Trademark Infringement in UK Law
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A critique of legal measures of brand confusion
As the number of imitator brands has risen, so too have legal actions for trademark infringement and passing off, because of consumer confusion, unfair misappropriation of brand owners’ intellectua...... ... brands has risen, so too have legal actions fortrademark infringement and passing off, because of consumer confusion, unfairmisappropriation of ... The law struggles todeal with disputes of passing-off and trademark infringement litigationbecause: both can be evidentially intensive, ... ...
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National brand responses to brand imitation: retailers versus other manufacturers
Data from national brand manufacturers suggest they are more willing to take legal action against other independent manufacturers than against retailers when they think their trademark brands have ...... ... manufacturers than against retailers when theythink their trademark brands have been infringed. Imitation by other independentmanufacturers ... Therefore,despite laws prohibiting trademark infringement, imitation of national brandsseems to be common in our marketplace. This ... ...
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Convergence of Trademark Law and E-Commerce: Overview of US, EU and China Regulations on Trademarks and Domain Names
This comment outlines the significance of the relations between trademarks and information technology from a comparative law perspective. It further affirms the indispensability of an interdiscipli...... ... 4 Curtin, T.J. (2010). The Name Game: Cybersqautting and Trademark Infringement on Social Media Websites, Journal of Law and Policy, 19 (1), 353-394 ... 430 MIZAN LAW REVIEW, Vol. 8, No.2 ... ...
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Legal strategies in resolving domain name disputes
Describes how the Internet revolution has created a wide range of legal issues, with one of the more contentious being domain name disputes. Stresses that it is important for trademark owners to kn...... ... domain names thatwere identical or similar to an owner'sexisting trademark. In many cases theseregistrants attempted to traffic in domainnames for ... and Numbers (ICANN), or litigationbased upon trademark infringement, dilutionunder the Federal Trademark Dilution Actor cybersquatting under ... ...
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Intellectual Property & Global Policy
This article discusses Intellectual Property Rights (IPR) and in particular global IPR expansion. That globally protected intellectual property (IP) is more valuable than ever must be set against t...... ... as global IP expansionist policy contains but also encourages infringement. We document this con fl ict, the paradoxi- cal space affording it, the ... though speci fi c examinations of copyright, patent and trademark laws. Claims for the overall social bene fi t of global IP harmonisation ... ...
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Preserving the distinctiveness of corporate marks. An analysis of legal and judicial approaches to well known trademark in India
Purpose: This paper aims to investigate the Indian legal and judicial approaches to well-known trademark (WT) by placing special focus on the way the judiciary has striven to foster the regulatory ...... ... of being a well-known as discussed under s 11 (6) of the Act.”3.6 Protection of well-known trademarks through passing offand infringement actionsAn unregistered WT is protected via passing off and infringement actions. Section 11 (3)provides that:Legal andjudicialapproaches737 ... A ... ...
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The Internet and Ethiopia's IP Law, Internet Governance and Legal Education: An Overview
The current information age requires intellectual property laws to catch up with and proactively regulate unfolding technological realities. The dynamic advances in the domain of the Internet have ...... ... “ The registration of a domain name does not have any trademark status. It is up to the requestor to be sure he is not violating anyone ... even if the individuals who are responsible for the copyright infringement are identified, it is not cost effective to go after every user who has ... ...
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Intellectual property rights
Purpose: The purpose of this paper is to provide an overview of intellectual property justifications and the basics of intellectual property law. Design/methodology/approach: The paper examines in...... ... Hence it is a“by no means certain of establishing infringement” (Anand and Galetovic, 2004).In order to curtail copyright infringement, ... such as commercialization (Spinello and Tavani,2005).TrademarksA trademark protects the exclusive right to commercial identity. Legal protection ... ...
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Intellectual property regime and the global financial crisis: lessons from Nigeria
Purpose: This paper aims to point out the vital role an effective regulatory regime can play in any sector of a nation's economy. Design/methodology/approach: The paper uses the regulatory mandate...... ... of the industry is done to check piracy and other illegal infringement of copyright createa conducive environment for a robust development of the ... Counterfeiting and ordinary trademark infringement has a thin line separating them. But amark is a counterfeit ... ...
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Re-framing ‘counterfeit from a public health perspective’: A case for fraudulent medicine
‘Black market’ counterfeiters operating outside of authorised industry are often framed as the perpetrators of dangerous and defective medicines within legal pharmaceutical markets. However, the as...... ... and misuse of a trademark or trade name,2 a patent violation or as an act of ‘passing off’3 when grounds for trademark infringement cannot be established. Legal action ... ...
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