A Speech-Act Theory of Distinctiveness
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Teaching Shakespeare: Text Clues 101
Teaching Romeo and Juliet Workshop Saturday, October 26, 2019 Instructor: Kevin Long Teaching Shakespeare: Text Clues 101 ...everyone according to his cue. A Midsummer Night’s Dream Definitions Know exactly what you are saying at all times. Use the Lexicons, Shakespeare’s Words, Shakespeare A to Z, Shakespeare’s Bawdy, and footnotes. Anoint two dueling “Lexicon Masters” each day. Make dictionary work COOL! Verse & Prose Shakespeare is about 75% verse (poetic line form) and 25% prose form. The form of writing might indicate a clue as to the type of character you are playing. Prose is sometimes an indication that the character might be of a lower class, comic or mad, while verse might indicate that your character is of higher class, intelligent, clever, etc. Pay particular attention to when a character switches from poetry to prose and visa versa. This is a major clue from Shakespeare. Verse PRINCE And for that offence Immediately we do exile him hence. I have an interest in your hearts’ proceeding: My blood for your rude brawls doth lie a-bleeding; But I’ll amerce you with so strong a fine That you shall all repent the loss of mine. I will be deaf to pleading and excuses, Nor tears nor prayers shall purchase out abuses: Therefore use none. Let Romeo hence in haste, Else, when he is found, that hour is his last. Bear hence this body, and attend our will: Mercy but murders, pardoning those that kill. Romeo and Juliet, Act 3, scene 1 Prose NURSE Well, you have made a simple choice, you know not how to choose a man: Romeo? no, not he; though his face be better than any man’s, yet his leg excels all men’s, and for a hand and a foot and a body, though they be not to be talked on, yet they are past compare. -
Trademark Dilution in the European Union
Chapter 10 Trademark Dilution in the European Union Professor Charles Gielen* I. INTRODUCTION § 10:1 Introduction and legal context § 10:2 Protection of registered and unregistered rights against detriment and free-riding § 10:3 Possibility of non-confusion infringement under the “double identity” rule II. REPUTATION § 10:4 The concept of reputation § 10:5 The place where the mark enjoys a reputation § 10:6 —National or regional marks § 10:7 —EU Trade Marks § 10:8 Evidence of reputation III. USE § 10:9 Use of an identical or similar sign § 10:10 Use in relation to goods or services § 10:11 Protection for use with non-similar or similar goods or services § 10:12 Use in the course of trade IV. ASSOCIATION § 10:13 Requirement for detriment or free-riding: link or association § 10:14 Factors to establish a link V. NON-CONFUSION INFRINGEMENT § 10:15 Non-confusion infringement generally *Professor Charles Gielen is of counsel of NautaDutilh NV in Amsterdam, the Netherlands, emeritus professor of IP law at the University of Groningen, the Netherlands, and extraordinary professor of IP Law at the University of Stellenbosch, South Africa. 221 INTERNATIONAL TRADEMARK DILUTION § 10:16 Actual injury or likelihood of injury VI. DETRIMENT TO DISTINCTIVENESS § 10:17 Detriment to distinctiveness generally § 10:18 Factors to establish detriment § 10:19 Evidence of an effect on economic behavior or a non- hypothetical risk § 10:20 Case law on detriment to distinctiveness VII. DETRIMENT TO REPUTATION § 10:21 Detriment to reputation generally § 10:22 Case law on detriment to reputation VIII. DEFENSES AND REMEDIES § 10:23 Without due cause § 10:24 Remedies in detriment and free-riding cases KeyCiteL: Cases and other legal materials listed in KeyCite Scope can be researched through the KeyCite service on WestlawL.UseKeyCitetocheck citations for form, parallel references, prior and later history, and comprehen- sive citator information, including citations to other decisions and secondary materials. -
Balancing Trademark Dilution Through Burnishment
21_2_Article_6_Loughran (Do Not Delete) 6/3/2017 8:38 AM NOTES & COMMENTS TARNISHMENT’S GOODY-TWO-SHOES SHOULDN’T GET ALL THE PROTECTION: BALANCING TRADEMARK DILUTION THROUGH BURNISHMENT by Jordana S. Loughran ∗ Famous marks classically earn twofold confusion and dilution trademark protection. In the past, only famous high-quality, socially acceptable marks—dubbed “wholesome” marks in this Comment—have found protection under dilution theory. Historically, one-sided protection of these wholesome marks isolated an entire classification of trademarks technically qualified for dilution protection, termed “unwholesome marks.” Unwholesome marks are famous marks that either represent salacious goods or services or maintain a constant seamy, gritty, or tawdry appearance. This Comment explores the evolution of dilution theory and its relational effect on unwholesome marks. I hypothesize that courts have construed the dilution doctrine too narrowly and, in doing so, precluded qualified unwholesome marks from bringing viable dilution claims. Part I offers a necessary foundation of trademark protection. Part II explains dilution by tarnishment history and theory before 1995. Part III * Born in Portland, Oregon, Jordana Loughran graduated from Portland State University in 2011 and Northwestern School of Law of Lewis & Clark College in 2016, earning a certificate of Intellectual Property. Since graduating, Jordana has shifted focus from intellectual property to real estate law. Many thanks to Professor Tomás Gómez-Arostegui for his guidance and insight throughout this project, my parents, Drs. Vijai A. Shukla and Lee W. Ball, for their unfailing support and meticulous proofreading, and my husband, Phillip J. Loughran, for always encouraging me to explore the sinful side of the law. -
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT of NEW YORK ------X MASTERCARD INTERNATIONAL : INCORPORATED : Plaintiffs, 00 Civ
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------------------------------x MASTERCARD INTERNATIONAL : INCORPORATED : Plaintiffs, 00 Civ. 6068 (GBD) : -against- MEMORANDUM : OPINION AND ORDER NADER 2000 PRIMARY COMMITTEE, INC., NADER 2000 GENERAL COMMITTEE, INC., : and RALPH NADER, Defendants. : ---------------------------------------------------------------x GEORGE B. DANIELS, District Judge: Plaintiff MasterCard filed an action against defendants Ralph Nader and his political committee, alleging unfair competition, misappropriation, trademark infringement and dilution of MasterCard’s trademarks under the Federal Trademark Act and state and common law. Plaintiff also alleged infringement of plaintiff’s copyright under the Copyright Act of 1976. Defendants filed a motion for summary judgment. Defendants’ motion for summary judgment is hereby GRANTED in its entirety. BACKGROUND MasterCard, a Delaware corporation with its principle place of business in New York, is a large financial institution that engages in the interchange of funds by credit and debit payment cards through over 23,000 banks and other foreign and domestic member financial institutions. Since Fall of 1997, MasterCard has commissioned the authorship of a series of advertisements that have come to be known as the “Priceless Advertisements.” These advertisements feature the names and images of several goods and services purchased by individuals which, with voice overs and visual displays, convey to the viewer the price of each -
Willing to Be Scammed: How Self-Control Impacts Internet Scam Compliance
Running head: Willing to be scammed: how self-control impacts Internet scam compliance Willing to be scammed: How self-control impacts Internet scam compliance Submitted by David Modic to the University of Exeter as a thesis for the degree of Doctor of Philosophy in Psychology In September 2012 This thesis is available for Library use on the understanding that it is copyright material and that no quotation from the thesis may be published without proper acknowledgement. I certify that all material in this thesis which is not my own work has been identified and that no material has previously been submitted and approved for the award of a degree by this or any other University. Signature: ………………………………………………………….. 2 WILLING TO BE SCAMMED WILLING TO BE SCAMMED 3 Abstract At any given moment in time, there are people complying with fraudulent requests (i.e. scams) on the Internet. While the incidence rates are low (between five and ten percent of the population becoming victims on a yearly basis), the financial and emotional consequences can be high. In this Thesis we composed a unified theory of which factors made individuals more likely to comply with scams and what psychological mechanisms are unwittingly employed by con-men to make their (illegitimate marketing) offers more enticing. The strongest overall predictor of scam compliance (i.e. the extent to which an individual is likely to comply with fraudulent requests) was the level of self-control, regardless of the observed stage of a scam. On the basis of previous research, we postulated and have empirically shown that falling for a scam is a 3-stage process (i.e. -
Ethical Considerations for Trademark Lawyers
Ethical Considerations for Trademark Lawyers by Stephen W. Feingold, Jessica N. Cohen and Meredith A. Carlo New York, NY* I. Introduction Lawyers serve many roles, including fiduciary, counselor, mediator and advocate. In these roles, lawyers interact with clients, other lawyers, judges and the public. To maintain the integrity of the profession, lawyers must adhere to certain standards of professional responsibility in each of these roles. Although the terms “professional responsibility,” “morality,” and “ethics” are often used interchangeably, it is important to recognize that a lawyer’s duty to adhere to certain standards of professional responsibility reaches beyond mere ethical obligations. Professional responsibility is a body of law, the violation of which may expose a lawyer to substantial sanctions and may threaten his or her reputation, license and livelihood. Like many areas of law, the law governing a lawyer’s professional responsibilities is dynamic and rapidly changing. Understanding this area of law is challenging because a lawyer does not have only one set of ethical rules to follow. Instead, the law of professional responsibility is a complex blend of court rules, judicial decisions, statutes and other authorities. This chapter is limited to a review of the ethical rules applicable in the U.S. Lawyers in the U.S. should not assume that these ethical obligations are universal and, in fact, the ethical rules can vary significantly from one country to the next. For instance, in some jurisdictions it is not unethical for an attorney who represents two companies that have a dispute to represent one against the other. The only way for a client to avoid this possibility in such a jurisdiction would be through the terms and conditions of the engagement letter. -
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 �������������������������������������������������������������������������������������������������������������������������� -
The Trend Towards Enhancing Trademark Owners' Rights-A Comparative Study of U.S. and German Trademark Law, 7 J
Journal of Intellectual Property Law Volume 7 | Issue 2 Article 2 March 2000 The rT end Towards Enhancing Trademark Owners' Rights-A Comparative Study of U.S. and German Trademark Law Rudolf Rayle the University of Iowa Follow this and additional works at: https://digitalcommons.law.uga.edu/jipl Part of the Comparative and Foreign Law Commons, and the Intellectual Property Law Commons Recommended Citation Rudolf Rayle, The Trend Towards Enhancing Trademark Owners' Rights-A Comparative Study of U.S. and German Trademark Law, 7 J. Intell. Prop. L. 227 (2000). Available at: https://digitalcommons.law.uga.edu/jipl/vol7/iss2/2 This Article is brought to you for free and open access by Digital Commons @ Georgia Law. It has been accepted for inclusion in Journal of Intellectual Property Law by an authorized editor of Digital Commons @ Georgia Law. Please share how you have benefited from this access For more information, please contact [email protected]. Rayle: The Trend Towards Enhancing Trademark Owners' Rights-A Comparativ JOURNAL OF INTELLECTUAL PROPERTY LAW VOLUME 7 SPRING 2000 NUMBER 2 ARTICLES THE TREND TOWARDS ENHANCING TRADEMARK OWNERS' RIGHTS-A COMPARATIVE STUDY OF U.S. AND GERMAN TRADEMARK LAW Rudolf Rayle* I. INTRODUCTION Conventionally trademarks are said to serve primarily as source identifiers. They are the medium through which consumers identify a particular product with a specific source (i.e., serve an identification or origin function). The origin function is therefore claimed to be the main function of trademarks and at first glance the definitions of trademarks in the Lanham Act as well as in the German Trademark Act, seem to confirm this traditional view.' * Rudi Rayle attended the Universities of Bonn and Tuebingen, Germany. -
Trademark Infringement, Trademark Dilution, and the Decline in Sharing of Famous Brand Names: an Introduction and Empirical Study
GW Law Faculty Publications & Other Works Faculty Scholarship 2011 Trademark Infringement, Trademark Dilution, and the Decline in Sharing of Famous Brand Names: An Introduction and Empirical Study Robert Brauneis The George Washington University Law School, [email protected] Paul J. Heald Follow this and additional works at: https://scholarship.law.gwu.edu/faculty_publications Part of the Law Commons Recommended Citation Robert Brauneis & Paul J. Heald, Trademark Infringement, Trademark Dilution, and the Decline in Sharing of Famous Brand Names: An Introduction and Empirical Study, 59 Buff. J. Int'l L. 141 (2011). This Article is brought to you for free and open access by the Faculty Scholarship at Scholarly Commons. It has been accepted for inclusion in GW Law Faculty Publications & Other Works by an authorized administrator of Scholarly Commons. For more information, please contact [email protected]. TRADEMARK INFRINGEMENT, TRADEMARK DILUTION, AND THE DECLINE IN SHARING OF FAMOUS BRAND NAMES: AN INTRODUCTION AND EMPIRICAL STUDY ROBERT BRAUNEIS* PAUL HEALD** Many famous brand names have historically been shared among dozens or even hundreds of different companies.1 Courts and commentators often cite well-known examples of sharing like Delta Airlines and Delta Faucets,2 or United Airlines and United Van Lines,3 but the list of companies sharing these brand names and many others is much, much longer. Trademark infringement law has traditionally accommodated brand-name sharing through doctrines that limit protection to closely related goods and to actual trading areas.4 Modern developments in infringement law, however, have challenged those doctrines,5 and trademark dilution legislation is arguably based on the theory that some brand names are harmed by, and should be protected against, any sharing at * Professor of Law, The George Washington University Law School. -
Intellectual Property: Frequently Asked Questions What Is a Trademark? A
Crystal Broughan, Shareholder Intellectual Property Attorney [email protected] 904-807-2180 Intellectual Property: Frequently Asked Questions What is a trademark? A trademark is essentially the identity of your business. It is a brand associated with goods or services to distinguish your goods and services from all others, Trademarks can be any word, slogan, symbol, design or any combination of these. Some non-traditional trademarks can be a sound, color or smell. Examples: Nike®, Starbucks® Why do I need a trademark registration? A trademark registration allows you to protect your rights as the owner of the brand, business and/or product line. The registration will help you prevent competitors from diluting or tarnishing your brand of services or products. It can also be used to stop competitors from using your mark or anything that is confusingly similar to promote their products and services. If you are only using your trademark in a single state, make sure you obtain a trademark registration in that state to document your date of first use in commerce and ownership of the trademark. The date of first use of the trademark in commerce establishes priority of use in the marketplace, which is very important in the world of trademarks. If you are using the trademark in interstate commerce or in a foreign country, make sure you obtain a trademark registration through the United States Patent and Trademark Office (USPTO). The USPTO certificate of registration provides a number of advantages. First, the registration provides nationwide notice to possible infringers and allows you to use the ® symbol next to your mark. -
Disparaging Trademarks, Like the Slants, Can Be Registered Trademarks
MATAL V. TAM: DISPARAGING TRADEMARKS, LIKE THE SLANTS, CAN BE REGISTERED TRADEMARKS by CHRISTINA S. LOZA Background way, it doesn’t matter. I couldn’t and/or services from those of anoth- his case revolves around get that mark, even though I er source. Trademark owners have whether a trademark can be could get a mark saying that all rights in their marks as soon as they registered before the United politicians are virtuous, or that are used in commerce without any States Patent and Trade- all Democrats are virtuous. need, necessarily, for trademark reg- mark Office (USPTO) even The point is that I can say good istration before the USPTO. With though the mark is disparag- things about something, but I that said, registering a trademark ing. The Lanham Act prohib- can’t say bad things about some- with the USPTO is a good idea for Tits the registration of many kinds of thing.1 a number of reasons, including: (1) marks, but in this case, preventing And so, as of June 19, 2017, in Matal constructive notice of a claim of the registration of disparaging marks v. Tam, the Supreme Court held 8-0 ownership, (2) evidence of validity, directly challenges the First Amend- that you can say good and bad things ownership, and exclusive rights, (3) ment’s Free Speech Clause. During in your registered trademark because incontestability after five years of “[V]iewpoint discrimination,” as in the disparagement clause, is “forbidden.” . “Giving offense is a viewpoint.” oral arguments, Justice Kagan raised not being able to do so “offends a registration, and (4) ceasing impor- the free speech issue in the Lanham bedrock First Amendment principle: tation of infringing articles into the Act as: Speech may not be banned on the United States.3 [I]t precludes disparagement ground that it expresses ideas that There are many reasons a trade- of Democrats and Republicans offend.” 137 S. -
Professional Responsibility at the USPTO
Professional Responsibility at the USPTO William R. Covey Deputy General Counsel and Director Office of Enrollment and Discipline United States Patent and Trademark Office OED Discipline: Warnings vs. Formal Discipline • Formal discipline, with a few exceptions, constitutes public discipline. • Formal disciplinary sanctions include: – Exclusion from practice before the Office; – Suspension from practice before the Office; – Reprimand or censure; or – Probation. 37 C.F.R. § 11.20(a). • The OED Director may conclude an investigation with a warning. See 37 C.F.R. § 11.21. – A warning is neither public nor a disciplinary sanction. 2 OED Discipline: Warnings vs. Formal Discipline 3 OED Discipline: Types of Discipline 4 Other Types of Discipline • Reciprocal discipline. 37 C.F.R. § 11.24 – Based on discipline by a state or federal program or agency. – Usually conducted on documentary record only. • Interim suspension based on conviction of a serious crime. 37 C.F.R. § 11.25 5 Total Number of OED Disciplinary Decisions Breakdown of Reciprocal vs. Non-Reciprocal Formal Decisions FY12 FY13 FY14 FY15 6 Total Number of OED Disciplinary Decisions Breakdown of Disciplinary Decisions by Practitioner Type FY12 FY13 FY14 FY15 7 Office of Enrollment and Discipline Recent Case Law at OED 8 Conflict of Interest • In re Radanovic (USPTO D2014-29) – Patent attorney: • Represented two joint inventors of patent application. • No written agreement regarding representation. • Attorney became aware of a dispute wherein one inventor alleged that the other did not contribute to allowed claims. • Continued to represent both inventors. • Expressly abandoned application naming both inventors in favor of continuation naming one. – Received public reprimand.