a product using the brand name owned by the licensor (Pride, Hughes & Kapoor 2015, p. 81). There are a number of points to consider before licensing to another company. Firstly, Gaeter’s is a successful family business that takes pride in its brand of ice cream and credits the long lasting success of the business to product quality. Additionally, the process to manufacture Graeter’s ice…

Copyright, according to Dictionary.com, is identified as "the legal right granted to an author, a composer, a playwright, a publisher, or a distributor to exclusive publication, production, sale, or distribution of a literary, musical, dramatic, or artistic work." A set Assortment of ethereal rights acknowledged by the statute to the author, creator and or originator of specific literary or artistic work, sometimes limited for a certain time period.The privilege is deposed to the creator…

The notion of intellectual property rights being subjected to uniform laws is a compelling argument, but I don’t think it is a realistic one. It sounds like an ideal situation where no matter what country you are in, you know what to expect. Honestly, I think it might be impossible or at least would take years to successfully carry out. There are too many differences in the laws across the nation and some countries may have to change their current laws to comply with uniform laws causing more…

Wal-Mart Stores v. Samara Brothers is a U.S. Supreme Court case which focuses on trademark infringement. It questions whether an unregistered product’s design is protected by law. Section 43(a) of the Trademark Act of 1946 (Lanham Act), provides a provision which protects unregistered marks against confusion and such. 15 U.S.C. § 1125(a). While the statute does not require “distinctiveness” of the mark to be shown, case law universally does. Wal-Mart Stores, Inc. v. Samara Brothers, Inc.,…

producing a product that looks extremely similar to PR’s GoldenFish, there is a case for infringement because of likelihood of confusion. Likelihood of confusion exists when the goods produced by the infringer compete for sales with those of the trademark owner. Infringement will be found if the marks are sufficiently similar that confusion can be expected. Under the Sleekcraft decision, there are eight factors to examine when comparing the two designs to determine whether likelihood of…

49350 - Yourbrandsucks.com: Gripe Sites and Trademark or Copyright Infringement Complaining and poking fun seem to be a way of life for many. And, this passion of complaint and satire birth gripe sites across the web. The resulting mix produces foggy legal understandings and ramifications. Finding clarity through key cases helps resolve some of the gray. A working definition of such websites, according to Leonard Goodman of Kassel, Brock & Blackwell, LLP, states that a gripe site criticizes…