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An Elephant In The Room Of Trademark Law, 2006.
An exploration of the theory of trademark dilution, focusing primarily on the impact it has had on plain vanilla trademark law, as well as on potential dilutors.
5,250 words (approx. 21.0 pages), 12 sources, APA, $ 130.95
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Abstract
This paper reviews trademark law in general, the development of trademark dilution and its codification within the US Federal code via the FTDA. The focus of this paper lies on the ramifications of the FTDA on trademark law itself, as well as on the economic ramifications such protection may have on potential dilutors in the future.
Contents:
The Situation
Trademarks: A Brief Explanation
Trademark Dilution: A Theory, Potentially Wrongfully, Codified in State and Federal Statute
The FTDA: Application Leads to Trouble Waters
Victoria's Secret offers Little Resolution
The Aftermath of the Federal Trademark Dilution Act and Victoria's Secret
Conclusion
From the Paper
"Developed in the 1920's by Frank I. Schechter, the theory of trademark dilution posits that certain trademarks have such a high value that their use in areas of commerce unrelated to those in which the protected mark is currently being used or might reasonably be used in the future, could serve to "blur" or "tarnish" the identifying capability of the protected mark. Dilution Laws, in turn, first began to appear in various states shortly after Schechter's theory was published.
Yet, the codification of trademark dilution, as specified by Schechter, into statute form may well be the foundation for the deluge of inconsistencies which have come to be associated with the doctrine, and, more specifically, the Federal Trademark Dilution Act."
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Trademark Law: Passing Off, 2005.
This paper reviews passing off in trademark law.
5,625 words (approx. 22.5 pages), 18 sources, APA, $ 199.95
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Abstract
In this article, the writer looks at passing off in trademark law. The writer discusses the issue of trademark infringement and the similarity of the "junior mark" to the "senior mark." The Lanham Act and law of unfair competition is also examined in this paper. The writer explains how passing off works.
From the Paper
"The famous Judge, Learned Hand, once stated that trademark law's underlying principle was preventing consumer confusion. The traditional cause of action under trademark law is for infringement which has its basis in the law of fraud ..."
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Trademark Law in Canada, 2002.
How trademark law impacts on business in Canada.
2,400 words (approx. 9.6 pages), 5 sources, $ 89.95
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Abstract
This study will look at trademark law and its impact on the business environment in Canada. It will take a critical look at the Trade-marks Act and look at the way it was applied in the Big Sisters Association of Ontario v. Big Brothers of Canada case. From this analysis it will be clear to see that the law, as it stands, is ambiguous and in need of clarification if it is to serve its objectives. Having shown this, however, it will also be argued that bringing more clarity in to the law is no easy task: some flexibility and room for interpretation will always be necessary if the law is to apply to a wide-spectrum of cases. Applicability comes at the cost of precision.
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Ernest Hemingway and the Trademark Law, 1999.
An overview of the relevant law and an analysis of the legalities of tbe use of Hemingway's name, legacy and image by Key West businesses, including "Sloppy Joe's International" and the Hemingway Festival.
5,400 words (approx. 21.6 pages), 12 sources, $ 135.95
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Abstract
An overview of the relevant law and an analysis of the legalities of tbe use of Hemingway's name, legacy and image by Key West businesses, including "Sloppy Joe's International" and the Hemingway Festival.
From the Paper
"Hemingway Days In Key West Florida: Publicity Rights under Law
Background
Over one hundred years ago, Samuel D. Warren and Louis D. Brandeis wrote a law review article in favor of a right to privacy (Warren and Brandeis, The Right to Privacy, 4 Harv. L. Rev. 193: 1890). After the New York Court of Appeals refused to recognize such right under the common law, Robertson v. Rochester Folding Box Co., 171 N.Y. 538, 64 N.E. 442 (1902) (unauthorized use of a young woman's photograph in advertisements for bags of flour), the New York State legislature enacted a statute in 1903 which prohibits use of a person's name, portrait or picture for advertising purposes or purpose of trade without the person's written consent (N.Y.C ..."
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Sports Law, 2005.
A sports law analysis focusing on trademark law.
690 words (approx. 2.8 pages), 3 sources, APA, $ 23.95
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Abstract
This sports law analysis focuses on trademark law and trademark licensing law and includes the issue, the rule of law, an application and a conclusion addressing the impact of these laws and the relationship between professional sports, journalists and business.
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Cyber-squatting, 2002.
Discusses trademark and patent laws on-line.
4,129 words (approx. 16.5 pages), 15 sources, MLA, $ 110.95
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Abstract
Cyber-squatting is the practice of registering a domain name on the internet, solely with the desire to make a profit off of someone else?s established name and reputation. This paper discusses the legal complications of cyber-squatting and explains the legal protection that webmasters have against cyber-squatting. The paper discusses laws such as the Lanham Act, the Federal Trademark Dilution Act, Anti-Cyber-squatting Consumer Protection Act and the Uniform Domain Name Dispute Policy. The paper reveals the loopholes which are found with the laws and the nature of the internet. Finally, the paper maps out all possible preventions and solutions that webmasters should consider once they have become a victim of cyber-squatting.
From the Paper
"There are many forms of cybersquatting. The most popular way a cybersquatter will strike occurs when he or she buys a trademarked word to use as a domain name. The reason that the squatter does this is to motivate the mark owner to offer to purchase the domain name from him or her. An easy way to spot this is if the website is ?Under Construction? for a long time (Domain Names and Trademark Law). Usually squatters of this kind will wait to have the mark owner find the domain name and complain. The squatter will then offer a solution to satisfy both their needs by selling it to them."
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Trademarks and Domain Names Dispute, 2004.
Discusses how trademarks and domain names disputes are resolved, focusing on the cyberspace disputes.
3,736 words (approx. 14.9 pages), 10 sources, APA, $ 103.95
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Abstract
"Trademarks and domain names are a poor fit. One admits many users to a particular space, the other admits only one,? says Diane Cabell of the Berkman Center for Internet and Society at the Harvard Law School. The paper critically examines this statement, while explaining how trademark and domain names disputes are resolved currently. The current practices involving cyberspace disputes are analyzed in terms of fairness and allocation of Internet resources of businesses. The paper also examines whether trademark laws should be applicable for resolving trademark and domain name disputes in cyberspace. Related case studies are highlighted and discussed.
From the Paper
"When an individual applies for a trademark, the trademarks are subjected to restrictions before they can be registered. Domain names on the other hand are on a first-come first serve basis. There is no legislation over what can be registered. Domain name applicants don?t need to show that they are the rightful owners and that means anyone can register any available domain name. It is much like the Wild West where the fastest and strongest will be able to register that particular domain name. Given such anarchy in cyberspace, it shows the inherent difficulty in governance."
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E-Commerce and Intellectual Property Law, 2008.
A review of the importance of patents, copyrights and trademarks as they relate to intellectual property law and e-commerce.
707 words (approx. 2.8 pages), 2 sources, APA, $ 25.95
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Abstract
This paper discusses intellectual property law as it relates to e-commerce and business on the Internet. It lists and describes the several types of trademark infringement that can occur in the realm of e-commerce. The paper specifically focuses on the importance of patents, copyrights and trademarks as they relate to intellectual property law.
Table of Contents:
Introduction
Knowledge is Key
Legal Protections
Summary
Conclusions
Recommendations
From the Paper
"Patents have become a popular method of protecting products sold over the Internet. If one company fails to obtain a patent for a product, another company is destined to do so. Although patents offer protection, they can also link several companies together in a web of "cross-licensing agreements". This is actually beneficial, as patent infringement can then be avoided, and at the same time, each company in the web earns a royalty (citing Anonymous, 1996; Mykytyn & Mykytyn, 2005, p. 51). Copyrights are also great protection for those companies using e-commerce to sell their goods. User interfaces and graphical displays are protected by copyrights, as they are considered output created by a program (citing Nimmer, 1997; p. 52). Additionally, E-commerce sites that link to one another without authorization are not only unethical, but are also a copyright infringement. Trademarks are also effective and can be "any word, phrase, slogan, graphic image, musical phrase, distinctive sound, or other symbol used in the offer and sale of goods" (p. 52). This is to protect the public from confusing or misidentifying two products that may be very similar."
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Intellectual Property Law - 'Passing Off', 2006.
A discussion on how the law of 'passing off' protects the descriptive and the functional.
1,894 words (approx. 7.6 pages), 3 sources, MLA, $ 60.95
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Abstract
This paper examines the intellectual property law of 'passing off'. The paper explains that the law of 'passing off' is a common law right of action in the law of tort and is based on the premise that 'nobody has any right to represent his goods as the goods of somebody else'. The paper looks at how the action is effectively one of unfair competition, and applies generally to situations where there is no registered trademark or any other intellectual property right. The paper then points out that a typical scenario would be when a defendant uses an unregistered trademark normally used by a claimant, and in so doing, represents the goods or services in such a way that the public is deceived into thinking that they are being offered by the claimant. The paper also explores how protection under the law of passing off is very much dependent on how much importance consumers place on the part when purchasing the product in question. In conclusion, the paper shows that the courts generally adopt a restrictive approach towards protecting the descriptive and the functional because granting such protection will have a negative effect on the market, and ultimately this is a question of fact, and the courts will look at all the circumstances of each case before making a decision.
From the Paper
"So long as these criteria are fulfilled, the claimant would have successfully established 'goodwill' for his goods or services, but a descriptive mark runs the greatest risk of becoming too distinctive over time that it is deemed generic. By losing its ability to indicate source, the claimant can no longer rely on the law of passing off to protect the mark. This danger has been highlighted by the case of Linoleum Manufacturing v Nairn [1878], where the public began using the term 'Linoleum' to refer to the product generally, without connoting the source of manufacture. As such, the courts will be reluctant to allow monopoly over such terms so as to promote healthy competition in the marketplace."
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Descartes' "Trademark Argument", 2005.
This paper analyzes, in terms of soundness and validity, Descartes' "Trademark Argument", which attempts to prove the existence of God.
1,340 words (approx. 5.4 pages), 0 sources, $ 45.95
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Abstract
This paper argues that Descartes' "Trademark Argument" can only be a sound argument if all the premises are true leading to a true conclusion; thereby, all the premises must be 100% true and there is no argument within an argument. The author points out that there is a problem in the first premise because Descartes says he has this idea of a perfect being but he doesn't mention anything else besides the fact that he has this idea of something perfect. The paper contends that Descartes' actually trying to prove that there is a God is just ridiculous because the author feels that God's existence is supposed to be based on a belief system; there are many religions held by many types of people in the world, and every religion seems to have their own God and own story behind how the world became into existence.
From the Paper
"The first thing Descartes said in his argument was, "I have an idea of a perfect being." Well his perfect being he is referring to is supposed to be God. Since Descartes' whole goal of this argument is to prove the existence of God, this was probably a good start to the argument. He kept it simple, and short without too many details. Once he had this idea, he probably might have been thinking how this idea came to him, which brings up the next premise in his argument."
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Patents and Trademarks, 2003.
Explores the similarities between two kinds of intellectual property.
1,165 words (approx. 4.7 pages), 3 sources, MLA, $ 40.95
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Abstract
Although both are pieces in the intellectual property puzzle, they are treated in dissimilar ways, which is why differences exist between the two properties. This paper looks at the relationship between a patent and intellectual property and how it is unique in the sense that it depends on how the patent is used. It discusses how some may think that a patent is the most useful tool in intellectual property, but trademarks are just as necessary. Along with keeping up appearances, trademarks also have a social side effect of improving the quality of language.
From the Paper
" ?Good trademarks do not wear out or expire. Well-chosen marks become more valuable as goodwill grows. Trademarks are often the most important assets of established businesses.? Patents and trademarks, though they are both major players in intellectual property, have some very distinct differences. Patent laws protect inventions and discoveries, whereas trademarks protect unique symbols or words that ?identify for consumers the goods and services manufactured or supplied by particular persons or firms? (Fisher 11/30/98). For example, a patent will protect the invention itself (a tire), and the trademark will protect the name of it (Firestone). Patents were created to increase and protect innovation. They allow the creator to have a temporary monopoly on selling the good so s/he may recoup the cost of invention. Trademarks, however, were fashioned to increase and protect good will for the firm. They move toward creating and then sustaining a customer base. Trademarks also have the side effects of improving the quality of language. Patents do not improve the quality of language, but do improve ?the quality of life? per se provided a patent persuades individuals to act in accordance with the good of society. Patents encourage individuals to invent, innovate, and create things that somehow are useful, efficient, and new to the world."
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Trademark Laws, 1993.
History and purposes of these laws examined while comparing Canada & U.S. Looks at the protection of ownership, infringement, major cases & decisions.
3,150 words (approx. 12.6 pages), 10 sources, $ 111.95
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From the Paper
"Each year billions of dollars are spent on advertising products to the American consumer. Much of the success of this endeavor is directly related to how well a product's brand name is recognized by the public. For companies such as Kodak, Coca Cola and IBM, brand identification is of utmost importance in the competitive world of sales. Thus, protection of the brand name, or trademark, is an ongoing battle they are prepared to wage through whatever legal means are possible, especially when it comes to comparative, unfair and/or misleading advertising.
The purpose of this paper will be to discuss trademarks and their relation to unfair competition, including outlining the definition of a trademark, and providing a brief overview of its history. The research will then focus on unfair practices in relation to the infringement of trademarks, how the law has been.."
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Trademark Laws in U.S. & Canada, 1993.
Involving unfair advertising & competition, piracy & other infringements. Examples, recommendations and global aspects.
3,375 words (approx. 13.5 pages), 7 sources, $ 119.95
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From the Paper
" This study is concerned with trademark laws in the United States and Canada and how they relate to unfair advertising or competition, as well as how effective they are in stopping piracy and other trademark infringements. It will be argued that, while recent legislation within these two countries has made trademark infringements more difficult, trademark law still needs further definition in the international sphere.
Since the 1870s, trademark rights in the United States have arisen out of the marks in commerce, the basic premise being "no trade, no trademark." The federal trademark statute enacted in 1946 required U.S. trademark owners to submit proof of prior use when applying to register their marks in the Patent and Trademark Office. In 1989 changes in trademark legislation within the United States gave domestic firms an edge in competing against.."
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Trademark Law in Canada and the U.S., 1993.
A look at the history, defintion, function and provisions with an emphasis on infringement cases.
2,475 words (approx. 9.9 pages), 41 sources, $ 87.95
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From the Paper
"Trademark Law in Canada and the United States
This paper will examine trademark law in Canada and the United States, paying particular attention to infringement upon registered marks. The first part of the paper will briefly examine the history of trademark protection in the two countries; the second part will deal with infringement problems in the United States; the third part will look at infringement problems in Canada.
Historical Background
The protection of marks and names which identified the maker of certain goods dates back to the early years of English common law. It was not uncommon for unscrupulous competitors to copy the identifying mark of a well-respected manufacturer or merchant in order to "pass-off" their goods as those of the more famous..."
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Intellectual Property Rights, 2008.
The paper discusses two main aspects of intellectual property rights; trademark infringements and patent infringements. An overview, case study and conclusion is given for each topic.
1,192 words (approx. 4.8 pages), 3 sources, MLA, $ 40.95
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Abstract
There are two main topics in this paper dealing with intellectual property rights; trademark infringements and patent infringements. The paper provides an overview of each topic including case law and a conclusion for each section. The paper reaches the conclusion that the patent protection and infringement process is substantially more complex than that of the trademark infringement violation.
Outline:
Trademark Infringement
Overview
Case Law
Conclusions
Patent Infringement
Overview
Case Law
Conclusions
From the Paper
"Essentially, infringement of a patent occurs if one's protected item or process was sold or used without permission and/or compensation in any country where a patent has been granted to a party. This applies to Canada as well as any other country. Obviously no patent protections will be provided in a market in which a patent has either not been applied for or where the patent process does not exist in any mature form."
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