We investigate how firms adapt to trademark protection, an extensively used but underexamined form of IP protection, by exploring a historical precedent: China’s trademark law of 1923 - an unanticipated and disapproved response to end foreign privileges in China. By exploiting a unique, newly...

Entrepreneurs and larger firms are waking up to the fact that there is a viable market for recycled, repaired, and even upcycled goods. There is also an increasing desire on the consumer end for more sustainable products as well as measures to reduce landfill and other product disposal harms to...

There is no gainsaying that it is of utmost importance that a trademark should be registered. This is because of the intrinsic value that a trademark has, especially to a business. The registration of a trademark confers legal protection on a trademark and makes it exclusive to its proprietor....

This Article discusses the early encounters of NFTs, trademarks, and the United States legal system. It will examine the areas where NFT creators are getting into or are likely to get into trouble with the law and policy of trademark infringement, trademark dilution, and the related legal causes...

trademark is basically an intellectual property that helps the consumers to identify the products and make out a difference among the other products in the market. It protects the interest of the consumers as well as manufacturers in the industry. Registration of un conventional trademark in EU...

The recent of explosion of non-fungible tokens (“NFTs”) has raised various intellectual property issues, resulting in a number of lawsuits currently before federal courts. These suits are already raising novel questions in trademark law, and are presenting old but unsettled questions in a...

Prior to decisions by the Supreme Court of the United States in eBay, Inc. v. MercExchange, L.L.C. and Winter v. NRDC, appellate courts routinely affirmed the exercise of discretion by district courts to grant injunctive relief in trademark cases. Indeed, if trademark owners made out a prima...

91 patent and trademark practitioners to comment on the PTO’s burden estimates for Representative and Address Provisions, and to recommend various steps the PTO can take to minimize burden as required by the Paperwork Reduction Act, 44 U.S.C. § 3506(c)(2)(A)(iv); 5 C.F.R. § 1320.5(d). The...

We investigate how firms adapt to trademark protection, an extensively used but underexamined form of IP protection, by exploring a historical precedent: China’s trademark law of 1923—an unanticipated and disapproved response to end foreign privileges in China. By exploiting a unique, newly...

In today’s digital economy, online competitive advertising plays a central role in informing consumers about low prices and other desirable product features. Accordingly, rivals have a strong incentive and opportunity to place anticompetitive limits on the flow of information. They do so by...

From 1869 to 1879, many European nations rushed to conclude bilateral treaties for trademark protection with the United States, either with the expectation of a federal law or under the first federal trademark law passed in 1870. However, in 1879 the US Supreme Court held the 1870 Act...

This article offers a reappraisal of a pair of remarkably contemporary enforcement actions brought by the Northern Renaissance artist Albrecht Dürer (1471-1528) against copyists of his work. These cases have long been debated by art, cultural and copyright historians insofar as they appear to...

The likelihood of confusion standard defines the scope of trademark infringement. Likelihood of confusion examines whether there is a substantial risk that consumers will be confused as to the source, identity, sponsorship, or origin of the defendants’ goods or services. This Article presents...

Retailers operating on marketplaces may infringe trademarks. While these retailers are liable as infringers under European Union law, the operator of the marketplace is not. The marketplaces’ obligations are limited to certain duties, such as taking down infringing offers on notice and...

In a subtle yet impactful way, artificial intelligence (AI) algorithms have made considerable inroads into the everyday practice of trade mark law. The appeal of this technology lies in its ability to keep pace with the high-pressure hosepipe of trade mark applications and the ever-growing...

EU trademark law fails to provide for robust gatekeeper requirements that render infringement claims against use in artistic contexts futile from the outset. Under the aegis of the CJEU, the general requirements of use “in the course of trade” and “in relation to goods or services” have...

The chapter focuses on the toolbox of trademark law to map the tensions between cultural heritage and intellectual property protection and to explore to what extent trademarks offer useful, albeit imperfect ways, to protect cultural heritage. The chapter then addresses the questions of whether...

Although the use of administrative adjudication as a revocation mechanism U.S. intellectual property law has been well established in trademark law for over 60 years, it is patent law’s more recent, but more frequent, engagement with agency process that has influenced the IP-administrative...

With this article I intend to provide a study of pharmaceutical trademarks mainly under European Union trademark legislation. Compared to other kinds of trademarks, the pharmaceutical ones present a particular set of legal problems. Among these, I address four specific issues that I consider to...

This paper aims to analyze topics within the international classification of goods and services (NICE classes) applied for the registration of trademarks at the EUIPO. This is accomplished by introducing a more fine-grained classification of trademarks as a "sub-section" of the rather rough NICE...

In zunehmend polypolistischen Anbietermärkten wird der grenzüberschreitende Austausch von Waren und Dienstleistungen zu einer wesentlichen Erfolgsdeterminante für große Teile der Marktakteure. Zugleich formen digitale Disruptionen sowie ein kaum mehr berechenbarer technologischer Fortschritt...

In zunehmend polypolistischen Anbietermärkten wird der grenzüberschreitende Austausch von Waren und Dienstleistungen zu einer wesentlichen Erfolgsdeterminante für große Teile der Marktakteure. Zugleich formen digitale Disruptionen sowie ein kaum mehr berechenbarer technologischer Fortschritt...

If you walk into a pharmacy with a prescription for Merck’s ZOCOR, which contains simvastatin, the pharmacist will probably give you a product containing simvastatin made by another company. The pharmacist will dispense a “generic” simvastatin product. State generic substitution laws,...

We study the positive and normative effects of counterfeiting, i.e.,trademark infringement, in markets where consumers are not deceived by forgeries.The fact that consumers are willing to pay more for counterfeits than for generic merchandise of similar quality suggests that they value the...

Mindful of the current trend within the United States to revive the focus on the use of trademark to determine a mark’s ability to act as a source indicator, in this paper I highlight how focusing on use can create disparate results by examining the role of use when dealing with well-known...

The objective of this paper is to examine the merit in the trademark infringement lawsuit instituted by SBS Consulting Group against Alpha Exploration Co., regarding the use of “Clubhouse”. The paper also seeks to explain the dichotomy between federal trademark registration and unregistered...

Due to the enlargement of market dimensions and increasing competition at the global level, due to significant enhancement of technology, e-commerce platforms, and comparative product analysis are just one click away, so, the market players are coming together to make their products...

A group of test subjects are randomly assigned one of two treatments for their frequent headaches: generic or brand-name ibuprofen. Subjects taking the branded ibuprofen, Nurofen®, report markedly greater pain relief and fewer side effects than the generic group. The experiment is repeated with...

As of 2016, 80% of the products sold in Nigeria were counterfeits and as of today, it is quite doubtful that the percentage of counterfeit and illegal goods in circulation has decreased below 50%. According to a report from Frontier Economics in 2017, which was based on an earlier report of 2016...

This Chapter addresses the topic of intellectual property (IP) exhaustion in the context of the parallel trade of pharmaceuticals. These imports, which are controversial in general, are more complex with respect to pharmaceuticals, which require additional marketing and import authorizations....

The modern age of internet and online content has left many newspaper publishers devoid of their physical business. To overcome financial hurdles, news publishers have started operating E-papers on a subscription basis. In a peculiar issue before the Hon’ble Delhi High Court, popular news...

May 20, 2019 witnessed the promulgation of a judgement by the United States Supreme Court which settled a circuit split created by the Court of Appeals for the First Circuit and answered a question which was the subject of quandary for the American legal fraternity for more than 35 years. A...

Trade mark law is premised on the idea that trade marks and certification marks occupy different roles. This distinction, however, is not as binary as we may expect. This article explains how pseudo-certification marks, a previously unidentified type of mark, are being used as attestation marks...

In layman terms, a trademark can be any name, sign, design, logo, or symbol, which helps identify one enterprise’s products from another; but as per Section 2 (zb) of the Trade Marks Act the Indian legal sphere defined trademark as an intellectual property through which an owner gain a...

Legal protections for trademarks are doctrinally justified by the need to prevent consumer confusion, which potentially disadvantages both individuals who are tricked by confusing or deceptive trademarks into purchasing goods and services other than those they intended to procure, and the...

This Article explores the classic harm theories of trademark infringement that don't involve sales substitution and argues that courts should recognize their empirical weakness. Despite the expansion of infringement liability based on new theories of such harm, questions about what constitutes...

Federal trademark registration helps protect the hundreds of billions of dollars of brand value that trademarks can represent. Recently, interest in the failure-to-function doctrine, which prevents registration of proposed trademarks that consumers do not perceive as marks, has surged at the...