Trademark Infringement Essay

Trademark rights can be acquired by being the first to put the mark to use in commerce

While a trademark cannot be infringed upon at any time, if a trade secret is obtained through legal means it is no longer protected from use. With a patent, third parties are prevented from making, using or selling the invention thus protecting the funds used in the research and development (R & D)effort. This initial investment can be recovered and if the product is desirable, business success is realized for the property owner.

One of the most common, yet controversial, issues of First Amendment law is the subject of copyright and infringement. Although the subject may not seem major at first, many different issues and controversies have risen and become more common than ever over the years. The issues that have become pertinent to this subject are endless, including trademark infringement, piracy, theft, fraud, plagiarism, and many more. With the coming of age and advancement of technology, these cases have become more common and appear more often than ever before. Government officials have always been strict about copyright rulings, and have tried to deliver fair and just rulings for both parties involved under First Amendment rules. Because the owner’s work and material is protected under the First Amendment, it gets tricky when involving another party that can claim the same work of art. In short, the definition of copyright has always been cut and dry: allowing owners of creative works the right to control and profit from their creations. It is basically recognized as a form of property ownership.

For a long time we have strived to protect what we have made from the hands of those who steal. Nowadays we have a huge problem with infringement and that is due

statement of fact when it is made by one who knows best as it carries

A trademark protects well-known brand logos and helps differentiate them from similar products or services. When you register for a trademark, you are entitled to display the ® symbol (registered trade mark). If you are registered for this, others must request permission If they wish to use your brand. If permission is not requested, legal action can be

This case study touches on many topics within licensing but the three most dominant aspects within the Warnaco Group vs. Calvin Klein suit are the agreements and understandings discussed with a contract, the rights to a trademark and the rights of both the licensor and the licensee. While briefing this case study one can not help but notice, stated on page 21, the agreements that are displayed in exhibit 1: Excerpts from Calvin Klein Jeanswear Licensing Agreement. Here it is clear that the agreement, signed by BOTH parties, states that Warnaco agrees to maximize the quantity of Articles sold, and will be consistent with CKI’s past practices. One can assume, that due to the prolonged history between the two parties this includes Costco, Sam’s Club and BJs store, which alone were held responsible for 150 million dollars in warehouse sales, just one year prior to the filing of the lawsuit. It is also important to point out that this licensing agreement is not with CKI as the owner, it is in fact a licensing agreement with the CK Trademark Trust being the beneficial owner to ALL rights, titles and interest in or to the Licensed Mark. The licensing agreement then continues to state that “Warnaco controls any such act or thing which may cause any affect to the Trust.” With the understanding of licensing,

Jain, S. C., & Bird, R. (2008). The Global Challenge of Intellectual Property Rights. Cheltenham, UK: Edward Elgar.

We live in a world surrounded by brands. They are so prominent that people nowadays have an easier time recognizing brands because of their trademarks (commonly known as logos) than types of plants or trees. To the common eye, a trademark may seem simple or even an easy design, but not everyone can design a successful “logo”. There are certain guidelines that need to be followed, but the most basic and important function that a trademark needs, is the ability to speak several languages. At the end of the day, it is a symbol that needs to be able to cross language barriers, not only because it will create a brand consistency but it will give it the power to compete globally. However, a successful logo will always follow

According the case study article The information Economy, “enforcing property rights is costly, and this diminishes the incentive to create new products and new ideas.” Basically, once someone access to something, pirated videos, music, and computer games and software can be shared online. The US copyright Group go after IP addresses that do illegal downloads which brings no royalties to the inventors, producers, programmers or artists no wages to industry workers and does generate taxes to the government. And being prosecuted in the U.S. is different in other countries because of different viewpoints and laws.

Lawson for their patent infringement case against Howell Jewelry. Howell Jewelry will lose the patent case because the memo will surface as an incriminating document in discovery of the lawsuit. Howell will have to abandon their new process and make arrangements for repayment of loss revenue to Greene. The public opinion in this case will side with Greene damaging the reputation of Howell’s business. Howell should resolve the patent infringement before going to court. The number of patent application is growing steadily,1 and we can easily hear the news of patent wars in global business, such as “Apple vs. Samsung” and “Microsoft vs. Motorola.” Even a firm called a “patent troll” which collects patents and makes profits from the litigation against the infringement has appeared in the market. The patent holders, however, do not always win the trial; roughly a half of all litigated patents are found to be invalid.2 Furthermore, not every conflict over patent rights involves a lawsuit. In fact, a majority of the disputes are settled; some of them are resolved peacefully before they go to court, and others are settled in the middle of the trial. Given these various scenarios, it is natural to attempt to integrate a series of events regarding patent rights and to clarify the mechanism behind them.

Online piracy is commonly referred to as a threat to businesses in the creative industries. The WTO Agreement on Trade-related Aspects of Intellectual Property Rights (a.k.a. “the TRIPS” agreement) defines piracy as:

     Our assignment is to create and promote an innovative product. In developing a new product, we started with an idea generation. This is a systematic search for new-product ideas. Companies go through many ideas before they come to find some good ones. We had to do the same thing. We thought of many ideas on our own. It was more of an internal idea source as opposed to going outside of our partnership for ideas. Our first idea was a restaurant with half of it an actual restaurant and the other half an automobile tuner shop. The next idea was a new energy drink that would be less costly and better tasting. Our next idea came up when we were sitting

Such policy seems to be working with plagiarism at e.g. Universities, but in term of intellectual property the intangible aspect of the product makes it more difficult to control. Therefore stopping online piracy is easier said than done, as it would require enormous human resources from a government to track down illegal websites and taking a legal action against them leading to the closure. One case study worth following regarding this issue was on the major streaming website TV SHACK.net has been seized many times by the US government and it kept changing the domain addresses to overseas addresses as .co or .bz. The owner, 23 year old student Richard O’Dwyer from Sheffield has been charged with copyright infringement and the US Justice Department has been seeking to extradite him from the UK since May 2011 – BBC reports. Streaming itself is a grey area in many countries, i.e. Germany, where it is not perceived as downloading but has been sourced using illegal means. Compared with the legal issues and the fact that the content was stored on foreign servers the law enforcement was extremely difficult, but now it has been set an example worldwide of tackling with piracy. On entering the internet address now a video clip displays which in a humoristic educated people on what piracy is and how much a “free” movie really cost. Such attempt is one of the suggested ways in dealing with piracy through

When Haili and John registered a proprietary company or form a partnerships, there are some legal rules and regulations attached to each of the type. To face those rules and regulations appropriately, a proper consideration is required by the each party.They have to know that a proprietary company is a smaller form of a public company when a partnerships is a form of organization when two or more people gather and do a business together (Pearce 2015). Consideration from the party comes from the management of the company and the willingness to use their personal debts. When Haili and John wants to be a director of Sparkle Pty Ltd, they can form a partnerships or a proprietary company. A proprietary company is a small company under the Corporations act 2001 (Cth), thus a partnership is only bind under The Partnership Act 1985. If Haili and John wants to manage the organization and be liable for the debt that arise from the organization, they can form a partnerships. Therefore, a proprietary company is separate legal entity and the amount of each party are liable for only the number of shares they own on the company (Pearce 2015). There is another form of partnership called limited partnerships that the members can have limited liability but cannot manage on the partnership (Pearce 2015). According to Seago and Horvitz (1980), a partnerships may have a characteristics of minimum 2 or more members and each party is a liable party if the partnerships goes