The exhaustion defence to trademark infringement and parallel importation in Malaysia

2019 ◽  
pp. 142-154
Author(s):  
Lim Heng Gee
Keyword(s):  
Trademark Infringement ◽  
Parallel Importation

Trademark Infringement - A Case Study From Indian FMCG Sector

2011 ◽  
Vol 3 (10) ◽  
pp. 1-2
Author(s):  
Suvrashis Sarkar ◽  
◽  
Dr. Stephen D’Silva Dr. Stephen D’Silva
Keyword(s):  
Trademark Infringement

scholarly journals TUNTUTAN PROVISI DALAM GUGATAN PELANGGARAN MEREK PADA PENGADILAN NIAGA

1970 ◽  
Vol 2 (1) ◽  
Author(s):  
Devi Marlita Martana
Keyword(s):  
Law Enforcement ◽  
Literature Study ◽  
Trademark Law ◽  
Trademark Infringement ◽  
Civil Proceeding ◽  
Investigation Process

Act Number 15 Year 2001 regarding  Trademark has set the provisional charges. Provisional charges may be filed by the plaintiff while the investigation process of trademark infringement lawsuit in court of commerce is still ongoing. In a civil proceeding, the provisional charge must not be the primary charge, however the provisional charge that is set out in the Trademark Act has already concerned the primary charge. Actions that can be requested in the provisional charge according to Article 78 paragraph (1) in the  Trademark Act include cessation of production, cessation of circulation of goods and / or services using Plaintiff's trademark illegally. Using literature study that utilizes primary legal materials and secondary legal materials as the research object, the results of the discussion are expected to be based on sufficient arguments to provide benefits for those who are interested to learn the trademark law enforcement.

The Place of Forensic Linguistics in the Resolution of Trademark Conflicts: Case of DOUBLEMINT & DOUBIEMLNT

2021 ◽  
Vol 10 (3) ◽  
pp. 1
Author(s):  
Patrick Sadi-Makangila ◽  
Yesdauletova Sabira
Keyword(s):  
Scientific Evidence ◽  
Word Choice ◽  
Brand Name ◽  
Forensic Linguistics ◽  
Trademark Infringement ◽  
Logo Design ◽  
To Come ◽  
Exclusive Right ◽  
Intellectual Properties ◽  
A Company

Forensic linguistics focusing on word choice and spelling, it can be useful while resolving language crime, trademark infringement, and so forth. In our days, trademarks are one of the most infringed intellectual properties in the world in terms of values. Trademark could be a single word, a combination of words and symbols, design, or logo that distinguishes a company or products from others in the industry. When someone acquires a registered trademark, he is granted an exclusive right to its usage and it strongly prohibits other organizations from using it. This paper shows the way an expert in Forensic Linguistics should use his skill and knowledge to handle the conflict among similar trademarks. From brand name (how it is written, upper-cases or lower-cases, how many letters make this brand name, how it sounds, how it looks like, and so forth) to logo (design, usage of colors, sharp and so forth). The expert in Forensic Linguistics will try to find out scientific evidence that may help judges in decision-making. The present study scrutinized the place of forensic linguistics in the resolution of trademark conflicts, the scientific techniques, and methodologies utilized to analyze the similarities and differences between the trademarks in conflict. This research showed the importance of associating an expert in Forensic Linguistics in the Community Trademark conflicts in order to come up with a conclusion based on scientific evidence; the place of forensic linguistics and other related disciplines in revolving the issues of trademark infringement.

scholarly journals Intellectual Property Law and Extra-Contractual Liability

2021 ◽  
pp. 82-95
Author(s):  
Giancarlo Frosio
Keyword(s):  
Intellectual Property ◽  
Common Law ◽  
The United States ◽  
The European Union ◽  
Trademark Infringement ◽  
The World ◽  
Emerging Issues ◽  
Intermediary Liability ◽  
Intellectual Property Infringement ◽  
Platform Economy

This chapter discusses intellectual property (IP) and extra-contractual liability by highlighting general comparative analysis issues within civil and common law systems, with some consideration given also to major theoretical clusters that might influence the different legal regimes. The chapter focuses on emerging issues of extra-contractual liability for intellectual property infringement in the platform economy, with special emphasis on copyright and trademark infringement, seeking to co-ordinate miscellaneous approaches from the United States (US), the European Union (EU), and selected European countries’ experiences. In doing so, this chapter highlights research and methodological issues related to limited harmonization at a regional level in secondary and extra-contractual liability doctrines when applied to IP. Finally, this chapter describes the World Intermediary Liability Maps (WILMap) as an attempt to provide consistency within a fragmented research framework while also presenting other miscellaneous endeavours seeking the same goal.

scholarly journals PERLINDUNGAN HUKUM KONSUMEN ATAS KESAMAAN BUNYI MEREK TERHADAP BARANG YANG TIDAK SEJENIS

2020 ◽  
Vol 5 (2) ◽  
pp. 185
Author(s):  
Evelyn Larissa Florentia Wijaya
Keyword(s):  
Practical Purpose ◽  
Pharmaceutical Preparations ◽  
Legal Protection ◽  
Trademark Infringement ◽  
Consumer Rights

The practical purpose of the article is to find out whether consumers get legal protection if something goes wrong in choosing a product that has similar terms but different classification of types. The research is juridical-normative. With regard to the case of MICROCIDE (pharmaceutical preparations) and MICROZID (disinfectant), abviously the isues are different from trademark infringement in general. The use of different terminologies will possible to make consumers to be wrong in choosing the products which can cause a danger when it is consumed. There is remain legal vacuum in the absence of implementing regulations that regulate the same brand in principle for goods that are not of the same type so that consumer’ rights cannot be fulfilled.

scholarly journals Can Trademark Infringement Be a Victimless Crime? The Stone Creek v. Omnia Case

2018 ◽  
Vol 1 (2) ◽  
pp. 41
Author(s):  
Doug Bania
Keyword(s):  
Social Media ◽  
Consumer Survey ◽  
Internet Search ◽  
Trademark Infringement ◽  
Actual Effect ◽  
Actual Harm

This article examines a case in which the defendants had made unauthorized use of the plaintiff’s trademark but were nonetheless able to successfully defend themselves against the awarding of monetary damages. As it shows, to claim damages, trademark holders must demonstrate actual harm to their reputation or loss of potential profits. It describes the methods used by the author to determine the actual effect of the infringement, which included analyzing information regarding the defendants’ intentions and the parties’ industry and the findings of a consumer survey and of Internet search and social media analytic tools. The article argues for the importance of understanding the particularities of a given case and marketplace and the utility of readily available and inexpensive Internet analytic tools.

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