DOCSLIB.ORG

Journal Edited by Gregory J

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Journal Edited by Gregory J SEPTEMBER 2017 DEVOTED TO LEADERS IN THE INTELLECTUAL PROPERTY AND ENTERTAINMENT COMMUNITY VOLUME 37 NUMBER 8 THE LicensingJournal Edited by Gregory J. Battersby and Charles W. Grimes The Trouble with “Googling It:” Google’s Fight to Maintain Trademark Rights in Its Famous Name Jed Ferdinand and Olivia Ferdinand Jed Ferdinand is the founding member of also served as strong and enforceable trademarks Ferdinand IP, LLC, an intellectual property and for their owners. Over time, those terms became so licensing boutique law firm with offices in New popular and so synonymous with an entire category York, San Diego, Silicon Valley and Westport, CT, of products that they morphed into generic terms that and is part of the 24IP Law Group with offices in lost all legal protection. To place it into proper context Germany, France, and the United Kingdom. in terms of grammar usage, once a mark stops being Olivia Ferdinand is a student at Harvard used as an adjective by the general public to describe University who interns at the firm. a branded product, and is instead used as a noun or verb to describe an entire product or service category, the mark is susceptible to a declaration of genericide Trademarks are valuable property rights in today’s and concomitant loss of legal protection. global marketplace. Companies spend vast sums on Aspirin is perhaps the most famous example of marketing and advertising to build brand awareness genericide. Aspirin brand pain reliever was once the with the goal of increasing market share and, for some “Google” of its day. It was a thriving, protectable trade- of the most popular brands, developing licensing pro- mark for a product that dominated the pain reliever grams that generate substantial revenue worldwide. market. Bayer, the trademark owner, had the exclusive From a legal perspective, companies are encour- right to call the drug, acetylsalicylic acid, by its brand aged to invest in marketing and advertising to develop name, “Aspirin.” However, when Aspirin gained explo- trademarks that are both commercially strong and sive popularity as a pain reliever during World War I, legally enforceable. Indeed, famous trademarks typi- its acclaim was both a blessing and a curse. Bayer lost cally are entitled to the broadest scope of legal protec- its trademark in 1918 and lost a subsequent appeal in tion against competing brands and counterfeits. 1921. The court ruled that the public as a whole under- But is there a downside to fame? Can a trademark stood “Aspirin” to name the category of acetylsalicylic ever become too famous? The answer, surprisingly, is acid rather than its singular brand name.1 Since then, yes. Trademarks that lose a source-identifying func- Bayer has continued to sell Aspirin products, but a tion and over time become common terms that may wide variety of companies have also used the “Aspirin” describe an entire category of goods or services no name in branding their own pain reliever products. longer function as trademarks at all. They become The case of Aspirin demonstrates that when a generic terms that are no longer entitled to legal pro- trademark falls victim to genericide, the trademark tection. This phenomenon, known as “genericide,” owner loses all legal protections and the mark falls has important ramifications for trademark owners into the public domain. This is a nightmare scenario such as Google that face the paradox of their valu- for the trademark owner, as competitors are now free able trademarks becoming too famous. This article to use the term and the trademark owner is virtually discusses the history of genericide, a recent legal powerless to stop them. Sales of the generic product decision favorable to Google and the overall practical often fall as a result. impact of genericide on the licensing industry. Actions of Trademark Holders The History of Genericide to Prevent Genericide Long ago, brands such as Aspirin, Escalator, Trademark holders often implement strategies to Thermos, and Dumpster were household names that prevent the devastating occurrence of genericide. SEPTEMBER 2017 The Licensing Journal 1 First, companies develop “trademark awareness” including “cybersquatting” (which is the legal claim advertising campaigns to make the public aware of for domain piracy) and infringement.4 Google pre- the proper manner to depict the company’s valuable vailed in the domain arbitration and, as a result, the trademark. For example, Chrysler ran a targeted ad arbitration panel ordered Elliott to transfer all of his campaign when it was concerned that its famous domains to Google. “Jeep” brand may become generic. Chrysler’s ads Unfortunately for Google, the case did not end stated: “They invented “SUV” because they can’t call there. Elliott then took his fight with Google to them Jeep®.”2 This successfully shifted the Jeep brand Federal District Court in Arizona. He filed claims from labeling a category of cars to solely identifying to cancel Google’s trademarks under the Federal its own brand. Lanham Act on the ground that they had become In addition, virtually every company has some generic. In support of his claim, Elliott argued that variation of a “Trademark Usage Policy” in place to “google” is understood as a “generic term universally provide strict guidelines over the manner that the used to describe the act of internet searching.”5 public may use the company’s valuable trademarks. Elliott and Google both conducted marketplace For example, Google lists “Rules for Proper Usage” surveys to demonstrate how consumers understand of its trademarks on its Web site. The policy specifi- “Google” as a brand name and its usage in everyday cally outlines proper consumer usage of the “Google” conversation. Elliott conducted a “Thermos” survey mark: which put consumers in an imaginary situation by asking them: “If you were going to ask a friend to Use the trademark only as an adjective, never search for something on the Internet, what word as a noun or verb, and never in the plural or or phrase would you use to tell him/her what you possessive form. Use the generic term for the want him/her to do?” Fifty-one percent of people product following the trademark, for exam- responded by using the word “google” as a verb mean- ple: GOOGLE search engine, Google search, ing to search the Internet.6 Elliott interpreted this as GOOGLE web search. Don’t use Google trade- evidence that “Google” was used by consumers as a marks in a way that suggests a common, generic term rather than as a brand name. descriptive, or generic meaning.3 Google, in turn, conducted a “Teflon” survey that tested consumers understanding of Google as a brand Through these guidelines, Google hopes to prevent name or generic name. In this survey, 94 percent of consumers and the media from using the mark people identified Google as a brand name rather than “Google” in a generic fashion, such as “to google” or a common name.7 “googling it.” These rules of usage are critical from Based on the survey evidence, the Federal District a legal standpoint for companies to maintain legally Court ruled in favor of Google, confirming that even enforceable trademark protection. though the public may use “google” as a verb, it does not constitute generic use. The Court found that Google continues to serve a brand-identifying func- The Case of Elliott v. Google Inc. tion and is not understood by the public as a generic term for Internet search engines. Google has become a victim of its own commercial Elliott did not stop there. He then appealed the success and worldwide popularity. The company is adverse decision to the US Circuit Court of Appeals not immune to attempts by competitors and trade- for the Ninth Circuit in San Francisco. Elliott argued mark pirates to cancel Google’s trademarks on the on appeal that the lower court incorrectly applied ground that they have become generic of an entire the primary significance test and did not properly category of search engines. weigh the importance of “Google’s” usage as a verb. Google’s most recent legal challenge on this issue Under the primary significance test, for Google to be came in the case of Elliott v. Google Inc. The case generic, Google must be understood by the relevant began in 2012 when a man named Chris Gillespie public to describe “what” the particular service is (a acquired 763 domain names that included the term search engine) rather than “who” the service is (the “google” in some manner. Examples included “google- Google search engine).8 newtvs.com.” Google Inc. filed a domain name arbi- In a decisive victory for Google, the Ninth Circuit tration complaint to the National Arbitration Forum, ruled against Elliott and upheld the ruling of the one of the organizations that have been established district court. The Ninth Circuit found that there in the United States to handle domain name dis- were four possible ways to use the term “google”: putes. Google accused Gillespie of multiple claims, (1) a trademark labeling the Google search engine, 2 The Licensing Journal SEPTEMBER 2017 (2) a verb describing searching on the Google search internationally as well. Because all trademark rights engine, (3) a verb meaning searching on any Internet are territory-specific, decisions about genericide will search engine, or (4) a generic term for any search be made on a country-by-country basis. Xerox devel- engine. Because there was no indication that the oped advertising and marketing campaigns to edu- fourth meaning was the primary way that the public cate consumers about proper trademark usage of understood the word google, the court ruled that their brand all over the world. One Xerox campaign Google continued to serve a source-identifying func- instructed consumers to use Xerox as an adjective, tion and was not a generic trademark.
Load more

Recommended publications
  • Trademark Registration of Product Colors: Issues and Answers Lee Burgunder
    Santa Clara Law Review Volume 26 Article 3 Number 3 Combined Issues No. 3-4 1-1-1986 Trademark Registration of Product Colors: Issues and Answers Lee Burgunder Follow this and additional works at: http://digitalcommons.law.scu.edu/lawreview Part of the Law Commons Recommended Citation Lee Burgunder, Trademark Registration of Product Colors: Issues and Answers, 26 Santa Clara L. Rev. 581 (1986). Available at: http://digitalcommons.law.scu.edu/lawreview/vol26/iss3/3 This Article is brought to you for free and open access by the Journals at Santa Clara Law Digital Commons. It has been accepted for inclusion in Santa Clara Law Review by an authorized administrator of Santa Clara Law Digital Commons. For more information, please contact [email protected]. TRADEMARK REGISTRATION OF PRODUCT COLORS: ISSUES AND ANSWERS Lee Burgunder* I. INTRODUCTION In October, 1985, the Federal Circuit Court of Appeals held that Owens-Corning was entitled to register the color "pink" as a trademark for its fibrous glass residential insulation.' Yet, before this date, the law was well-settled that an overall product color could not be appropriated as a trademark.' Thus, one might think that the Owens-Corning decision represented a controversial turning point in trademark theory with respect to the federal registration of colors. In reality, however, the decision merely marked one more step on the path of confusion upon which the courts recently have been treading in the field of product color trademark registration. Currently, courts focus on the "functionality" of colors in trade- 8 mark cases. In light of the demands of competition in a free-market © 1986 by Lee Burgunder * Associate Professor of Law, California Polytechnic State University.
    [Show full text]
  • Trademark Intersectionality Sonia K
    Fordham Law School FLASH: The Fordham Law Archive of Scholarship and History Faculty Scholarship 2009 Trademark Intersectionality Sonia K. Katyal Fordham University School of Law, [email protected] Follow this and additional works at: http://ir.lawnet.fordham.edu/faculty_scholarship Part of the Intellectual Property Commons Recommended Citation Sonia K. Katyal, Trademark Intersectionality , 57 UCLA L. Rev. 57 (2009-2010) Available at: http://ir.lawnet.fordham.edu/faculty_scholarship/337 This Article is brought to you for free and open access by FLASH: The orF dham Law Archive of Scholarship and History. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of FLASH: The orF dham Law Archive of Scholarship and History. For more information, please contact [email protected]. TRADEMARK INTERSECTIONALITY Sonia K. Katyal Even though most scholars and judges treat intellectual property law as a predominantly content-neutralphenomenon, trademark law contains a statutory provision, section 2(a), that provides for the cancellation of marks that are "disparaging," "immoral," or "scandalous." This provision has raised intrinsically powerful constitutional concerns, which invariably affect two central metaphors that are at war within trademark law: the marketplace of goods, which premises itself on the fixedness of intellectual properties, and the marketplace of ideas, which is premised on the very fluidity of language itself. Since the architecture of trademark law focuses only on how marks communicate information about a certain product or corporationwithin the marketplace of goods, it largely underestimates the more complex role that trademarksplay within the marketplace of ideas. Conversely, by only taking into account a brand's expressive implications, the provisions governing scandalous, disparaging,and immoral matter fail to substantively address the source-identifying functions that these marks often serve.
    [Show full text]
  • Journal of Intellectual Property and Entertainment Law
    NEW YORK UNIVERSITY JOURNAL OF INTELLECTUAL PROPERTY AND ENTERTAINMENT LAW VOLUME 6 SPRING 2017 NUMBER 2 TOMATO, TAMATIE? REVISING THE DOCTRINE OF FOREIGN EQUIVALENTS IN AMERICAN TRADEMARK LAW THOMAS MERANTE* The growing specter of globalization impacts industries from communication to transportation, resulting in an unparalleled proliferation of cultural diffusion unmatched throughout history. Naturally, this cultural diffusion has familiarized American consumers with foreign brands and foreign languages despite the obvious English dominance domestically, resulting in a trademark quagmire. Under the current American doctrine of foreign equivalents, trademark examiners and courts translate non-English words into English to determine whether they meet the general United States Patent & Trademark Office (USPTO) registration requirements. However, by treating English and non-English words alike, the pool of source-identifying marks is unnecessarily restricted. This note argues that a clear rule-like form that relaxes restrictions of registering descriptive foreign language marks through offering ‘descriptive’ foreign-language a presumption of eligibility for protection would mitigate inconsistent application of the doctrine. Such a rule would also limit costs on consumers and producers that are caused by restricting the range of available marks and inhibiting creative and communicative branding. * J.D. Candidate, Class of 2017, New York University School of Law; B.A. Philosophy and International Political Economy, Fordham University. I am grateful to Professor Christopher Sprigman for his oversight, the JIPEL Notes Program participants for their many rounds of feedback, and Kathleen for her unfailing support. Errors or omissions are my own. 310 311 N.Y.U. JOURNAL OF INTELL. PROP. & ENT. LAW [Vol. 6:2 INTRODUCTION ........................................................................................................312 I.
    [Show full text]
  • Trademark and Copyright: How Intimate Should the Close Association Become Lee B
    Santa Clara Law Review Volume 29 | Number 1 Article 3 1-1-1989 Trademark and Copyright: How Intimate Should the Close Association Become Lee B. Burgunder Follow this and additional works at: http://digitalcommons.law.scu.edu/lawreview Part of the Law Commons Recommended Citation Lee B. Burgunder, Trademark and Copyright: How Intimate Should the Close Association Become, 29 Santa Clara L. Rev. 89 (1989). Available at: http://digitalcommons.law.scu.edu/lawreview/vol29/iss1/3 This Article is brought to you for free and open access by the Journals at Santa Clara Law Digital Commons. It has been accepted for inclusion in Santa Clara Law Review by an authorized administrator of Santa Clara Law Digital Commons. For more information, please contact [email protected]. TRADEMARK AND COPYRIGHT: HOW INTIMATE SHOULD THE CLOSE ASSOCIATION BECOME? Lee B. Burgunder* I. INTRODUCTION Recently the courts have significantly expanded the scope of copyright protection, especially in the computer and high technology 1 realms. Similarly, the judiciary has interpreted federal trademark law so as to increasingly protect a wider realm of product character- 2 istics. The latter trend has taken on added importance in light of the Trademark Law Revision Act of 1988, which provides this trend with a congressional stamp of approval.3 The obvious concern raised by these movements, as with any instance of property expansion, is whether they may lead to a fundamental conflict between the roles of separate intellectual property systems. Copyright and trademark, along with patent law, coexist within O 1989 by Lee B. Burgunder * Professor of Law and Public Policy, California Polytechnic State University, San Luis Obispo, California.
    [Show full text]
  • A Comparative Analysis of U.S. and European Community Case Law Regarding Descriptive Signs
    A COMPARATIVE ANALYSIS OF U.S. AND EUROPEAN COMMUNITY CASE LAW REGARDING DESCRIPTIVE SIGNS I. THE RELEVANT LEGAL PROVISIONS AND INTERPRETING CASE LAW: I.1. In the European Community: I.1.a. The applicable provisions of the Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trademark: - Ground for refusal of registration as a Community trademark of descriptive character: According to Article 7(1)(c) of the Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trademark, signs which consist exclusively of signs or indications which may serve, in trade, to designate the kind, quality, quantity, intended purpose, value, geographical origin or the time of production of the goods or of rendering of the service, or other characteristics of the good or service, cannot be registered as Community trademarks. This ground for refusal of descriptive character regulated in Article 7(1)(c) does not apply to generic marks which are banned from registration as a Community trade mark by Article 7(1)(d) of the Regulation (“trade marks which consist exclusively of signs or indications which have become customary in the current language or in the bona fide and established practices of the trade”). Article 7(2) provides that a sign cannot be registered as a Community trademark even if the grounds of non-registrability obtain in only part of the Community. It is therefore sufficient for a sign to be rejected pursuant to Article 7(1)(c) of the Regulation on the Community trademark that this sign is descriptive in only one country of the European Union.
    [Show full text]
  • UNITED STATES DISTRICT COURT NORTHERN DISTRICT of ILLINOIS EASTERN DIVISION ) FACEBOOK, INC., ) ) Plaintiff, ) No. 11-Cv-3052
    Case: 1:11-cv-03052 Document #: 41 Filed: 09/26/11 Page 1 of 34 PageID #:<pageID> UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION ) FACEBOOK, INC., ) ) Plaintiff, ) No. 11-cv-3052 ) v. ) ) TEACHBOOK.COM LLC, ) ) Defendant. ) ) MEMORANDUM OPINION AND ORDER MARVIN E. ASPEN, District Court Judge: Plaintiff Facebook, Inc. (“Facebook”) has filed an eight-count complaint against Defendant Teachbook.com LLC (“Teachbook”) alleging trademark infringement, trademark dilution, and related federal and state claims. (Compl.) Teachbook moves to dismiss the complaint for failure to state a claim upon which relief can be granted. (Mot. & Mem.) Teachbook’s motion is denied. I. BACKGROUND As is always the case with motions to dismiss under Rule 12(b)(6), we look to the complaint and any supporting exhibits for the facts upon which to evaluate the motion. In this case, Facebook has filed a fifteen-page complaint and five accompanying exhibits. Normally at this stage, these materials would provide the sum total of the relevant facts for evaluating Teachbook’s motion to dismiss. But in support of its motion to dismiss, Teachbook has proffered over 300 pages of additional material that it would like us to consider. Thus, after first -1- Case: 1:11-cv-03052 Document #: 41 Filed: 09/26/11 Page 2 of 34 PageID #:<pageID> setting out the allegations Facebook makes in its complaint and supporting exhibits, we then determine whether Teachbook’s additional material ought to be considered in evaluating the current motion. A. Facebook’s Complaint Facebook is a Delaware corporation with its principal place of business in Palo Alto, California.
    [Show full text]
  • Patterns of Trademark Genericization
    !1 of !58 Patterns of trademark genericization Good and bad practices WESLEY OVERKLIFT VAUPEL KLEYN MASTER OF SCIENCE IN COMMUNICATION THESIS REPORT NUMBER 2016:094 University of Gothenburg Department of Applied Information Technology Gothenburg, Sweden, May 2016 2016:094 !2 of !58 Abstract Trademark genericization is a threat to companies with well-known products or services. Past cases have demonstrated that breaking certain trademark usage rules can lead to the loss of exclusive rights. This dissertation sought to determine the good and bad practices in trademark genericization processes. Genericization of a trademark occurs when the general public starts using the trademarked name as the generic name for the product category. Companies can counter this by implementing certain strategies. Timing and amount of effort have been proven crucial in past cases. Failure to do so can lead to the loss of enforceable trademark rights. A study has been conducted on trademarks that are facing genericization. The results reveal that trademarks such as Lava® Lamp, Frisbee®, Keso®, Jacuzzi®, and Post-it® are facing an extent of genericization in the Netherlands or Sweden. Keywords: trademark, genericization, genericized trademark, generic brand, intellectual property, descriptive concept, communication University of Gothenburg Department of Applied Information Technology Gothenburg, Sweden, May 2016 2016:094 !3 of !58 Preface Over the past year I have been studying intellectual property rights. I have a special interest in the branding of organisations, and trademarks are a big part of that. Claiming a product name usually starts with registration of the trademark. Once registered, these need to be managed well in order to build brand value.
    [Show full text]
  • To Bully Or Not to Bully: Understanding the Role of Uncertainty in Trademark Enforcement Decisions
    37.2 KISER ARTICLE.DOCX(DO NOT DELETE) 1/9/2014 9:17 PM TO BULLY OR NOT TO BULLY: UNDERSTANDING THE ROLE OF UNCERTAINTY IN TRADEMARK ENFORCEMENT DECISIONS Jessica M. Kiser* ABSTRACT Companies like Starbucks and Chick-fil-A are routinely labeled trademark bullies. The term “trademark bully” is typically used to describe a large company that uses aggressive intimidation tactics and threats of prolonged trademark infringement litigation to stop small businesses and individuals from using their own trademarks where the stated claims of infringement are likely spurious or non- existent. Trademark bullying harms competition and chills the free speech interests of those seeking to use trademarks for criticism and parody as permitted by the fair use doctrine. This Article identifies two fundamental causes that interact to encourage the aggressive tactics used by trademark bullies. First, trademark law imposes a vague duty on trademark owners to “police” third party trademark use for potential infringement. This uncertain duty renders trademark owners unable to accurately predict the risk of harm that third parties pose to their trademarks. Secondly, inherent cognitive biases affecting evaluations of such risk lead to systematic judgment errors and overestimation of the risk involved, thereby encouraging aggressive trademark enforcement. This Article uses prospect theory, an empirical social science approach to understanding human decision making, to characterize the psychological phenomena, including loss aversion and overestimation of risk, that motivate trademark bullies. Prospect theory explains apparently irrational decision making by trademark bullies. Recently proposed solutions for trademark bullying mistakenly assume that the trademark bully conducts a rational cost-benefit analysis prior to acting.
    [Show full text]
  • UNITED STATES DISTRICT COURT NORTHERN DISTRICT of ILLINOIS EASTERN DIVISION ) FACEBOOK, INC., ) ) Plaintiff, ) No. 11-Cv-3052 )
    Case: 1:11-cv-03052 Document #: 41 Filed: 09/26/11 Page 1 of 34 PageID #:712 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION ) FACEBOOK, INC., ) ) Plaintiff, ) No. 11-cv-3052 ) v. ) ) TEACHBOOK.COM LLC, ) ) Defendant. ) ) MEMORANDUM OPINION AND ORDER MARVIN E. ASPEN, District Court Judge: Plaintiff Facebook, Inc. (“Facebook”) has filed an eight-count complaint against Defendant Teachbook.com LLC (“Teachbook”) alleging trademark infringement, trademark dilution, and related federal and state claims. (Compl.) Teachbook moves to dismiss the complaint for failure to state a claim upon which relief can be granted. (Mot. & Mem.) Teachbook’s motion is denied. I. BACKGROUND As is always the case with motions to dismiss under Rule 12(b)(6), we look to the complaint and any supporting exhibits for the facts upon which to evaluate the motion. In this case, Facebook has filed a fifteen-page complaint and five accompanying exhibits. Normally at this stage, these materials would provide the sum total of the relevant facts for evaluating Teachbook’s motion to dismiss. But in support of its motion to dismiss, Teachbook has proffered over 300 pages of additional material that it would like us to consider. Thus, after first -1- Case: 1:11-cv-03052 Document #: 41 Filed: 09/26/11 Page 2 of 34 PageID #:713 setting out the allegations Facebook makes in its complaint and supporting exhibits, we then determine whether Teachbook’s additional material ought to be considered in evaluating the current motion. A. Facebook’s Complaint Facebook is a Delaware corporation with its principal place of business in Palo Alto, California.
    [Show full text]
  • Forensic Linguistics and Trademark Infringement Ahmed Noureddine Belarbi Department of English , Faculty of Letters & Languages , Kasdi Merbah Ouargla University
    ElWahat pour les Recherches et les Etudes Vol.13 (N°1)/ (2020) :1205-1218 El-Wahat for Research and StudiesReview ISSN : 1112 -7163 E-ISSN: 2588-1892 https://www.asjp.cerist.dz/en/PresentationRevue/2 Forensic Linguistics and Trademark Infringement Ahmed Noureddine Belarbi Department of English , faculty of Letters & Languages , Kasdi Merbah Ouargla University [email protected] Reçu le: Accepté le: 02-12-2019 18-05-2020 Abstract - Trademark infringement, notwithstanding its importance as a motive of action in trademark regulation, has not unfortunately been as sufficiently as should have been in the linguistic area and particularly in forensic linguistics. We try through this paper shed light on the contributions of forensic linguistics in an attempt to identify how do forensic linguists deal with linguistic issues related to the law. We also aim at defining the different methodologies by which forensic linguists may be of help in such trademarks disputes . Keywords - Infringement . Forensic linguistics. Trademark. Ownership. Product. auteur correspondant: Ahmed Noureddine Belarbi: [email protected] El-Wahat Journal for Research and Studies Vol.13 (N° 1)/ (2020) : 1205-1218 امللخــــص - إن مسألة انتهاك العﻻمة التجارية و على الرغم من أهميتها كدافع مهم لتنظيم العمل القانوني للعﻻمات التجارية ، مل تلق لﻷسف الشديد القدر الكايف ممن اﻻهتمام كما ينبغي أن يكون يف اللسانيات وخاصة يف اللسانيات القضائية. حناول من خﻻل هذه الورقة إلقاء الضوء على مساهمات اللسانيات القضائية و ذلك لتحديد كيف يتعامل اللسانيون القضائيون مع القضايا اللسانية املتعلقة بالقانون. نهدف أيضًا إىل حتديد املنهجيات املختلفة اليت ساهم بها اللسانيون القضائيون يف فهم نزاعات العﻻمات التجارية و تقديم يد املساعدة للقضاة بشأنها.
    [Show full text]
  • Brand Names Used As Generic Terms
    Brand Names Used As Generic Terms Spontaneous and rollneck Gerrard dures her epilogists reoffend while Ransom stylized some issuing homeopathically. Oswell is uncut and peoples incandescently while quantitative Janus prearranges and blinkers. Sabbatarian and insignificant Virge dried wooingly and moults his primordiums irefully and fugato. Popsicle is used term in terms with us one business machines corporation and canada. The name has become the colloquialism for what should otherwise be called a hot tub or whirlpool bath. Ministry of Health, which are not really trademarks at all. The loyal should be used as an does, it always be easy only a generic. We disclose on the latest creative trends, and South Africa, you will be cast a huge strong position. Have become synonyms for example, then place name trojan seo both value that scotch tape. What Is Trade Dress And How Can It Be Protected? Have you ever played with a Frisbee? Occurs because the heavy advertising that fails to persist an alternative generic name add that uses the trademark in similar only to generic terms. George de Mastreal invented Velcro when he discovered that burrs stuck to matted dog fur. In the circumstances where the development, for a user clicks outside overnight thing to its distinctiveness of generic brand names as the brand owners exclusive rights are. For the legislative history develop the Lanham Act and earlier trademark statutes see gener- ally fiction-marks-registration AND PROTECTION 1946 US. He was inspired by a restaurant from knowing he frequently purchased his weekday lunches. Eventually became a whole family member that.
    [Show full text]
  • United States Annual Review the Sixty-Eighth Year of Administration of the Lanham Act of 1946 Theodore H
    United States Annual Review The Sixty-Eighth Year of Administration of the Lanham Act of 1946 Theodore H. Davis Jr. John L. Welch January–February, 2016 Vol. 106 No. 1 INTERNATIONAL TRADEMARK ASSOCIATION Powerful Network Powerful Brands 655 Third Avenue, New York, NY 10017-5646 Telephone: +1 (212) 768-9887 email: [email protected] Facsimile: +1 (212) 768-7796 OFFICERS OF THE ASSOCIATION RONALD VAN TUIJL .................................................................................................................. President JOSEPH FERRETTI ...........................................................................................................President Elect TISH L. BERARD .............................................................................................................. Vice President DAVID LOSSIGNOL ........................................................................................................... Vice President AYALA DEUTSCH ..................................................................................................................... Treasurer TIKI DARE ............................................................................................................................... Secretary MAURY TEPPER ........................................................................................................................ Counsel ETIENNE SANZ DE ACEDO ................................................................................... Chief Executive Officer The Trademark Reporter Committee EDITORIAL BOARD EDITOR-IN-CHIEF,
    [Show full text]