Trade Mark Functions in Business Practice: Mapping the Law Through the Search for Economic Content

The article considers the present state of the law of character merchandising. It questions whether the law relating to character merchandising should be further developed and extended so as to give an individual a comprehensive right to prevent the unauthorised use of aspects of his personality by third parties in connection with the promotion or sale of goods or services. In this context the article rejects the creation of new comprehensive remedies such as a tort of appropriation of personality as being undesirable and impractical. The article maintains that unauthorised acts of personality appropriation or use are already subject to adequate legal control through the law of trade marks and passing off. In this regard the article further suggests that tortious remedies such as defamation, malicious falsehood, and, in restricted circumstances copyright, provide effective sanctions against the unauthorised use of an individual's persona in commercial enterprises in particular and special circumstances. These remedies supplement and complement the principal remedies provided by trade mark protection and passing off.

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Pośrednie umieszczenie nazwiska komandytariusza w fi rmie spółki komandytowej w świetle art. 104 § 4 k.s.h

Studenckie Prace Prawnicze, Administratywistyczne i Ekonomiczne ◽

10.19195/1733-5779.24.2 ◽

2018 ◽

Vol 24 ◽

pp. 21-31

Author(s):

Mateusz Grześków

Keyword(s):

Limited Liability ◽

Business Practice ◽

Conflict Of Laws ◽

Natural Person ◽

The Law ◽

Liberal Approach ◽

Polish Code ◽

Limited Liability Partnership

The indirect placement of a limited partner’s surname in business name of a limited liability partnershipIn the limited liability partnership, whose general partner is a non-natural person, there is a possibility that in its business name may occur an indirect placement of a limited partner’s surname when general partner’s business name contains surname of a limited partner. Accordance to art. 104 § 3 of Polish Code of Commercial Companies CCC limited liability partnership’s business name shall contain full business name of at least one of its general partners who are non-natural persons. In the result art. 104 § 4 CCC is infringed by the force of the law itself. This conflict of laws can be resolved by application of either lingual or functional interpretations of these contracting to each other provisions. Due to the needs of business practice, more liberal approach to the application of art. 104 § 4 should be adopted. Additionally, it would be wrong to punish entities who are acting in accordance with law for obeying it. Finally, the indirect placement of a limited partner’s surname in the business name of a limited liability partnership shall not result in holding limited partner liable for its debts.

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Tax treatment of dividends and alternative for shareholders. Tax treatment of dividends and alternative for shareholders

Journal Public Economy ◽

10.35429/jpe.2020.7.4.9.20 ◽

2020 ◽

pp. 9-20

Author(s):

José Luis Bárcenas-Puente ◽

Miguel Ángel Andrade-Oseguera

Keyword(s):

At Risk ◽

Income Tax ◽

Business Practice ◽

The Other ◽

General Law ◽

Financial Consequences ◽

The Law ◽

Set Up ◽

Compliance With The Law ◽

The One

In simple terms, a shareholder is a person who puts their money at risk by providing it to a business, what we call investment, which, if it generates profits, these are distributed in proportional parts to each partner, called dividends. In this way, the payment of dividends to shareholders represents the fair remuneration to the risk assumed. Dividend income is regulated in the Law on Income Tax and its correlation with the General Law of Commercial Companies, through precise guidelines. However, average business practice does not follow these provisions. Indeed, shareholders have money during the year in amounts on considerable amounts, without following any legal formality; thus facing fiscal and financial consequences. On the one hand, then, there is a reasonable right to remuneration and, on the other hand, compliance with the law. That is why alternatives to the old problem, of the checks without verification, set up as fictitious dividends.

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Rights of Redress on Supply of Goods under Consumer Protection Act 1999: The Issue of Halal Logo

Malaysian Journal of Social Sciences and Humanities (MJSSH) ◽

10.47405/mjssh.v6i10.1044 ◽

2021 ◽

Vol 6 (10) ◽

pp. 437-442

Author(s):

Nasihah Naimat ◽

Elistina Abu Bakar

Keyword(s):

Content Analysis ◽

Consumer Protection ◽

Business Practice ◽

Analysis Method ◽

Consumer Protection Act ◽

Content Analysis Method ◽

The Law ◽

Rights And Interests ◽

The Right

Halal logo is designed to protect consumers from fraud and mislabelling. However, over the years, there has been a controversy surrounding the use of a false halal logo to attract Muslim consumers to buy certain goods. The act of unethical business practice to attract consumers to buy their goods have caused some misunderstanding among consumers regarding the halal status of such goods. Therefore, the law is the most important mechanism in protecting the rights and interests of consumers to claim compensation if their rights have been violated. Under the Consumer Protection Act (CPA) 1999, it puts a responsibility on suppliers and manufacturers to ensure that the goods supplied are the same as specified. However, the question arises as to the extent to which consumers have the right of redress under the CPA 1999 in the issue of supplying false halal logo goods. By using the content analysis method, this article aims to analyze the scope and provisions of the CPA 1999 that govern matters relating to the supply of goods. The discussion of this article reveals that Part VI and VII of the CPA 1999 contains several loopholes that must be addressed in order to provide better rights of redress to consumers on the issue of supplying false halal logo goods.

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The interpretation practice of The European Court of Justice while judging the conflict between labelling applied as trademark with elderly right of another person

Acta Universitatis Agriculturae et Silviculturae Mendelianae Brunensis ◽

10.11118/actaun201058030085 ◽

2010 ◽

Vol 58 (3) ◽

pp. 85-90

Author(s):

Hana Kelblová

Keyword(s):

Consumer Protection ◽

Trade Mark ◽

European Court Of Justice ◽

Patent Office ◽

Trade Marks ◽

Court Of Justice ◽

Likelihood Of Confusion ◽

European Court ◽

The Law

The article deals with the verification of the starting hypothesis of complementariness of the law of consumer protection and the law of intellectual property. In order to achieve that goal the author analyzes individual the Czech Trade Marks Act from the standpoint of protection of rights and interests of consumers.The article follows the categorical requirement of a public law rule, the Consumer Protection Act, which prohibits deceiving consumers and establishes that deceiving may also consist in offering products and services unjustified designated by misleading trade mark.The consumer is deceived most frequently when trade marks are used for designation of products and their promotion. The Trade Marks Act may be analyzed in relation to consumer protection first from the standpoint of consumer protection against trade marks misleading someone about the origin and quality of products and services designated by them. Then it is possible to examine the question whether requirements of a designation for being registered as a trade mark are at the same time those attributes of the trade mark which meet the declared intention of the lawmaker, i.e. that the trade mark should be a source of information for the consumer about the origin and quality of the product designated by it.Especially, the article deals with an interpretation of the conception „Likelihood of Confusion“ as the fundamental conception while judging the conflict with elderly trademarks applying for the registration into the list of The Patent Office.A perception of an average consumer is a fundamental factor for a judgement of „Likelihood of Confusion“ as results from the decision practice of The Czech Patent Office, Czech courts and The European Court of Justice. This is proof of the conclusion that rules of the Trademark Law are rules of the Consumer protection Law.

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ANALISA PUTUSAN PENGADILAN TERKAIT PENGHAPUSAN MEREK YANG TIDAK DIGUNAKAN MENURUT UNDANG-UNDANG NOMOR 15 TAHUN 2001 TENTANG MEREK

JURNAL MEDIA HUKUM DAN PERADILAN ◽

10.29062/jmhp.v4i1.4 ◽

2018 ◽

Vol 4 (1) ◽

pp. 51-70

Author(s):

Patricia Irinne Alpha Centaury

Keyword(s):

Legal System ◽

Trade Mark ◽

The Law ◽

Local Company

Based on the provisions of Article 61 paragraph (2) letter (a) of Law No. 15 of 2001 explains that the brand can be removed from the list of the brands if the brand is not used for three (3) consecutive years from the date of the last registration. One of the problems arise when the brand "IKEA" a famous Sweden brand was successfully removed from the General Registration Brands by a local company. On this research, legal system which are used as a comparison regarding the removal of the brand are the Law Number 15 2001, Sweden Trade Mark Act and the Singapore Trade Mark Act

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Essentials of trade mark law and the law of passing off

Information Technology and Intellectual Property Law ◽

10.5040/9781526506870.ch-013 ◽

2019 ◽

Keyword(s):

Trade Mark ◽

Passing Off ◽

Trade Mark Law ◽

The Law

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Is it Safe to Call Something Safe? The Law of Puffing in Advertising

Journal of Public Policy & Marketing ◽

10.1177/074391568700600111 ◽

1987 ◽

Vol 6 (1) ◽

pp. 157-170 ◽

Cited By ~ 10

Author(s):

Joshua Honigwachs

Keyword(s):

Business Practice ◽

Current Status ◽

Products Liability ◽

Long Time ◽

American Law ◽

The Law

American law has for a long time condoned the use of exaggerated claims in advertising. Though the rules of law governing these types of claims have not been explicitly reversed, according to some legal thinkers, the attitude of the law applying these rules has over the years dramatically changed. Because the stakes are usually high in cases involving products liability, the changing attitude of the law has some of the most important effects in such litigation. This article examines one of the basic rules whose aim is to allow the making of exaggerated claims—the puffing defense. It describes the current status of the law regarding this rule and shows how the rule has been applied in products liability litigation. Through an examination of these cases, it argues that the making of an exaggerated claim is not good business practice and may easily serve as the grounds for recovery by a plaintiff injured by a defect in a product about which such an exaggerated claim of safety was made.

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