Trademarks, Metatags, and Initial Interest Confusion: a Look to the Past to Re- Conceptualize the Future
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
Brick-And-Mortar Retailers' Survival Strategies Amid the COVID-19 Crisis
Mitsui & Co. Global Strategic Studies Institute Monthly Report June 2020 BRICK-AND-MORTAR RETAILERS’ SURVIVAL STRATEGIES AMID THE COVID-19 CRISIS Katsuhide Takashima Industrial Research Dept. III, Industrial Studies Div. Mitsui & Co. Global Strategic Studies Institute SUMMARY As the shift in consumer demand towards e-commerce (EC) has taken root amid the COVID-19 crisis, brick-and-mortar retailers will need stronger survival strategies. The first strategy is to respond to consumer needs for infection prevention, such as by adopting cashierless checkout systems and implementing measures to reduce the amount of time customers spend in stores. The second strategy is to enhance the sophistication of EC initiatives by leveraging the advantage of speediness in product delivery that only brick-and-mortar retailers can provide. The third strategy is to expand and monetize the showroom function. Business models providing insight to this end are beginning to emerge. The spread of COVID-19 infections has divided the retail industry, placing companies in stark contrast with each other depending on business format. Most specialty retailers, including department stores, shopping malls, and apparel shops, saw their earnings decline because they closed their stores to prevent infections, or otherwise suffered from operating restrictions. Meanwhile, other retail formats permitted to stay open in to supply consumers with daily necessities marked earnings growth. They include supermarkets, which captured demand from restaurants that had either closed or were avoided by consumers, and drugstores, which saw growth in demand for infection prevention products, e.g., masks and disinfectants (Figure 1). In addition, e-commerce (EC) transactions are increasing sharply, reflecting rapidly expanded usage by consumers who are refraining from going out. -
New Insights on Retail E-Commerce (July 26, 2017)
U.S. Department of Commerce Economics Newand Insights Statistics on Retail Administration E-Commerce Office of the Chief Economist New Insights on Retail E-Commerce Executive Summary The U.S. Census Bureau has been collecting data on retail sales since the 1950s and data on e-commerce retail sales since 1998. As the Internet has become ubiquitous, many retailers have created websites and even entire divisions devoted to fulfilling online orders. Many consumers have By turned to e-commerce as a matter of convenience or to increase the Jessica R. Nicholson variety of goods available to them. Whatever the reason, retail e- commerce sales have skyrocketed and the Internet will undoubtedly continue to influence how consumers shop, underscoring the need for good data to track this increasingly important economic activity. In June 2017, the Census Bureau released a new supplemental data table on retail e-commerce by type of retailer. The Census Bureau developed these estimates by re-categorizing e-commerce sales data from its ESA Issue Brief existing “electronic shopping” sales data according to the primary #04-17 business type of the retailer, such as clothing stores, food stores, or electronics stores. This report examines how the new estimates enhance our understanding of where consumers are shopping online and also provides an overview of trends in retail and e-commerce sales. Findings from this report include: E-commerce sales accounted for 7.2 percent of all retail sales in 2015, up dramatically from 0.2 percent in 1998. July 26, 2017 E-commerce sales have been growing nine times faster than traditional in-store sales since 1998. -
Patent and Trademark Cases Stephen Mcjohn
Northwestern Journal of Technology and Intellectual Property Volume 9 Article 1 Issue 4 January Spring 2011 Top Tens in 2010: Patent and Trademark Cases Stephen McJohn Recommended Citation Stephen McJohn, Top Tens in 2010: Patent and Trademark Cases, 9 Nw. J. Tech. & Intell. Prop. 1 (2011). https://scholarlycommons.law.northwestern.edu/njtip/vol9/iss4/1 This Perspective is brought to you for free and open access by Northwestern Pritzker School of Law Scholarly Commons. It has been accepted for inclusion in Northwestern Journal of Technology and Intellectual Property by an authorized editor of Northwestern Pritzker School of Law Scholarly Commons. NORTHWESTERN JOURNAL OF TECHNOLOGY AND INTELLECTUAL PROPERTY Top Tens in 2010: Patent and Trademark Cases Stephen McJohn January 2011 VOL. 9, NO. 4 © 2011 by Northwestern University School of Law Northwestern Journal of Technology and Intellectual Property Copyright 2011 by Northwestern University School of Law Volume 9, Number 4 (January 2011) Northwestern Journal of Technology and Intellectual Property Top Tens in 2010: Patent and Trademark Cases By Stephen McJohn* ¶1 The following are notable intellectual property decisions for patent and trademark in 2010 in the United States. Notable copyright and trade secret cases will be examined in a subsequent article. Viewed across doctrinal lines, some interesting threads emerge involving the scope of protection, the amount of secondary liability, and ownership of the intellectual property rights. ¶2 The scope of protection was at issue in both areas. Bilski v. Kappos marked a shift from using technical tests for patent subject matter to relying on the basic exclusions against patents on laws of nature, physical phenomena, or abstract ideas.1 Ass’n for Molecular Pathology v. -
Pdf Recommendations to Leverage E
Trade and COVID-19 Guidance Note RECOMMENDATIONS TO LEVERAGE E-COMMERCE DURING THE COVID-19 CRISIS Christoph Ungerer, Alberto Portugal, Martin Molinuevo and Natasha Rovo1 May 12, 2020 Public Disclosure Authorized KEY MESSAGES • In the fight against COVID-19, economic activities that require close physical contact have been severely restricted. In this context, e-commerce – defined broadly as the sale of goods or services online - is emerging as a major pillar in the COVID-19 crisis. E-commerce can help further reduce the risk of new infections by minimizing face to face interactions. It can help preserve jobs during the crisis. And it can help increase the acceptance of prolonged physical distancing measures among the population. • Public policy can only play an enabling role, tackling market failures and creating an environment in which digital entrepreneurship can thrive. This guidance note highlights 13 key measures that governments can take in the short term to support e-commerce during the ongoing crisis. The first group of measures aims to help more businesses and households to connect to the digital economy during the crisis. The second group of measures aims to ensure that e-commerce can continue to Public Disclosure Authorized serve the public in a way that is safe, even during the COVID-19 lockdown. The third group of measures aims to ensure that the government’s e-commerce strategy during the crisis is clearly communicated, implemented, and coordinated with other policy measures. • The crisis may have a permanent impact on the private sector landscape, consumer preferences, and shopping patterns. Many brick-and-mortar shops have been forced to move online. -
Protecting Your Idea This Guide Is Designed to Help Small Business Owners Make Informed Decisions Regarding Their Trademarks, Service Marks, Copy Right & Patents
Protecting Your Idea This guide is designed to help small business owners make informed decisions regarding their trademarks, service marks, copy right & patents. Trademark & Service Mark A trademark (also known as a brand name) is used to distinguish physical products while a service mark identifies a service such as a financial service, advertising, etc. Trademark or service mark rights can be established by: • Simply starting to use the mark, but the rights are limited to that state; • Applying for a federal registration for use nationwide. The designation "TM" for trademark and "SM" for service mark is used with the name when the mark is not federally registered. ® or "Reg. U.S. Pat. & Tm.Off." means the mark is federally registered. Where a mark is not likely to be used in interstate or foreign commerce, one should consider a state registered mark, it is quick and inexpensive to register. Federal registration provides nationwide priority rights and offers federal court protection against infringement. In international trade, the mark must be registered on a country by country basis. To register a trademark or service mark in New York State, contact: NY State Dept. of State-Division of Corporation and State Records, Albany (518) 474-4770. To register a mark federally, Please contact: U.S. Patent & Trademark Office/U.S. Department of Commerce Washington, D. C. 20231 (800) 786-9199 Website: http://www.uspto.gov/ Copyright A copyright, designated by a ©, protects literary, artistic, and musical works including sculptures, movies, computer programs, etc:" Registration is granted by the federal government and is inexpensive. Although it is not necessary to register to use the symbol, registration is needed to bring suit for copyright infringement. -
Trade Dress Protection and the Confusion with Design Patents Part One: Trade Dress Protection
North East Journal of Legal Studies Volume 18 Fall 2009 Article 1 Fall 2009 Trade Dress Protection and The Confusion with Design Patents Part One: Trade Dress Protection Roy Girasa Pace University, [email protected] Richard J. Kraus Pace University, [email protected] Follow this and additional works at: https://digitalcommons.fairfield.edu/nealsb Recommended Citation Girasa, Roy and Kraus, Richard J. (2009) "Trade Dress Protection and The Confusion with Design Patents Part One: Trade Dress Protection," North East Journal of Legal Studies: Vol. 18 , Article 1. Available at: https://digitalcommons.fairfield.edu/nealsb/vol18/iss1/1 This item has been accepted for inclusion in DigitalCommons@Fairfield by an authorized administrator of DigitalCommons@Fairfield. It is brought to you by DigitalCommons@Fairfield with permission from the rights- holder(s) and is protected by copyright and/or related rights. You are free to use this item in any way that is permitted by the copyright and related rights legislation that applies to your use. For other uses, you need to obtain permission from the rights-holder(s) directly, unless additional rights are indicated by a Creative Commons license in the record and/or on the work itself. For more information, please contact [email protected]. I lNol. 22/North East Journal of Legal Studies TRADE DRESS PROTECTION AND THE CONFUSION WITH NARRAGANSETT'S SMOKE SHOP RAID: DESIGN PATENTS NARRAGANSETT INDIAN TRIBE OF RHODE ISLAND v. PART ONE: TRADE DRESS PROTECTION THE STATE OF RHODE ISLAND Charles Hickox, Andrew Laviano and Katherine by Elisabeth Kasterlitz ......................................... 101 Roy J. Girasa * Richard J. Kraus** INTRODUCTION A company's sign or symbol certainly constitutes an important business asset. -
Basic Facts About Trademarks United States Patent and Trademark O Ce
Protecting Your Trademark ENHANCING YOUR RIGHTS THROUGH FEDERAL REGISTRATION Basic Facts About Trademarks United States Patent and Trademark O ce Published on February 2020 Our website resources For general information and links to Frequently trademark Asked Questions, processing timelines, the Trademark NEW [2] basics Manual of Examining Procedure (TMEP) , and FILERS the Acceptable Identification of Goods and Services Manual (ID Manual)[3]. Protecting Your Trademark Trademark Information Network (TMIN) Videos[4] Enhancing Your Rights Through Federal Registration Tools TESS Search pending and registered marks using the Trademark Electronic Search System (TESS)[5]. File applications and other documents online using the TEAS Trademark Electronic Application System (TEAS)[6]. Check the status of an application and view and TSDR download application and registration records using Trademark Status and Document Retrieval (TSDR)[7]. Transfer (assign) ownership of a mark to another ASSIGNMENTS entity or change the owner name and search the Assignments database[8]. Visit the Trademark Trial and Appeal Board (TTAB)[9] TTAB online. United States Patent and Trademark Office An Agency of the United States Department of Commerce UNITED STATES PATENT AND TRADEMARK OFFICE BASIC FACTS ABOUT TRADEMARKS CONTENTS MEET THE USPTO ������������������������������������������������������������������������������������������������������������������������������������������������������������������ 1 TRADEMARK, COPYRIGHT, OR PATENT �������������������������������������������������������������������������������������������������������������������������� -
Balancing Legal Protection in India
Co-published editorial Luthra & Luthra IP Balancing legal protection in India An understanding of the relationship between trademark and design law is essential to protecting trade dress in India The judiciary has long recognized trade product design that may not be registered golden colours, there are common use of dress or the get-up of goods, and has for trademark protection because evaluating scrolls, common use of ghosted letters for the traditionally provided protection from trade dress infringement claims requires purpose of writing the name of the whisky, unauthorized appropriation under the tort the court to focus on the claimant’s entire there is common stag/sambhar with antlers, action of passing off. This article analyzes selling image. In cases where passing off is thistles are to be found in both the labels, trade dress protection in India and how it claimed, it has been observed that a court scrolls being found both on the top and the interacts with Indian design law, as may take into consideration and compare lower part of both the labels. All these encapsulated by the Designs Act 2000. the competing trade dress in its entirety to similarities, as a whole, in my view, go to reach a prima facie view of whether there is show that the defendant wished to make its Trade dress and trademarks a likelihood of confusion (ie, shape of label a close approximation of the label of The concept of ‘trade dress’ is anchored in container, colour, printing and the interplay the plaintiff, as it possibly could. It only trademark law and has its origin in US law, of all those elements apart from the made colourable variations in the way the although it can also be traced back to the distinctive feature must be taken into golden scroll curved. -
Trademark, Patent and Copyright Information
Trademark, Patent and Copyright Information What is a trademark? A trademark includes any word, name, symbol, or device, or any combination, used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods. In short, a trademark is a brand name. What is a service mark? A service mark is any word, name, symbol, device, or any combination, used, or intended to be used, in commerce, to identify and distinguish the services of one provider from services provided by others, and to indicate the source of the services. What is a certification mark? A certification mark is any word, name, symbol, device, or any combination, used, or intended to be used, in commerce with the owner’s permission by someone other than its owner, to certify regional or other geographic origin, material, mode of manufacture, quality, accuracy, or other characteristics of someone's goods or services, or that the work or labor on the goods or services was performed by members of a union or other organization. What is a collective mark? A collective mark is a trademark or service mark used, or intended to be used, in commerce, by the members of a cooperative, an association, or other collective group or organization, including a mark which indicates membership in a union, an association, or other organization. Basic Questions Do I have to register my trademark? No, but federal registration has several advantages, including notice to the public of the registrant's claim of ownership of the mark, a legal presumption of ownership nationwide, and the exclusive right to use the mark on or in connection with the goods or services set forth in the registration. -
Recent Developments in Trademark Law Disrobing
10 Tex. Intell. Prop. L.J. 245 Texas Intellectual Property Law Journal Winter 2002 Recent Developments RECENT DEVELOPMENTS IN TRADEMARK LAW: DISROBING TRADE DRESS, CONFOUNDING DILUTION, AND CONDEMNING CYBERSQUATTING William G. Barbera1 Copyright © 2002 State Bar of Texas, Intellectual Property Law Section; William G. Barber Introduction 247 A. The Supreme Court Giveth then Taketh Away: Disrobing Trade Dress Protection on Product 247 Designs 1. Trade Dress Protection Generally 247 2. Wal-Mart Stores, Inc. v. Samara Bros., Inc.: An Abrupt “About Face” on Inherent Distinctiveness 248 3. TrafFix Devices, Inc. v. Marketing Displays, Inc.: Tossing the “Competitive Need” Functionality 250 Standard Out the Window 4. Aftermath in the Circuit Courts 252 a. Yankee Candle Co. v. Bridgewater Candle Co. 252 b. Clicks Billiards, Inc. v. Sixshooters, Inc. 254 c. Valu Engineering, Inc. v. Rexnord Corp. 256 d. Yurman Design, Inc. v. PAJ, Inc. 257 e. Nora Beverages, Inc. v. Perrier Group of America, Inc. 258 f. Herman Miller, Inc. v. Palazetti Imports and Exports, Inc. 259 B. Dilution 260 1. No Dilution Protection for Non-Inherently Distinctive Marks? TCPIP Holding Co. v. Haar 260 Communications, Inc. 2. Sixth Circuit Adopts the “Likelihood of Dilution” Standard: V Secret Catalogue, Inc. v. Moseley 263 C. Cybersquatting 264 1. Parody Defense Fails: People for the Ethical Treatment of Animals v. Doughney 264 2. Summary Judgment of Bad Faith: Virtual Works, Inc. v. Volkswagen of America, Inc. 266 3. “Typosquatting”: Shields v. Zuccarini 267 4. Jurisdiction Over Uniform Dispute Resolution Policy Decisions: Sallen v. Corinthians 268 Licenciamentos LTDA D. Use Issues 270 1. Use “As a Mark”: MicroStrategy, Inc. -
OVERVIEW of TRADEMARK LAWS in INDIA Index Slide Particulars Slide Particulars Nos
OVERVIEW OF TRADEMARK LAWS IN INDIA Index Slide Particulars Slide Particulars nos. nos. 3. India as an amenable jurisdiction 13-20. Recognition i. Registered trademarks under the Act ii. Well-known trademarks iii. Trade dress 4. Trademark as an international concept 21-26. Protection: i. Ownership ii. Opposition iii. Rectification / cancellation iv. Cross-bd/border/ trans-bdborder reputtitation 5-8. International Trademark law: 27-28. Actions– infringement and passing – off i. Paris Convention ii. TRIPS iii. Madrid Protocol 9. Indian Statutory Law: Trademarks Act, 1999 30-33. Civil and criminal remedies i. Civil – injunction, damages and accounts of profits, costs, delivery-up, other restraint orders, ii. Criminal – imprisonment and fine 10-12. Draft Trade Marks (Amendment) Rules, 2015 34. Conclusion and Na tiona l In te llec tua l Proper tty RiRight hts Po licy, 2016 India as an amenable jurisdiction India is widely recognized as an amenable jurisdiction for trademark registration and protection of trademark rights, inter alia : Constant modernization of trademark offices with a vision to protect IPR; leading to growth in trade, commerce and industry; Multi-tier enforcement mechanism – Registrar, intellectual property appellate board (IPAB), civil and criminal courts; At the Registrar level: Wide recognition of trademarks, trade-dress and well-known trademarks; Speedy registration process (constantly improving; for instance, the finance minister of India has proposed a policy which will allow registration of trademarks within a period -
Introduction to Trademark Law and Practice
WORLD INTELLECTUAL PROPERTY ORGANIZATION INTRODUCTION TO TRADEMARK LAW & PRACTICE THE BASIC CONCEPTS A WIPO TRAINING MANUAL GENEVA 1993 (Second Edition) ( ( WIPO PUBLICATION No 653 (El ISBN 92-805-0167-4 WIPO 1993 PREFACE The present publication is the second edition of a volume of the same title that was published by the World Intellectual Property Organization (WIPO) in 1987 and reprinted in 1990. The first edition was written by Mr. Douglas Myall, former Assistant Registrar of Trade Marks, United Kingdom. The present revised edition of the publication has been prepared by Mr. Gerd Kunze, Vevey, Switzerland, and reflects his extensive expertise and experience in the administration of the trademark operations of a large international corporation, Nestle S. A., as well as his intensive involvement, as a leading representative of several international non-governmental organizations, in international meetings convened by WIPO. This publication is intended to provide a practical introduction to trademark administration for those with little or no experience of the subject but who may have to deal with it in an official or business capacity. Throughout the text, the reader is invited to answer questions relating to the text. Those questions are numbered to correspond to the answers that are given, with a short commentary, in Appendix I. Arpad Bogsch Director General World Intellectual Property Organization February 1993 ( ( LIST OF CONTENTS CHAPTER 1. TRADEMARKS AND OTHER SIGNS: A GENERAL SURVEY 7 1.1 Use of trademarks in commerce . 9 1.2 What is a trademark?. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 9 1.3 Need for legal protection .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 10 1.4 How can a trademark be protected? .