TRADE MARKS, COLLECTIVE MARKS, CERTIFICATION MARKS, PASSING OFF AND DOMAIN NAMES

2019 ◽  
pp. 358-430
Keyword(s):  
Trade Marks ◽  
Passing Off ◽  
Domain Names ◽  
Collective Marks

Trade Marks and Allied Rights

2017 ◽  
Author(s):  
Dev Gangjee
Keyword(s):  
Brand Image ◽  
Trade Mark ◽  
Unfair Competition ◽  
Legal Issues ◽  
Geographical Indications ◽  
Trade Marks ◽  
Passing Off ◽  
Domain Names ◽  
Detrimental Impact ◽  
Scope Of Protection

This chapter outlines the principal features of trade mark protection regimes, drawing primarily on EU and US materials to illustrate the underlying legal issues. It includes an outline of the principal allied rights; namely (i) unfair competition, (ii) passing off, (iii) publicity rights, (iv) geographical indications, and (v) domain names. The overview traces the incremental re-orientation of trade mark regimes in recent decades as they have moved beyond their traditional remit of origin-indication protection in response to claims that brand image needs to be better accommodated. In some cases, the ensuing broader scope of protection can have a detrimental impact on speech and inhibit marketplace competition.

31. Introduction to passing off and trade marks

2018 ◽  
Author(s):  
L. Bently ◽  
B. Sherman ◽  
D. Gangjee ◽  
P. Johnson
Keyword(s):  
Electronic Commerce ◽  
Common Law ◽  
Legal Protection ◽  
Trade Marks ◽  
Passing Off ◽  
Domain Names ◽  
Regional Background ◽  
History Of ◽  
The Common ◽  
The Uk

This chapter introduces the common law of passing off and the statutory regime that protects registered trade marks found in the Trade Marks Act 1994. It commences with a brief history of trade marks and the development of their legal protection. This is followed by a discussion on the ways in which legal protection of signs and symbols are justified. It then considers the international and regional background that informs and constrains the law on trade marks in the UK, with particular reference to registration and the harmonization of standards. The chapter concludes by looking at challenges posed to trade marks by electronic commerce and the use of trade marks as domain names, as well as the phenomenon of supermarket lookalikes or own brands.

Trade Marks and Passing off

2017 ◽  
pp. 39-76
Author(s):  
Paul Todd
Keyword(s):  
Trade Marks ◽  
Passing Off

18. Control of information, reputation, and intellectual property

2019 ◽  
pp. 726-750
Author(s):  
Abbe Brown ◽  
Smita Kheria ◽  
Jane Cornwell ◽  
Marta Iljadica
Keyword(s):  
Human Rights ◽  
Intellectual Property ◽  
Data Protection ◽  
Private Information ◽  
Freedom Of Expression ◽  
Personal Privacy ◽  
Trade Marks ◽  
Passing Off ◽  
And Control ◽  
The Relationship

This chapter considers the extent to which individuals can and should be able to prevent others referring to them and their activities and, conversely, the extent to which individuals and companies should be able to commercialise and control a reputation that they have built up. The discussions cover the evolving right to personal privacy (through the tort of misuse of private information) and its base in human rights, particularly in respect of photographs; obtaining and dealing with trade marks in respect of well-known personalities; the relationship between passing off and endorsement and merchandising; and the extent to which individuals and businesses can and do control the use of their image through endorsement and sponsorship. The chapter also considers data protection, as well as the balancing of privacy and freedom of expression.

Protection of foreign business names and marks under the tort of passing off

Legal Studies ◽  
1986 ◽  
Vol 6 (1) ◽  
pp. 70-78
Author(s):  
Allison Coleman
Keyword(s):  
Media Exposure ◽  
Legal Protection ◽  
Trade Marks ◽  
Passing Off ◽  
Commercial Activities ◽  
National Boundaries

Trade marks, business names and get-up, like products, can be important commercial assets, carefully chosen for the appropriate image and impact, projected by advertising and capitalised through goodwill. As such, they represent a significant investment for which businesses expect adequate legal protection. In these days of worldwide travel, communications and media exposure the reputation acquired by a name or mark may transcend national boundaries and even precede commercial activities in a particular country. The temptation to cash-in on the reputation of another business through imitation of a name, mark or get-up has never been greater and piracy has reached epidemic proportions.

Character merchandising: aspects of legal protection

Legal Studies ◽  
2001 ◽  
Vol 21 (2) ◽  
pp. 226-250
Author(s):  
Andrew McGee ◽  
Sarah Gale ◽  
Gary Scanlan
Keyword(s):  
Present State ◽  
Legal Protection ◽  
Trade Mark ◽  
Third Parties ◽  
Trade Marks ◽  
Passing Off ◽  
Legal Control ◽  
The Creation ◽  
The Law ◽  
Special Circumstances

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.

The purpose of a certification mark is to indicate that the goods or services on which it is used comply with certain objective standards which the proprietor has set. These may relate to: origin; material; mode of manufacture; or quality; The terms governing the use of the mark must be set out in regulations, which must be approved prior to registration of the mark. Responsibility for this lies with the Trade Marks Registry. In debates on the legislation, the government gave the example of an association of cheese makers, which may allow its members to put a certification mark on their goods to indicate that they were produced by traditional methods. The wool industry uses the well-known ‘Woolmark’, registered in the name of the International Wool Secretariat, to identify its products. And there is no reason why a manufacturer, for example, of vaccines used in fish farming, may not register a certification mark which indicates that certain fish have been treated with its products. Like collective marks, certification marks may be used with other trademarks. The producer of goods or supplier of a service may indicate the origin of the goods or service as well as their compliance with the relevant standards. Paragraph 2 of schedule 2 modifies the notion of what a trademark may comprise for the purposes of these provisions. It must serve to distinguish goods or services which are certified from goods or services that are not. CONDITIONS FOR REGISTRATION

1997 ◽  
pp. 597-598
Keyword(s):  
Fish Farming ◽  
Traditional Methods ◽  
Trade Marks ◽  
The Government ◽  
Certification Mark ◽  
Collective Marks ◽  
Wool Industry
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