scholarly journals Vigeland and the Status of Cultural Concerns in Trade Mark Law – The EFTA Court Develops More Effective Tools for the Preservation of the Public Domain

2017 ◽  
Vol 48 (6) ◽  
pp. 683-720
Author(s):  
Martin Senftleben
Keyword(s):  
Trade Mark ◽  
Public Domain ◽  
The Public ◽  
The Status ◽  
Trade Mark Law

Called to Become a Blessing

2015 ◽  
Vol 9 (4) ◽  
pp. 397-411
Author(s):  
Martin Prudký
Keyword(s):  
Public Domain ◽  
Status Quo ◽  
Religious Traditions ◽  
The Public ◽  
Ancient Israel ◽  
The Status ◽  
Book Of Genesis ◽  
Relationship Of ◽  
The Relationship ◽  
European Civilization

The religious traditions and texts of ancient Israel have shaped European civilization and culture in a fundamental way. One of the key motifs that the Hebrew Bible has contributed to the formation of the spiritual traditions of this culture is the conception that faith entails a ‘stepping out’ of the status quo on the new journey to which God calls a person. An archetypal story in this respect is the narrative concerning the call of Abram (Gen. 12:1–3). This paper presents the basic motifs of Abram’s call in the context of the book of Genesis and sketches their impact on subsequent religious traditions. It pursues the question of the relationship of vocation and mission (of ‘stepping out’ and ‘charting a course’), which are two fundamental aspects of Abraham’s role as ‘the father of the faith’. In addition, this paper reflects on these motifs’ potential to impact the public domain.

scholarly journals Mirabai in Popular Imagination

2020 ◽  
Vol 19 (2) ◽  
pp. 67-81
Author(s):  
Ritu Varghese
Keyword(s):  
Sixteenth Century ◽  
Public Domain ◽  
Time And Space ◽  
Popular Imagination ◽  
Mahatma Gandhi ◽  
The Public ◽  
The Status ◽  
Royal Identity ◽  
Swami Vivekananda

The immense popularity of Mirabai, the sixteenth-century bhakti poet-saint, transcends time and space. Beliefs have it that she renounced her kshatriya and royal identity for spiritual pursuits in the public domain. She was challenged, critiqued, ostracised, and castigated within her community and was labelled as a woman of questionable character. Mirabai wandered to various places, singing and dancing to bhajans negotiating the public and the private while becoming both virtuous and promiscuous in multiple narratives. Mirabai has been accommodated within the marginalised and subaltern communities and gradually, a community of destitute women has formed around her. With the revival of Mirabai during the Indian ‘nationalist’ period by popular spokespersons such as Swami Vivekananda and Mahatma Gandhi as an ‘ideal’ and ‘chaste’ historical character in their public speeches and private letters, the promiscuous image of Mirabai, perpetuated through centuries, witnessed transgressions and she was eventually elevated to the status of a saint. This paper with literary, biographical and hagiographical representations explores the mechanism of the paradoxical plane that allowed the promiscuous image of Mirabai to achieve sainthood and become a cult name in the bhakti tradition.

Collective Marks and Certification Marks

2017 ◽  
Author(s):  
Annette Kur ◽  
Martin Senftleben
Keyword(s):  
Trade Mark ◽  
Quality Level ◽  
Quality Changes ◽  
Product Characteristics ◽  
Trade Marks ◽  
The Public ◽  
Consumer Expectations ◽  
Trade Mark Law ◽  
Commercial Source ◽  
Collective Marks

It is a defining feature of ‘ordinary’, individual trade marks that they indicate a single commercial source. Collective marks and certification marks, by contrast, are meant to signify membership in an association, or a particular quality, or compliance with other, specific conditions. Furthermore, while an individual mark’s quality function, that is, consumer expectations with regard to the quality level and the consistency of product characteristics, is in most cases only indirectly protected, meaning that competitors or members of the public cannot request sanctions under trade mark law in case that quality changes occur (see Chapter 7, sections 7.2.3 and 7.6.4.4.2), collective marks and certification marks risk losing their validity when the standards they are meant to indicate are neglected.

Intellectual Property Law

2018 ◽  
Author(s):  
Lionel Bently ◽  
Brad Sherman ◽  
Dev Gangjee ◽  
Phillip Johnson
Keyword(s):  
Intellectual Property ◽  
Private Information ◽  
Legal Regulation ◽  
Trade Mark ◽  
Patent Law ◽  
Property Law ◽  
Intellectual Property Law ◽  
The Public ◽  
Wide Range ◽  
Trade Mark Law

Intellectual Property Law provides a detailed analysis of intellectual property law with reference to a wide range of academic opinion, giving a broad context for exploring the key principles of the subject. In this fifth edition, the introduction has been updated to take account of Brexit. Important developments covered include the introduction of a doctrine of equivalents into UK patent law, the reforms of EU trade mark law (particularly with respect to ‘representation’ of marks, and the ‘functionality exclusions’), and the development of the concept of ‘communication to the public’ by the CJEU. The book covers a number of areas of intellectual property law including copyright, patents, the legal regulation of designs, trade marks and passing off, confidential information, and litigation and remedies. The volume includes a new chapter on the tort of misuse of private information.

scholarly journals The Challenges of Prior Use to New Zealand Registered Trade Mark Law

2014 ◽  
Vol 45 (2) ◽  
pp. 257
Author(s):  
Rob Batty
Keyword(s):  
New Zealand ◽  
Trade Mark ◽  
Trade Marks ◽  
The Public ◽  
Consumer Confusion ◽  
Prior Use ◽  
Trade Mark Law ◽  
Trade Mark Registration

Under the Trade Marks Act 2002, the registrant of a trade mark is provided with the exclusive rights to use its trade mark. Priority to such exclusive rights is awarded to the person who files a trade mark application first. A searchable Register of trade marks enables traders and the public to see which trade marks have already been registered and by whom. This seemingly certain system is complicated by the continuing relevance of unregistered trade marks under New Zealand law. The first user of a trade mark in the marketplace is considered the true "owner" or "proprietor" of a trade mark. A prior user of an unregistered mark is able to prevent registration of a trade mark, or cancel an existing trade mark registration, even when the application was filed in ignorance of any prior use and where there is no prospect of consumer confusion. This article explores the unsatisfactory nature and consequences of this law of "proprietorship" and questions its continuing relevance. 

Cancellation and Loss of Trade Mark Rights

2017 ◽  
Author(s):  
Annette Kur ◽  
Martin Senftleben
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Trade Mark ◽  
Public Domain ◽  
Point Of View ◽  
The Public ◽  
Finite Duration ◽  
Goods And Services ◽  
The Right

Different from other intellectual property rights, rights vested in a trade mark do not have a finite duration; they can last ‘forever’. Under systemic aspects this is due to the fact that as long as the message conveyed by the sign is correct it would be contrary to the interest of consumers to let it lapse and fall back into the public domain. Also, from a competition point of view there is no need to terminate protection as long as the right holder keeps using the sign and the designated goods and services themselves are not subject to market exclusivity.

The European Trade Mark System

2017 ◽  
Author(s):  
Annette Kur ◽  
Martin Senftleben
Keyword(s):  
Common Law ◽  
Civil Law ◽  
Trade Mark ◽  
The Public ◽  
Legal Traditions ◽  
System P ◽  
Trade Mark Law ◽  
Policy Objectives ◽  
European Trade ◽  
Original Objective

Before the harmonization of trade mark law in the EU, the legal traditions in the Member States of the European Economic Community were divided into common law systems and civil law systems, with certain differences also prevailing between the latter. In all countries alike, the original objective underlying the protection of commercial signs had been to indicate property of goods offered in the marketplace or to enable national authorities to control the quality, kind, or amount of production. In the age of industrialization, the concept developed into the notion of signs indicating origin of goods stemming from private enterprises, with the accent being placed on different aspects of that concept. In civil law countries, the emphasis lay on indicating that a particular business had ‘ownership’ of a sign. Thus, the legislature saw its foremost task in establishing a secure and transparent system for the acquisition and maintenance of ownership, and offering trade mark owners the legal means necessary for defending the mark against illicit use by unauthorized others. In common law, the accent lay on the prevention of passing off, which was considered a task in the public interest rather than serving private commercial aims. In contrast to continental civil law, creating a public register and admitting private claims against infringement were not tantamount to acknowledging a proprietary right in trade marks. Instead, these measures were taken to efficiently support the public policy objectives underlying trade mark law.

Introduction: The Likelihood of Confusion

2019 ◽  
Author(s):  
Ilanah Fhima ◽  
Dev S. Gangjee
Keyword(s):  
Public Interest ◽  
Trade Mark ◽  
Purchasing Decisions ◽  
Systematic Analysis ◽  
The Public ◽  
Goods And Services ◽  
Intuitive Appeal ◽  
Likelihood Of Confusion ◽  
Trade Mark Law

Confusion is the lynchpin of trade mark law. As a cause of action, it has something to offer everyone: trade mark owners are protected from those trying to reap the benefits of their investment in their mark and brand, the public interest is served because consumers are protected from making mistaken purchasing decisions, and consequently, a differentiated market for goods and services can operate. The prevention of confusion also has intuitive appeal. We have all been confused; policymakers, judges, academics, practitioners, and members of the public alike. Indeed, we have probably all made erroneous decisions in the marketplace. Yet, despite (or perhaps because of) the ease with which likely confusion provides the traditional rationale for trade mark protection, it is under-analysed and under-studied. In particular, it is our belief that the very intuitiveness of confusion has resulted in little systematic analysis considering the exact ingredients that make up a claim of confusion.

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