scholarly journals Trademark Opposition Proceedings in Switzerland: An Empirical Study of Legal Reasoning

2021 ◽  
Author(s):  
Florent Thouvenin ◽  
Daniel Gerber ◽  
Tilmann Altwicker
Keyword(s):  
Legal Reasoning ◽  
Swiss Federal Institute ◽  
Success Rates ◽  
Legal Doctrine ◽  
Distinctive Character ◽  
Goods And Services ◽  
Likelihood Of Confusion ◽  
Federal Institute ◽  
Different Types ◽  
Sliding Scale

Abstract This study is the first empirical analysis of legal reasoning in trademark opposition proceedings in Switzerland. We examine a novel dataset on trademark opposition proceedings brought before the Swiss Federal Institute of Intellectual Property (IPI). In these proceedings, the likelihood of confusion between two (or more) trademarks is assessed based on the similarity of the trademark signs and the similarity of the goods and services, taking into account a series of additional aspects such as the distinctive character of the opposing trademark and the level of attention of the average consumer when buying the goods and services for which the earlier trademark is registered. Our dataset contains information on 2,453 cases relating to proceedings between June 2002 and August 2018. In particular, we examine which substantive factors drive the outcome of these decisions. Some of our findings call into question the established legal doctrine. For example, our data suggest that the importance of the beginning of words for establishing similarity between word marks is overrated by legal doctrine. Furthermore, our data show no clear influence of the level of attention on the assessment of the likelihood of confusion. Instead, we found striking differences between the success rates of different types of trademarks. In fact, the data reveal a sliding scale with word marks being the most successful trademarks followed by figurative trademarks that contain a word element, and purely figurative trademarks. Based on our empirical findings, we make suggestions on how to improve the legal reasoning when assessing the likelihood of confusion.

scholarly journals A proteção ampliativa dos direitos fundamentais no Judiciário: o caso do direito funerário

2018 ◽  
Vol 19 (1) ◽  
pp. 181-200
Author(s):  
Marco Antonio Loschiavo Leme de Barros ◽  
Gabriel Calil Pinheiro
Keyword(s):  
Legal Reasoning ◽  
Sao Paulo ◽  
Fundamental Rights ◽  
São Paulo ◽  
Legal Doctrine ◽  
Qualitative And Quantitative ◽  
Different Types ◽  
Quantitative Examination ◽  
The Right ◽  
Judicial Recognition

Resumo: Neste texto discute-se a proteção ampliativa conferida aos direitos fundamentais pelo Judiciário brasileiro. Para tanto, são apresentados em primeiro lugar dois referenciais teóricos que permitem estudar esse tipo de proteção: a teoria dos direitos fundamentais de Robert Alexy e a tese do diálogo institucional. Ambos referenciais reforçam a importância do papel da deliberação no processo de tomada de decisão e articulação entre os poderes. Após essa compreensão, discute-se o caso do reconhecimento judicial do direito fundamental funerário por meio das decisões. O estudo foi desenvolvido a partir do exame quantitativo e qualitativo de julgados proferidos pelo Tribunal de Justiça de São Paulo. Constatação alcançada em relação à temática foi que juízes adotam diferentes tipos de argumentos para justificar a existência ou não do direito fundamental funerário na solução dos litígios. Em alguns casos juízes não se preocupam em estabelecer um diálogo com as decisões passadas e sequer indicam os argumentos que justificam o reconhecimento desse direito à luz do ordenamento, ainda que recorram aos distintos modelos de interpretação do Texto Constitucional. Ao final, considerando a omissão legislativa e doutrinária sobre o tema, observa-se a ausência de clareza em relação ao tratamento do direito funerário, seja diante de problemas de deliberação entre juízes seja entre os poderes da Federação. Tal situação prejudica a coerência do discurso judicial e do próprio debate acerca do reconhecimento de um direito fundamental funerário.Palavras-chave: Direito fundamental funerário. Diálogo institucional. Juiz. Interpretação. Argumentação jurídica.Abstract: This article discusses the ampliative protection of fundamental rights carried out by the Brazilian Judiciary. First, we highlight the theoretical framework of the study, namely Robert Alexy’s theory of fundamental rights and the idea of institutional dialogue. Both references indicate the importance of deliberative procedures in decision-making and articulation among the powers. Afterwards, we discuss the case of the judicial recognition of the fundamental right to funeral through the decisions. The study was developed from the qualitative and quantitative examination of trials decreed by the São Paulo Court of Justice. We argue that judges adopt different types of arguments to justify the existence or not of the fundamental right to funeral. In some cases, judges do not care about stablishing a dialogue with past decisions, neither to indicate the motifs for this recognition even though they adopt different models of legal reasoning. Finally, considering the Brazilian legislative and legal doctrine omission on this matter, it is observed the lack of transparency in relation to the treatment of the right to funeral, both before problems of deliberation among judges or among the powers of the Federation.  This situation compromises the coherence of judicial decisions and the debate about the recognition of a fundamental right to funeral.Keywords: Fundamental right to funeral. Institutional dialogue. Judge. Interpretation. Legal reasoning.

Der Binding Waldpreis – Auslöser für waldbaulich-ertragskundliche Forschung | The Binding Forest Award initiates silvicultural and yield research

2011 ◽  
Vol 162 (3) ◽  
pp. 65-70
Author(s):  
Andreas Zingg ◽  
Hansheinrich Bachofen
Keyword(s):  
Forest Ecosystems ◽  
Swiss Federal Institute ◽  
Growth And Yield ◽  
High Quality ◽  
Federal Institute ◽  
Ecological Values ◽  
Prize Award ◽  
Landscape Research ◽  
Selection Forest ◽  
Time Required

Between 1995 and 2008 the granting of the Binding Forest Award led to fresh cooperation between forest owners and research on silviculture, growth and yield at the Swiss Federal Institute for Forest, Snow and Landscape Research. Various topics were treated: a study of the beech coppices in Rothenfluh rapidly made it clear that very little was known about this formerly widespread type of forest management and its consequences. The same was true to a lesser extent for the conversion of rather uniform high forest into selection forest (in Plasselb), and for the selective management of light demanding tree species, such as the oak, in Rheinau. In Boudry, cooperation between practice and research already existed: the prize award here led to new approaches in the production of high quality oak, whilst taking ecological values into account. All these new projects are still in their earliest stages and will call for a great deal of “sustainability”, in both senses of the word, from all those involved. Considering the long periods of time required for the development of forest ecosystems, this is in fact self-evident.

scholarly journals The Sliding Scale between Usufruct and Ownership: The Example of Swedish Multi-Family Housing

Land ◽  
2021 ◽  
Vol 10 (3) ◽  
pp. 311
Author(s):  
Anna Granath Hansson ◽  
Peter Ekbäck ◽  
Jenny Paulsson
Keyword(s):  
Property Rights ◽  
General Level ◽  
Multifamily Housing ◽  
Different Types ◽  
Sliding Scale ◽  
Family Housing ◽  
The Right

This paper aims to elucidate the sliding scale between usufruct and ownership by applying a property rights framework to three Swedish forms of tenure in multifamily housing. The framework deconstructs the bundles of rights of rental, tenant-ownership and ownership to highlight commonalities and differences connected to the right to use and exclude, the right to transfer and the right to the value. It is concluded that the three tenure forms have many traits in common but that there are distinct differences in some areas, most notably in connection to the right to the value. The property rights framework applied in the study may be applicable also on a general level as a method to analyze and compare tenures of different types in different countries. Further, ways to improve the framework and cover more facets of outcomes of property rights patterns are suggested.

CONCEPT AND TYPES OF MEDIATION SET FORTH IN THE LEGISLATION AND EXPOUNDED IN THE LEGAL DOCTRINE IN RUSSIA, FRANCE, SPAIN, AND THE USA

2021 ◽  
Vol 10 (6) ◽  
pp. 137-176
Author(s):  
E.V. VERSHININA ◽  
D.V. KONOVALOV ◽  
V.S. NOVIKOV ◽  
S.V. KHOKHLACHEVA
Keyword(s):  
Legal Analysis ◽  
Legal Doctrine ◽  
Scientific Analysis ◽  
Legal Nature ◽  
Different Types ◽  
The Usa ◽  
Similarities And Differences ◽  
Common Understanding

This article presents a scientific analysis of mediation based on legislation and legal doctrine of Russia, France, Spain, and the USA. This paper also explores different types of mediation. The concept and types of mediation have been researched repeatedly by scholars. However, a common understanding has not yet been achieved. The authors of the article carry out a comparative legal analysis of the concept and types of meditation in Russia, France, Spain, and the USA. The purpose of this article is to determine the legal nature and essential features of institute of mediation through the analysis of its various definitions set forth in the legislation and expounded in the respective legal doctrine in Russia, France, Spain, and the USA; to identify existing similarities and differences between those definitions and to carry out a comparative legal analysis of different types of mediation.

VLADAVINA PRAVA I SOCIJALNA DRŽAVA

2021 ◽  
Author(s):  
Srećko Jelinić ◽  
Keyword(s):  
Social Justice ◽  
Welfare State ◽  
Rule Of Law ◽  
Telecommunication Services ◽  
The Rule Of Law ◽  
Goods And Services ◽  
Different Types ◽  
Consumer Contracts ◽  
The Welfare State

In this paper the author is searching for the connection between the concepts of the rule of law, so called social justice and the concept of the welfare state. The notion of the rule of law needs to be interpretated and defined precisely. The arguments in the paper are supported with selected court findings and decisions. The special emphasis is given to the issue of social justice which is, as it seems, particularly questionable in the field of consumer contracts where the issue of inequality of the parties to the contract comes to existence. Different types of contracts such as the contracts for telecommunication services together with some other issues such as the later change in contractual conditions and difficulties in obtaining payment for provided goods and services are being discussed and discoursed

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