Trademark infringement

policy regarding trademarks, known officially as the U.S. Trademark Law, is incredibly important to the way American society functions on a daily basis. Not only does the law encourage competitive business, but it also plays an important role in both American culture and the legal system. A trademark is some type of symbol that points “distinctly to the origin or ownership of merchandise…and [is] legally reserved for the exclusive use of the owner” (in text). Oftentimes a trademark is confused…

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.,…

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…

In the case of product design here, Nabonko is 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…

trademarked brand, which are usually very similar or identical to genuine products. This includes packaging, labelling and trademarks, to intentionally show the counterfeit product as the original product. The authors, Lai and Zaichkowsky (1999) stated that counterfeiting and piracy are the same since they are both are the reproduction of identical copies of authentic products by a trademark brand. These two terms have been used as synonyms in the literature by many authors. However, it is…

IMRO are an organisation set up to copyright the music of their members. IMRO’s role is to promote their member’s music and look after the royalties involved in the music industry. Some examples of who they represent are music publishers, composers and songwriters. Three functions of IMRO: • IMRO copyright’s the music of their members, which usually consists of a music performance. IMRO want to protect the work of their members both nationally and internationally. The money earned through…

Aside from duplicating an excerpt word by word, infringement includes any type of plagiarism, paraphrasing, or the similarity of context of a certain text, file, or composition. In the United States, copyright laws started to arise due to the introduction of the printing industry to England during the…

Industrial property rights include patents, trademark, trade secrets, industrial designs, and geographical indications. Industrial property is used for the industrial purposes. It comes in all shapes and sizes and covers a huge range of business types. Industrial properties can generally be broken down…

Explain Why Copyright Laws are Important in Today’s Business World Anonymous University of the People Phil 1404 “Ethics” Unit 4 Written Assignment Introduction In this essay, the reader will understand how a copyright serve as a form of protection that is provided by the laws of the United States. Additionally, full explanation why copying software and other resources are called piracy and intellectual property (IP) will be made known to the reader. Finally, my professional code of ethics as a…

work in some cases. For example, in the United-Kingdom, the requirement of fixation involves that idea that is not reduced into writing or into some tangible form is not copyrightable. But this theory is also used to determine if a substantial infringement occurred, because a court must consider whether it is an idea of an expression of the idea that was taken in the infringing work. For Bently and Sherman, such a theory is necessary to ‘reconcile the divergent interests of copyright owners…