Download or read book Trademarks Comparative Advertising and Product Imitations written by Tim W. Dornis and published by . This book was released on 2017 with total page 50 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative advertising is a daily phenomenon in the modern landscape of commercial communication. Interestingly, however, a deep dichotomy exists between the American legal doctrine on comparative advertising and its European counterpart. Whereas American lawyers have cultivated a rather liberal stance, Europe has preserved its historical penchant for prohibiting comparative advertising. This divergence is puzzling when it concerns the handling of so-called imitation claims and product comparison lists, especially with respect to luxury perfumes and smell-alikes, or other exclusive products and their cheaper imitations. European lawmakers, pressured by the French perfume industry, have integrated a per se prohibition on imitation claims into the European Directive on Misleading and Comparative Advertising. On the other hand, in the U.S., there is virtually no restriction on imitation claims and comparison lists beyond the prevention of consumer confusion and deception. Indeed, the Lanham Act expressly excludes trademark dilution claims in cases of comparative advertising. To date, however, there has been no comprehensive economic analysis of this panorama. This article seeks to fill that gap. In conducting such an analysis, it reveals severe defects in both the American and European rules on comparative advertising. It also provides the basis for a more specific reconceptualization of the field and helps formulate a theoretical and practical framework for lawmaking and policymaking.
Download or read book Comparative Advertising Disparagement and Trademark Infringement written by Saadiya Suleman and published by . This book was released on 2018 with total page 33 pages. Available in PDF, EPUB and Kindle. Book excerpt: Advertising pervades society and has become a persuasive force working on collective mentality of the public affecting their behaviour. Advertisements create brand image and reinforce it time and again. Traditionally, advertisers sought to present their goods and services in the most favourable light as possible, attempting to influence the public by highlighting the merits of their product or services. However, the early seventies of the last century, ushered a new era of advertising wherein comparative advertisements and commercials identified the competitors products by name. This has created new issues relating to unfair competition, disparagement and trademark infringement. For the purpose of proclaiming his goods as being the best in the world one might be tempted to compare the advantages of his goods over the goods of others. However, while saying his goods are better than his competitors', can one be allowed to say that the competitors' goods are bad? Does that not amount to slandering/disparaging the goods of his competitors? What if the goods advertised are actually better in quality than those of the competitors? Can a seller use a competitor's trademark in advertisement while comparing the relative qualities of the competitive goods? Or would such use for the purpose of distinguishing and claiming superiority over the competitors' product, in the course of advertisement without the permission of the trademark owner constitute trademark infringement? The paper seeks to analyse the intricacies of law involved in the concept of comparative advertising in relation with product disparagement and trademark infringement.
Download or read book The Psychology Behind Trademark Infringement and Counterfeiting written by J. L. Zaichkowsky and published by Psychology Press. This book was released on 2020-04-01 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: As those involved in commerce are aware, preventing competitors and others from imitating successful brands is a difficult and costly task. This book serves to inform the reader concerning complexities of the issues of brand imitation, integrating the disciplines of psychology, business, and law to the area of trademark infringement and counterfeiting. Principles and theories from psychology and how they are relevant to consumers' perceptions in the marketplace are used to explain why competitors steal the intellectual property of another company or entity. The possibility of brand imitation or counterfeiting should be contemplated in designing new products or brand packaging, just as it is in the printing of currency. It is the intent of The Psychology Behind Trademark Infringement and Counterfeiting to provide those involved in commerce with some understanding, some ideas, and perhaps some strategy for building differentiated brands that are easy to protect. Brand managers, expert witnesses to trademark cases, intellectual property lawyers, and academics of consumer behavior and marketing will find this book useful to understanding consumer motives and processes of trademark infringement and counterfeiting. It could be used as a textbook in courses on marketing.
Download or read book Comparative Advertisement and Infringement of Trademarks written by Apoorva Sharma and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The last half of the past century has seen the rise in marketing strategy and the importance of advertisement as a necessary tool to sell products. Companies are ready to go to any length to make their product reach out to public in big way. From using a pug to having alien-like dressed people selling their product, from cola wars we have seen it all. Initially where the focus was to project their product as the best by in numerating its quality, the advertising world has shifted to the fiercer competitive mode of showing my product is better than the other. This type of advertising known as comparative advertising has made the advertising world not only to hire celebrities to sell the product but also to involve trade mark or in a wider term the trade dress of the products. In first part of the paper, I would define what is comparative advertisement and why the rule of trade mark protection be limited to the areas which would confuse the consumers by way of professors Ralph's theory, and why its expansion would result against public interest. In the second part, I would explain how the law have changed for protection of trademark in India with the help of case laws and how it is protected in other countries. In the third part, I would explain how comparative advertisement benefits the consumer and lastly I would like to conclude by highlighting the need of fair competition for consumer welfare.
Download or read book The Cambridge Handbook of International and Comparative Trademark Law written by Irene Calboli and published by Cambridge University Press. This book was released on 2020-09-24 with total page 1176 pages. Available in PDF, EPUB and Kindle. Book excerpt: Trade in goods and services has historically resisted territorial confinement, but trademark protection remains territorial, albeit within an increasingly important framework of multilateral treaties. Trademark law therefore demands that practitioners, policy-makers and academics understand principles of international and comparative law. This handbook assists in that endeavour, with chapters describing and critically analyzing international and regional frameworks, and providing comparative perspectives on the substantive issues in trademark law and related fields, such as geographic indications, advertising law, and domain names. Chapters contrast common law and civil law approaches while focusing on the US and EU trademark systems in light of the role these systems have played in the development of trademark laws. Additionally, this handbook covers other jurisdictions, both common law and civil law, on the Asia-Pacific, African, and South American continents. This work should be read by anyone seeking a better understanding of trademark law around the world.
Download or read book Brands Trademarks and Advertising written by Rodney D. Ryder and published by . This book was released on 2003 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: On the legal protection of brands from copying, counterfeiting, and unfair competition.
Download or read book The Handbook of International Advertising Research written by Hong Cheng and published by John Wiley & Sons. This book was released on 2014-01-21 with total page 574 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely handbook brings academic excellence to international advertising research in the form of 28 contributions from over 40 leading scholars. The handbook’s comprehensive treatment highlights existing knowledge, reports major findings across the subject, and recommends directions and agendas for future research. Fills the existing gap between the rapid growth in scholarly research on international advertising and the pressing need for more high-quality research in the area Covers 28 major areas in international advertising research, with contributions from more than 40 international advertising scholars based in over 10 countries or territories Comprehensive treatment includes the history of international advertising, audiences and media, strategy and execution, content effects, regulation, ethics, and advertising education Highlights existing knowledge in international advertising, reports major findings on a broad range of topics, and offers expert recommendations on directions for future research Contributors represent the most highly respected academics among international advertising researchers
Download or read book Arbitrating Brands written by Metka Potočnik and published by Edward Elgar Publishing. This book was released on 2019 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: In light of the controversy of the Philip Morris cases against Australia and Uruguay, this book systematically explores trade marks and brands as foreign direct investment, and in particular their substantive protection under international investment treaties. With the use of various hypothetical examples of devaluation of investments made in brands, the book explores the specifics of arbitrating investment claims arising out of state trade mark regulation. This work aims to establish useful tools in bridging the terminological and analytical gaps between experts in intellectual property law and international investment law.
Download or read book The Enforcement of Intellectual Property Rights A Case Book written by L.T.C. Harms and published by WIPO. This book was released on 2012-12 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: With this publication, WIPO and the author aim at making available for judges, lawyers and law enforcement officials a valuable tool for the handling of intellectual property cases. To that effect, the case book uses carefully selected court decisions drawn from various countries with either civil or common law traditions. The extracts from the decisions and accompanying comments illustrate the different areas of intellectual property law, with an emphasis on matters that typically arise in connection with the enforcement of intellectual property rights in civil as well as criminal proceedings.
Download or read book Passing Off and Misappropriation written by Peter Joachim Kaufmann and published by Max Planck Institute for Foreign and International Patent Company. This book was released on 1986 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Practical Guide to Comparative Advertising written by Ruth M. Corbin and published by Academic Press. This book was released on 2018-11-22 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: Practical Guide to Comparative Advertising: Dare to Compare is an authoritative, engaging handbook on comparative advertising for food and non-food consumer products. Claim substantiation is a common stakeholder interest among management, advertisers, lawyers and researchers. This handbook covers the corporate culture and strategic goals that encourage comparative advertising, laws and regulations, standards for research evidence, and examples that bring the concepts to life. Of particular value to corporate brand managers, the book includes a checklist of process steps and quality controls that allow managers to orchestrate comparative ad campaigns and manage the risk of complaints from indignant competitors. Alerts research, development and marketing professionals to potential competition issues and legal concerns Provides a reference source for courts of law with respect to accepted industry standards and practices Presents an authoritative perspective, in plain language, on laws and regulations governing comparative advertising, and on worldwide standards governing research evidence in support of advertising claims Covers food and beverage, nutritional supplements, cosmetics and other consumer advertised products
Download or read book Intellectual Property Law written by Lionel Bently and published by Oxford University Press. This book was released on 2022-10-31 with total page 1561 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intellectual Property Law is the definitive textbook on the subject. The authors' all-embracing approach not only clearly sets out the law in relation to copyright, patents, trade marks, passing off, and confidentiality, but also takes account of a wide range of academic opinion enabling readers to explore and make informed judgements about key principles. The particularly clear and lively writing style ensures that even the most complex areas are lucid and comprehensible. Digital formats and resources The sixth edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbook.co.uk/ebooks
Download or read book Defending Your Brand Against Imitation written by Judith Lynne Zaichkowsky and published by Greenwood. This book was released on 1995 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Zaichkowsky (marketing, Simon Fraser U., Canada) draws upon research in consumer behavior to explain the history, evolution, and prevalence of the problem of brand imitation. Of special interest to marketing managers are her methods for guarding against brand imitation. Annotation copyright by Book News, Inc., Portland, OR
Download or read book The Law of Advertising in Ireland written by Patrick Ambrose and published by Bloomsbury Publishing. This book was released on 2015-10-29 with total page 717 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of Advertising in Ireland identifies both the general and specific laws and regulations that apply to the advertising of products and services in Ireland. Divided into two parts, the first focuses on law, regulation and other key issues to be considered when advertising generally, for example consumer protection and contract law. The second part contains separate chapters on specific advertising law, regulation and codes of practice imposed on certain industries or services, for example financial services, solicitors and alcohol advertising.
Download or read book Community Trade Mark Law written by Frank Bøggild and published by Kluwer Law International B.V.. This book was released on 2015-12-23 with total page 714 pages. Available in PDF, EPUB and Kindle. Book excerpt: The introduction in Europe in 1996 of the Community trade mark (CTM) brought into being a new and independent trade mark system with its own sources of law, its own procedures, and its own administrative and judicial bodies, notably the Office for Harmonization in the Internal Market (Trade Marks and Designs) (OHIM), the agency designated to process applications for the registration of CTMs. In 2011, OHIM for the first time received 100,000 applications in one and the same year – which was also the year in which the one millionth application was filed. Case law of the European Court of Justice (ECJ) and the European General Court (EGC) on the interpretation of the Trade Mark Regulation and the Trade Mark Directive is – together with decisions of OHIM and its Boards of Appeals – absolutely central to the understanding of Community trade mark law, including the trade mark laws of Member States. This book offers an in-depth scrutiny, categorization, and analysis of this extensive body of case law. Focusing on issues of practical relevance for practitioners, the chapters cover such aspects of Community trade mark law as the following: • OHIM's procedure for registration; • the appeals system (OHIM's Boards of Appeals, the EGC, and the ECJ); • trade mark strategies; • absolute and relative grounds for refusal; • three-dimensional trade marks; • non-registered national trade marks and registration in bad faith; • trade marks with a reputation; • acquired distinctiveness; • trade mark functions and use as a trade mark; • limitations of exclusivity; • nature and extent of genuine use; • grounds for revocation and invalidity; • transfer of trade marks and licensing; • national trade mark courts. Also covered are the pending and proposed amendments to the Trade Mark Regulation and the Trade Mark Directive. This book covers in depth the practical applications of this important and much-used body of law. It will be of enormous value and benefit to company lawyers, attorneys, trade mark attorneys, and anyone else dealing with trade mark law, whether on a Community level or nationally.
Download or read book Trademark Rights Comparative Advertising and perfume Comparison Lists written by Tim W. Dornis and published by . This book was released on 2014 with total page 33 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Transnational Intellectual Property Law written by Robert P. Merges and published by Edward Elgar Publishing. This book was released on 2018-04-27 with total page 679 pages. Available in PDF, EPUB and Kindle. Book excerpt: As companies and organisations increasingly operate across national boundaries, so the incentive to understand how to acquire, deploy and protect IP rights in multiple national jurisdictions has rapidly increased. Transnational Intellectual Property Law meets the need for a book that introduces contemporary intellectual property as it is practiced in today’s global context. Focusing on three major IP regimes – the United States, Europe and China – the unique transnational approach of this textbook will help law students and lawyers across the world understand not only how IP operates in different national contexts, but also how to coordinate IP protection across numerous national jurisdictions. International IP treaties are also covered, but in the context of an overall emphasis on transnational coordination of legal rights and strategies.
