Download or read book Likelihood of Confusion in Trademark Law written by Richard L. Kirkpatrick and published by . This book was released on 19?? with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This file contains Likelihood of Confusion in Trademark Law by Richard L. Kirkpatrick which provides an overview of the multiple factor test - the generally accepted method of analyzing liklihood of confusion cases - as well as a systematic examination into each one of the key factors used by the courts to determine if likelihood of confusion exists.

Download or read book Irrelevant Confusion written by Mark A. Lemley and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Trademark law centers its analysis on consumer confusion. With some significant exceptions, the basic rule of trademark law is that a defendant's use of a mark is illegal if it confuses a substantial number of consumers and not otherwise. As a general matter, this is the right rule. Trademark law is designed to facilitate the workings of modern markets by permitting producers to accurately communicate information about the quality of their products to buyers, and therefore to encourage them to invest in making quality products in circumstances in which that quality wouldn't otherwise be apparent. If competitors can falsely mimic that information, they will confuse consumers, who won't know whether they are in fact getting a high quality product and therefore won't be willing to pay as much for that quality. I won't pay as much for an iPod if I think there is a chance it is a cheap knock-off masquerading as an iPod.The law of false advertising operates as an adjunct to trademark law. While trademark law prevents competitors from misrepresenting the source of their products by mimicking another's brand name, the law of false advertising prevents false or misleading statements about the quality of one's own or a competitor's products. Like trademark law, false advertising law is designed to protect the integrity of markets by allowing consumers to rely on statements made by sellers. Unfortunately, trademark law has taken the concept of confusion too far. Between 1930 and 1980, courts expanded the concept of confusion beyond confusion as to the source of a product to include the possibility that consumers are confused as to whether the trademark owner sponsors or is affiliated with the defendant's goods. This expansion began for plausible reasons: consumers might be confused to their detriment in a variety of circumstances in which the plaintiff and the defendant do not actually compete directly. But sponsorship and affiliation confusion has taken on a life of its own, resulting in a large number of cases in which companies or individuals are prevented from doing things that might conceivably confuse consumers, but do not confuse consumers in any way that harms their decision-making process or that the law should care about. In Part I, we offer a number of examples of “confusion” that courts have found actionable even in circumstances in which that confusion was unlikely to matter to the operation of the market. Part II explains how we arrived at this unfortunate pass.We suggest in Part III that trademark law should focus its attention on confusion that is actually relevant to purchasing decisions. We would make the source of the goods the central element of confusion analysis. It is confusion as to source that is most obviously relevant to the purposes behind trademark law. That does not mean, however, that confusion as to the relationship between plaintiff and defendant can never be actionable. Confusion as to affiliation should be actionable when consumers are likely to believe that the trademark owner stands behind or guarantees the quality of the goods the defendant sells. Even if consumers understand that individual franchisees, rather than the McDonald's Corporation, actually make their hamburgers, they are likely to expect that McDonald's stands behind whatever quality that brand represents. Finally, the fact that confusion as to sponsorship or affiliation should not generally be trademark infringement does not mean that it will never be actionable. Some statements that create confusion as to sponsorship or affiliation will be actionable as a form of false advertising. We address the scope of false advertising in Part IV. Notably, proof of a false advertising claim requires the plaintiff to demonstrate that the misrepresentation is material - that it is likely to affect a product purchasing decision. Indeed, the statute specifies the sorts of misrepresentations that are forbidden. We continue the discussion in Part V, which explores some of the implications of shunting some cases into the false advertising framework, and discusses how to handle some close cases.

Download or read book The Confusion Test in European Trade Mark Law written by Ilanah Simon Fhima and published by Oxford University Press, USA. This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction: The Likelihood of Confusion --Similarity of Marks --Composite Marks --Similarity of Goods and Services --Distinctiveness of the Marks --Assessing Likelihood of Confusion --The Timing of Confusion --Non-Traditional Marks and the Likelihood of Confusion.

Download or read book Confusion Over Use written by Graeme B. Dinwoodie and published by . This book was released on 2008 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper tackles an intellectual property theory that many scholars regard as fundamental to future policy debates over the scope of trademark protection: the trademark use theory. We argue that trademark use theory is flawed and should be rejected. The adoption of trademark use theory has immediate practical implications for disputes about the use of trademarks in online advertising, merchandising, and product design, and has long-term consequences for other trademark generally. We critique the theory both descriptively and prescriptively. We argue that trademark use theory over-extends the search costs rationale for the trademark system, and that it unhelpfully elevates formalism over contextual analysis in trademark law rulemaking. The theory seeks determinate trademark rules in order to encourage a climate of certainty for innovators, but the concepts on which it is founded are likely to degenerate. We show that trademark use theorists ignores the multivalence of trademark law, and that adopting trademark use doctrines would result in less transparent trademark decisionmaking. Instead, we propose that trademark law retain its traditional preference for contextual analysis. We show in particular how a contextual analysis would offer an approach to trademark disputes involving online advertising that better captures the potential of trademark law to police new information markets. Our analysis contemplates individualized assessments according to common law standards, but opens up policy space for the development of limited statutory safe harbors for intermediaries such as search engines.

Download or read book Likelihood of Confusion in Trade Mark Law written by Jeroen Muyldermans and published by Kluwer Law International B.V.. This book was released on 2019-10-15 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since 1994 European Union (EU) case law touching on trade mark confusion has become so diverse and has grown so numerous that it is difficult to see the wood for the trees. This is the first book to give a complete synthesis of the thousands of decisions that have been handed down over the past decades, illustrated with many examples and images. Providing a highly structured and complete overview of the confusion test and all assessment criteria as determined by the General Court and Court of Justice, the authors unravel the concept of likelihood of confusion and establish a sound and thorough methodology for resolving confusion in any trade mark case. Among the practical features offered by the analysis are the following: consideration of the constituent criteria of the confusion test through a simple three-step test examining the similarity among goods and services, similarity between different trade marks and global appreciation of confusion; the identification of the ‘relevant consumer’, including from territorial and linguistic points of view; guidance on procedural aspects of the confusion test before the EU courts, as well as before the EU Intellectual Property Office and its Boards of Appeal; identifying the dominant and distinctive components of a trade mark – phonetic, visual and conceptual; the concept of similarity and the Nice Agreement; the principle of ‘partial use’; effect of the terms of sale of the goods or services; consideration of the existence of a family or series of trade marks; and consideration of the effects of coexistence on the confusion test. Numerous illustrated examples of trade marks involved in confusion cases enhance the presentation. Any practitioner dealing with trademark confusion in infringement proceedings before EU or national courts, or in opposition proceedings before national offices or the EU Intellectual Property Office, will be enabled to approach each case with full awareness of applicable criteria of assessment. This much-needed synthesis of case law will quickly become a standard work among lawyers, examiners and judges acting in trade mark matters.

Download or read book State of Confusion written by Bryant Welch and published by Macmillan. This book was released on 2008-06-10 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: Finally, the answer to the many questions that have been preying on the minds of millions of Americans has arrived. Why are Americans so vulnerable to divisive political tactics? Why did Americans get dragged into such an unwise war in Iraq? Why do fundamentalist religious groups, Fox News, and right-wing radio still play such influential roles in America's political landscape? And why are long-accepted rational scientific ideas like evolution under siege? These questions hold America's future in the balance. Ultimately, they are questions about the American mind. Psychologist-attorney Dr. Bryant Welch has the answers. If America is going to change the mind-set that led us to war in Iraq and left us unable to confront our serious national problems, this book is vitally important. Drawing on his unique experience both as a clinical psychologist and a Washington, D.C., political figure with the American Psychological Association, Dr. Welch shows how the long-term effects of sophisticated new forms of political manipulation have not only led to our debacle in Iraq but are also currently undercutting America's ability to address its very serious problems. In the 1944 movie Gaslight, a husband drives his wife to the brink of insanity by playing games with her sense of reality. Just as in the movie, America's most recent political "gaslighters," such as George W. Bush, Karl Rove, Rush Limbaugh, Ann Coulter, and many religious leaders, have generated and exploited confusion in the minds of countless Americans. Gaslighters prey on their victim's vulnerability to paranoia, sexual perplexity, and envy to undermine the mind's ability to function rationally. Welch examines why millions of Americans, in response to such assaults, subconsciously and dangerously create their own simplistic reality, even if it is completely different from the more complex reality of the world. Most important, State of Confusion explains how and why Americans must act now to fight back against this harmful manipulation before it's too late. Dr. Welch's exploration of the American mind is both fascinating and frightening, and State of Confusion is a must-read for everyone who cares about the future of this great country.

Download or read book Essay Tolerating Confusion About Confusion written by Graeme W. Austin and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this essay, Professor Austin urges courts to be more critical of the role played by the "ordinarily prudent consumer" in trademark law. Trademark infringement law's "straightforward story," which typically justifies trademark rights in terms of protecting consumers from the harms of likely confusion and dilution, does not adequately capture the need for countervailing principles and policies to contribute to the shape of trademark doctrine. The essay argues that recognizing the incapacity of the likelihood of confusion and dilution analyzes to capture the empirical reality of the consumer experience should lead to a greater preparedness to weigh countervailing policies and principles more heavily in the scale. Trademark "fair use" doctrine provides a useful context in which to explore these ideas. The Supreme Court's approach to fair use in KP Permanent Make-Up, Inc. v. Lasting Impressions I, Inc. risks valorizing consumer confusion in a context in which it should be downplayed. Moreover, the Court's holding risks constraining the analytical space available in trademark law for expression and development of policy concerns other than those that underlie trademark's straightforward story.

Download or read book McCarthy on Trademarks and Unfair Competition written by J. Thomas McCarthy and published by Clark Boardman Callaghan. This book was released on 1996 with total page 1186 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Confusion of Tongues written by Stephen Finlay and published by Oxford University Press. This book was released on 2016-11 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can normative words like 'good', 'ought', and 'reason' be defined in non-normative terms? Stephen Finlay argues that they can, advancing a new theory of the meaning of this language and providing pragmatic explanations of the specially problematic features of its moral and deliberative uses which comprise the puzzles of metaethics.

Download or read book States of Confusion written by Paul Jury and published by Simon and Schuster. This book was released on 2011-04-18 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rather than deal with the problems he was facing as a recent college grad, Paul Jury decided to leave them in his rearview mirror. He might not have known the direction his life was headed, but he knew the route he was taking to hit all forty-eight contiguous states on one epic road trip. Filled with plenty of adventure and the unforeseen obstacle (or twelve), States of Confusion puts you in shotgun to see where the road takes Paul. All he knows--after crashing on the beer-soaked couch of his younger brother's frat--is that there's no going back.

Download or read book The Right of Publicity written by Jennifer Rothman and published by Harvard University Press. This book was released on 2018-05-07 with total page 170 pages. Available in PDF, EPUB and Kindle. Book excerpt: Who controls how one’s identity is used by others? This legal question, centuries old, demands greater scrutiny in the Internet age. Jennifer Rothman uses the right of publicity—a little-known law, often wielded by celebrities—to answer that question, not just for the famous but for everyone. In challenging the conventional story of the right of publicity’s emergence, development, and justifications, Rothman shows how it transformed people into intellectual property, leading to a bizarre world in which you can lose ownership of your own identity. This shift and the right’s subsequent expansion undermine individual liberty and privacy, restrict free speech, and suppress artistic works. The Right of Publicity traces the right’s origins back to the emergence of the right of privacy in the late 1800s. The central impetus for the adoption of privacy laws was to protect people from “wrongful publicity.” This privacy-based protection was not limited to anonymous private citizens but applied to famous actors, athletes, and politicians. Beginning in the 1950s, the right transformed into a fully transferable intellectual property right, generating a host of legal disputes, from control of dead celebrities like Prince, to the use of student athletes’ images by the NCAA, to lawsuits by users of Facebook and victims of revenge porn. The right of publicity has lost its way. Rothman proposes returning the right to its origins and in the process reclaiming privacy for a public world.

Download or read book Confusion written by Stefan Zweig and published by Pushkin Press. This book was released on 2002-01-01 with total page 114 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the autumn of his days, a distinguished privy councillor contemplates his past and looks back at the key moments of his life. A reluctant and indolent student, he recalls a chance meeting with a reclusive professor and his frustrated wife, with whom he ends up sharing lodgings. His thirst for knowledge leads him to form an ambiguous and close relationship with the professor. But the professor harbours a secret which changes and scars both men for ever.

Download or read book Trademark and Deceptive Advertising Surveys written by Shari Seidman Diamond and published by American Bar Association. This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing on the issues that trademark surveys address, this book offers practical tools for recognizing and appreciating good survey methodology and distinguishing valuable evidence. The authors examine design and analysis topics relevant when presenting, defending, or critiquing a survey. Combining theory and practice in one resource, it features actual and hypothetical cases while discussing how the courts have addressed these issues. Current and authoritative, this book provides strategic guidance on how to identify important issues, understand options, and the best way to handle them.

Download or read book The Confusion written by Neal Stephenson and published by Harper Collins. This book was released on 2009-10-13 with total page 878 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the year 1689, a cabal of Barbary galley slaves -- including one Jack Shaftoe, aka King of the Vagabonds, aka Half-Cocked Jack -- devises a daring plan to win freedom and fortune. A great adventure ensues -- a perilous race for an enormous prize of silver ... nay, gold ... nay, legendary gold. In Europe, the exquisite and resourceful Eliza, Countess de la Zeur, is stripped of her immense personal fortune by France's most dashing privateer. Penniless and at risk from those who desire either her or her head (or both), she is caught up in a web of international intrigue, even as she desperately seeks the return of her most precious possession. Meanwhile, Newton and Leibniz continue to propound their grand theories as their infamous rivalry intensifies, stubborn alchemy does battle with the natural sciences, dastardly plots are set in motion ... and Daniel Waterhouse seeks passage to the Massachusetts colony in hopes of escaping the madness into which his world has descended. This P.S. edition features an extra 16 pages of insights into the book, including author interviews, recommended reading, and more.

Download or read book There Is Confusion written by Jessie Redmon Fauset and published by Courier Dover Publications. This book was released on 2020-05-21 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: "An important book" — The New York Times. Set in Philadelphia a century ago, this novel by a luminary of the Harlem Renaissance explores the struggle for social equality as experienced by members of the black middle class.

Download or read book Introduction to Intellectual Property written by Kerry Bundy and published by . This book was released on 2021-02-24 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction to Intellectual Property provides a clear, effective introduction to patents, copyright, trademarks, and trade secrets. The text may be used by students and instructors in formal courses, as well as those applying intellectual property considerations to entrepreneurship, marketing, law, computer science, engineering, design, or other fields. The luminaries involved with this project represent the forefront of knowledge and experience, and the material offers considerable examples and scenarios, as well as exercises and references.

Download or read book Trademark Law written by Siegrun D. Kane and published by . This book was released on 2002 with total page 950 pages. Available in PDF, EPUB and Kindle. Book excerpt: This all-new Fourth Edition of the benchmark one-volume guide to trademark law is marked by extensive new coverage, including vital analysis of: New trade dress case law interpreting the doctrine of utilitarian functionality in the wake of the Supreme Courts TrafFix decision. New issues before the Supreme Court regarding dilution protection under the Federal Trademark Dilution Act New Internet cases on jurisdiction and the effect of UDRP arbitration decisions on federal litigation. New case law under the recently revised Federal Rules of Evidence. Plus updated material on gray market goods and attorney/client and work product privileges, new tips on reaching settlement agreements, and the latest changes to the T.M.E.P. Filled with dozens of forms, documents, checklists, and color exhibits, Trademark Law provides you with all the field-tested, step-by-step guidance you need to select, search, use, reinforce, renew, defend, and expand trademarks. Comprehensive enough to serve new and experienced practitioners on both sides of trademark disputes.