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  • Determining if Trademarks are Distintive

    1538 Words  | 6 Pages

    determining whether a trademark is inherently distinctive or not, the courts have come up with certain tests. The classic test for determining a trademark’s distinctiveness was outlined in Abercrombie & Fitch Co. v. Hunting World, Inc. The Abercrombie spectrum is one of the most accepted one in trade dress cases, and is has a universal acceptance in determining trade dresses distinctiveness. The prime factors that are considered in the court are the degree to which the trademark or trade dress is generic

  • Advantages And Disadvantages Of Trademarks

    954 Words  | 4 Pages

    A trademark in simple terms is a distinctive and recognizable sign, design, or expression that helps a person to identify goods or services of a particular source from those of others. Generally, the subject matter of trademarks includes words, signs, label, heading, ticket, signature, logos, symbols or any combination of thereof so that it can be graphically represented in a static and two-dimensional manner. In recent times, the scope of trademark faces various challenges owing to the use of non-conventional

  • Defining Infringement Of Trademark Rights

    1307 Words  | 6 Pages

    2. Trademarks Trademarks will include names or marks that are associated with Snapdeal’s products and services. While trademark rights are acquired by use, registering the company’s trademark with the Indian government Intellectual Property Office will enhance its rights. A trademark is typically a name, word, phrase, logo, symbol, design, image, or a combination of these. Clearly, it is notable that website content can infringe on trademark rights. The similarity of the marks and the similarity

  • Role Of Trademark And Marketing Management

    1020 Words  | 5 Pages

    Role of trademark in business/industry: Trademark is the current trend of industry that everyone follows. Trademark is not a fashion but it has emerged as current marketing trend of industry. The value of trademark is mostly observed in marketing management where promoters used the trademark just instead of the product name. This is called branding where basically one brands the trademark of the product or in higher level the trademark of the company. In other field of business like financial, consultancy

  • Importance Of Apple Trademarks And Patents

    800 Words  | 4 Pages

    1- Why are trademarks and Patents so important to a company like Apple? What benefits do they provide? What kind of role did Apple patents play in its case against Samsung? Trademarks and Patents are important to big companies like Apple because the trademark gives them the right to decide who and who cannot use their patented invention. This benefits them because if they were not to have the trademark, anyone could recreate their product without the company's consent and make money off of the product

  • Havana Club Trademark Dispute Case

    1470 Words  | 6 Pages

    commonly referred to as “United States-Cuba ‘Havana Club’ Trademark Dispute case” has been one of the more controversial and potentially divisive cases before the World Trade Organization (hereinafter referred to as: “WTO”) to date. The European Union (hereinafter referred to as: “EU”) filed a complaint against the United States alleging that a law which prohibited the registration and enforcement in the United States of a Cuban trademark, “Havana Club” rum, which was licensed to the French company

  • Intellectual Property, Trademark, And Trade Secrets

    1237 Words  | 5 Pages

    inventions; library and artistic works; designs; and symbols, names and images used in commerce. It is any product of the human intellect that the law protects from unauthorized use by others. It is comprised of four categories: patent, copyright, trademark, and trade secrets. Patent gives the inventor the right to exclude others from making, using, importing, and selling the patented innovation for a certain amount of time. A patent can be granted the inventor if they file an application in a timely

  • The Inherent Distinctiveness Test Under Trademark Law

    1783 Words  | 8 Pages

    Introduction The inherent distinctiveness test under trademark law provides that for a mark to be eligible for registration it should have a distinctive character. Only inherently distinctive marks or marks which have acquired distinctiveness due to its use can be registered. In assessing whether a mark is distinctive, the courts look at the consumer’s reaction to the mark. A mark will have distinctive character if an average consumer of the product will identify the mark with the product which it

  • Case Study Of Gathya Trademark Law

    906 Words  | 4 Pages

    Gathya Trademark Tiff Gathya eatery brand trademark tiff is just another in the endless list of trademark battles. The instant case involves a farson shop namely Gathya, which has 7 branches and six franchisees in the city of Ahmedabad. The problem arose when a former employee started his own eatery business on a handcart with the same brand name- Gathya- appended by the words‘Laxmi Rath’. The court held that Gathya’s trademark’s scope of protection encompasses the defendant’s mark and it was quick

  • The Issue Concerning The Ownership Of General Knowledge By Copyright, Trademarks, And Patents

    950 Words  | 4 Pages

    Copyright, Trademarks, and Patents. Copyrights, Trademarks, and Patents have too much overreaching and unmonitored power of subjects that could be considered as general knowledge from the public and that we need new laws to help monitor and protect others rights. In the modern age the internet has become a daily part of our lives and yet some people claim rights to things that we as people should all have rights to. There has been some recent controversy concerning React World and there Trademark of there