USKLAĐIVANjE PRAVA ŽIGA REPUBLIKE SRBIJE SA PRAVOM ŽIGA EVROPSKE UNIJE – IZMENE ODREDABA O NAKNADI ŠTETE U NOVOM ZAKONU O ŽIGOVIMA

2021 ◽  
pp. 611-626
Author(s):  
Nikola Milosavljević ◽  
Keyword(s):  
Comparative Research ◽  
Legal History ◽  
Trademark Law ◽  
Trademark Infringement ◽  
Official Gazette ◽  
Trademark Protection

In the middle of the coronavirus crisis in 2020 Serbian Parliament has enacted the new Trademark Law (“Official Gazette of Republic of Serbia” No. 6/2020). With this law, many changes came along in trademark protection, especially in the infringement domain. Namely, the greatest changes that have occurred are the introduction of non-material damages recuperation for trademark infringement, and appropriation of the profits. Also, the treble damages reimbursement is now excluded from the Serbian Trademark Law. These changes are conducted to harmonize Serbian law with the Directive 2004/48/EC. However, it is still necessary to examine if there was a possibility that these new institutes lead us again to the penalty damages, even after treble damages exclusion. For this reason, the author of this paper will try to trace the origin of these changes trough examining the legal history and conducting comparative research, then he will examine the essence and the nature of these new institutes using analysis and dogmatic method.

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.

“Not Manufactured or Authorized by …”: Recent Federal Cases Involving Trademark Disclaimers

1998 ◽  
Vol 17 (1) ◽  
pp. 97-107 ◽  
Author(s):  
Jacob Jacoby ◽  
Maureen Morrin
Keyword(s):  
Trademark Law ◽  
Trademark Infringement ◽  
Consumer Confusion ◽  
Recent Trends

After discussing the value of trademarks to consumers and businesses, the authors outline the major objectives of trademark law. The authors review recent federal trademark infringement cases that involve the use of disclaimers, in terms of the extent to which disclaimers reduce the likelihood of consumer confusion. The authors then note recent trends and provide suggestions for further research.

scholarly journals Evolution of case law regarding the interpretation of the secondary liability standard in U.S. trademark law

2020 ◽  
Vol 58 (3) ◽  
pp. 141-155
Author(s):  
Jelena Ćeranić-Perišić
Keyword(s):  
Service Providers ◽  
Case Law ◽  
Online Service ◽  
Trademark Law ◽  
Trademark Infringement ◽  
Scope Of Application ◽  
The Right ◽  
Secondary Liability ◽  
Online Service Providers ◽  
The U.S

Secondary liability, according to the general rules on liability, is based on the issue of conscientiousness, in other words whether the intermediary knew or should have known that the right was infringed through his service. In U.S. law, the secondary liability standard is a result of case law. This paper presents the evolution of case law regarding the interpretation of secondary liability standard in U.S. trademark law. This standard was announced by the U.S. Supreme Court in Inwood Laboratories Inc. v. Ives Laboratories Inc. regarding the liability of manufacturers and distributors. In the decades that followed, the U.S. Courts, with their creative interpretations, extended the scope of application of this standard, first to intermediary market operators, and later to online service providers (internet intermediaries). Also, the development of digital technology has influenced the case law to adapt the secondary liability standard for trademark infringement to the new circumstances in the digital environment. The most significant cases in this context are Hard Rock Café Licensing v. Concession Services, Inc., Tiffany Inc. v. eBay Inc. and Rosetta Stone Ltd. v. Google Inc. Finally, 1-800 Contacts, Inc. v. Lens.com, Inc. demonstrates a slight turn of the U.S. Courts' practices towards a more flexible interpretation of secondary liability standard to online service providers.

scholarly journals Introduction

2018 ◽  
pp. 1-10
Author(s):  
Irene Calboli ◽  
Martin Senftleben
Keyword(s):  
Subject Matter ◽  
Freedom Of Expression ◽  
Market Competition ◽  
Trademark Law ◽  
Video Clips ◽  
The Past ◽  
Trademark Protection ◽  
Per Se ◽  
The Creation ◽  
Flexible Application

During the past decades, the domain of trademark law and the scope of trademark protection have been expanded significantly. The flexible application of prerequisites for registration has paved the way for the recognition of a wide variety of signs as subject matter eligible for trademark protection. This includes single colors, shapes, sounds, smells, video clips, holograms, and even gestures. However, this expansion of the scope of trademark protection has been accompanied only by a partial expansion of the grounds for refusal relating to these registrations and the creation of defenses that permit unauthorized use in the interest of freedom of competition and freedom of expression. Hence, the expansion of trademark protection to non-traditional marks can have serious effects on market competition as these signs often protect products, or parts of products, per se. Likewise, the protection of these signs can prevent other socially valuable uses in related or unrelated non-commercial contexts. In this Introduction, the editors of this Book explain the risks posed by the protection of non-traditional trademarks, the causes for these risks, and the development of this type of protection, and lay groundwork for the more detailed discussion of the topic in the contributions to the Book.

Empirical Investigation of Sport Trademark Dilution Using Contingent Valuation Method

2020 ◽  
Vol 34 (3) ◽  
pp. 189-200
Author(s):  
Sungho Cho ◽  
J. Lucy Lee ◽  
June Won ◽  
Jong Kwan (Jake) Lee
Keyword(s):  
Contingent Valuation ◽  
Law And Economics ◽  
Contingent Valuation Method ◽  
Empirical Support ◽  
Trademark Law ◽  
Trademark Infringement ◽  
Psychology And Law ◽  
Valuation Method ◽  
Trademark Dilution ◽  
Dilution Theory

Under the federal trademark law, owners of famous sport trademarks may bring legal claims against unauthorized users of their marks under the infringement and dilution theory. Although the rationale of trademark infringement has been supported by various notions of consumer psychology and law and economics, the theory of dilution has been criticized for the lack of empirical support. This study investigated whether the junior use of major sport trademarks would have dilutive effects on the senior marks in financial terms. The study employed the contingent valuation method, a technique designed to estimate the economic values of nonpecuniary assets such as trademarks. A total of 140 subjects were exposed to dilutive information while they purchased sport brand merchandise. A series of pre- and posttests revealed that moderately famous sport trademarks suffered dilutive harm from junior use, whereas exceptionally famous marks were immune to the dilutive effects. Theoretical and practical implications were discussed.

Punitive damages in trademark infringement disputes in China: challenges and prospects

2021 ◽  
Vol 11 (3) ◽  
pp. 362-385
Author(s):  
Yanan Zhang
Keyword(s):  
Intellectual Property ◽  
Critical Analysis ◽  
Legal Framework ◽  
Punitive Damages ◽  
Judicial Interpretation ◽  
Basic Principles ◽  
Trademark Law ◽  
Trademark Infringement ◽  
Judicial Practice

Punitive damages were introduced into the intellectual property field in China by legislation permitting their imposition for malicious and serious infringements. This paper offers a comprehensive legal framework of punitive damages regarding trademark infringement and a critical analysis of the application of punitive damages in trademark infringement disputes in Chinese judicial practice. My research reveals that punitive damages have rarely been imposed since the punitive damages provision, Article 63 of the Trademark Law, took effect in 2014, whereas statutory damages have been applied extensively. The reason for this is that there are few guidelines for the application of this provision. The challenges to the application include undefined statutory requirements, difficulties in not only assessing compensation but also providing evidence and determining the multiple of compensation, and an unclear relationship between statutory damages and punitive damages. The 2019 Amendment of the Trademark Law retains these problems. Fortunately, the recently released Judicial Interpretation and typical cases concerning punitive damages contribute to resolving them. Moreover, those cases in which punitive damages have been applied have gradually revealed some basic principles for their application. Reform suggestions are offered in order to stimulate the development of a more thorough and uniform application of the punitive damages provision.

Amendments to the Argentine Trademark Law: Initial Impact

2020 ◽  
Author(s):  
Iris V Quadrio ◽  
Carol A O’Donnell
Keyword(s):  
Intellectual Property ◽  
Case Law ◽  
International Standards ◽  
Industrial Property ◽  
Trademark Law ◽  
Reference Guide ◽  
Starting Point ◽  
Comparative Review ◽  
Trademark Protection ◽  
Administrative Procedures

Abstract This paper examines the principal changes to the Argentine Trademark Law in 2018. The aim of these amendments was to reduce bureaucracy and simplify administrative procedures in a vast diversity of areas besides intellectual property, such as corporate, finance, insurance and labor matters, among others. With respect to intellectual property, however, some of the changes seem to be substantive and not merely procedural. The purpose of this article is to analyze the changes to the Argentine Trademark Law and provide a practical reference guide in relation to trademark protection in Argentina. The authors discuss how the system for resolving oppositions has been simplified, reducing time and costs to obtain registrations. In addition, the authors provide a comparative review of some of the judicial decisions ruled on the merit of oppositions and those adopted by the National Institute of Industrial Property in 2020. Based on this comparative case law and the analysis of the amendments to the new law, the authors share their views on the implementation of the changes and their application in practice, which may serve as a starting point for those interested in registering their trademarks in Argentina. They conclude that the modifications to the Argentine Trademark Law are positive and aim to bring the Argentine system in line with international standards.

scholarly journals Grounding Trademark Law Through Trademark Use

2016 ◽  
Author(s):  
Mark Lemley
Keyword(s):  
Third Party ◽  
Specific Instruction ◽  
Trademark Law ◽  
Goods And Services ◽  
Trademark Infringement ◽  
Consumer Confusion ◽  
Contributory Infringement ◽  
Trademark Use ◽  
Ip Law ◽  
Direct Infringement

The debate over trademark use has become a hot-button issue in intellectualproperty (IP) law. In Confusion over Use: Contextualism in Trademark Law,Graeme Dinwoodie and Mark Janis characterize it as a dispute over whetherto limit trademark holder rights in a new and unanticipated way. Yet thereis another - in our view more historically accurate - way to frame thetrademark use debate: the question is whether courts should, absentspecific statutory authorization, allow trademark holders to assert a newand unprecedented form of trademark infringement claim. The pop-up andkeyword cases involve attempts to impose third-party liability under theguise of direct infringement suits. Dinwoodie and Janis's thorough accountnotwithstanding, it remains the fact that, before the recent spate ofInternet-related cases, no court had ever recognized a trademark claim ofthe sort that trademark holders are now asserting. Trademark infringementsuits have always involved allegations of infringement by parties who usemarks in connection with the promotion of their own goods and services. Thequestion raised by the trademark use cases, as we view it, is whethercourts should countenance a radical departure from that traditional modelwithout specific instruction from Congress. We think they should not.In this paper, we explain the origins of trademark use doctrine intraditional limits on the scope of the trademark right and in thedistinction between direct and contributory infringement. We also explainwhy we cannot simply rely on the likelihood of consumer confusion test tosolve the problems the trademark use doctrine addresses, and we examine thedifficult problem of defining the scope of the trademark use doctrine.

scholarly journals Trademark Infringement Recognition Assistance System based on Human Visual Gestalt Psychology and Trademark Design

2021 ◽  
Author(s):  
Kuo-Ming Hung ◽  
Li-Ming Chen ◽  
Ting-Wen Chen
Keyword(s):  
Gestalt Psychology ◽  
Assistance System ◽  
Social Progress ◽  
Human Society ◽  
Design Concepts ◽  
Trademark Infringement ◽  
Trademark Protection ◽  
The Law ◽  
Legal Judgments ◽  
Effective Use

Abstract Trademarks are common graphic signs in human society. People used this kind of graphic sign to distinguish the signs of representative significance such as individuals, organizations, countries, and groups. Under effective use, these graphic signs can bring maintenance and development resources and profits to the owner. In addition to maintenance and development, organizations that have obtained resources can further promote national and social progress. However, the benefits of these resources have also attracted the attention of unfair competitors. By imitating counterfeit trademarks that appear, unfair competitors can steal the resources of the original trademark. In order to prevent such acts of unfair competitors, the state has formulated laws to protect trademarks. In the past, there have also been researches on similar trademark searches to assist in trademark protection. Although the original trademark is protected by national laws, unfair competitors have recently used psychological methods to counterfeit the original trademark and steal its resources. Trademarks counterfeited through psychology have the characteristics of confuse consumers and do not constitute infringement under the law. Under the influence of such counterfeit trademarks, the original trademark is still not well protected. In order to effectively prevent such trademark counterfeiting through psychology, this article proposes new features based on trademark design and Gestalt psychology to assist legal judgments. These features correspond to a part of the process that is not fully understood in the human visual system and quantify them. In the experimental results, we used past cases to analyze the proposed assistance system. Discussions based on past judgments proved that the quantitative results of the proposed system are similar to the plaintiff or the judgment to determine the reasons for plagiarism. This result shows that the assistance system proposed in this article can provide visually effective quantitative data, assist the law to prevent malicious plagiarism on images by unfair competitors, and reduce the plagiarism caused by the similar design concepts of late trademark designers.

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