scholarly journals Dynamics of Trademark Dilution: Issues and Challenges in India and USA

2021 ◽  
pp. 16-34
Author(s):  
Anuttama Ghose ◽  
S. M. Aamir Ali
Keyword(s):  
Recent Decade ◽  
Legal Framework ◽  
Brand Name ◽  
Trademark Law ◽  
The Usa ◽  
Trademark Dilution ◽  
Domestic Jurisdiction ◽  
Dilution Theory ◽  
The U.S

Trademarks of an establishment cannot solely be associated with identification of origin or source. It performs an imperative task of building brand name and value. The dilution theory rejects the opinion that the role of a trademark is solely based on the recognition of the root or source of its origin and that it is not only a figurative representation but carries a creative aspect as well. For the most recent decade, the greatest inquiry in trademark law has been the manner by which to demonstrate weakening or dilution. Dilution has turned out to be a dauntingly slippery idea. The principal issue with dilution law is that it gives a cure without a supportable hypothesis of the harm or damage. Even though lately the concept has been recognized in International as well as domestic jurisdiction putting an immense responsibility on domestic jurisdiction to protect trademarks against dilution, very little has been discussed or clarified regarding the theory of dilution. Ambiguity of such nature facilitated this research trying to spot some light on the theory of dilution comparing it from divergent angles in different jurisdictions. The paper also highlights the interpretation mechanism of the courts of the dilution provision and explains the concept further with reference to important cases under the U.S. laws and European judgments in the context of the Dilution laws and draws a comparative analysis of the effectiveness of the legal framework present in India with that of the USA.

scholarly journals THE ROLE OF JUDICIAL PRACTICE IN THE LEGAL SYSTEM: RUSSIAN EXPERIENCE IN THE WORLD CONTEXT

2017 ◽  
pp. 40-49 ◽  
Author(s):  
Виктор Момотов ◽  
Viktor Momotov
Keyword(s):  
Legal System ◽  
Negative Attitude ◽  
Case Law ◽  
Legal Framework ◽  
Legal Systems ◽  
Legal Norms ◽  
Judicial Practice ◽  
The Usa ◽  
Anglo American

In Russian legal science there is a wide-spread belief according to which legal precedents are not sources of Russian law, because Russian legal system forms a part of continental legal system. Various researchers believe that judicial practice does not contain legal norms and consequently case law is not a component of Russian legal framework. The present paper contains the theoretical and historical legal research of the place and role of case law in Anglo-American and continental legal systems. It’s shown that for long historical periods legal precedents were recognized as sources of law not only in Great Britain and the USA, but also in major European legal systems, while at the present time differentiation of legal systems with respect to their attitude towards case law is becoming outdated. Furthermore, based on the research of various legal scholars’ traditions (principally of the positivistic and the sociological traditions) this article demonstrates that negative attitude towards case law is largely determined by the formalistic and obsolete understanding of the term ”source of law”, coming from the misinterpretation of positivism. The paper also presents the current development trends of case law as a source of law. In particular the article outlines the proactive interpretations of new statutory provisions issued by the Plenum of the Supreme Court of the Russian Federation, the global uniqueness of such interpretations and the influence of scientific–technological progress and public needs on the highest court’s interpretations. The mutual interference of case law and statutory law is shown.

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.

Embryo and stem cell research: Views from the USA

2002 ◽  
Vol 8 (3) ◽  
Author(s):  
Dorothy C Wertz
Keyword(s):  
Stem Cell ◽  
Private Sector ◽  
Federal Government ◽  
Stem Cell Research ◽  
Embryo Research ◽  
Abortion Debate ◽  
The Usa ◽  
Therapeutic Research ◽  
The U.S

Presents a study that examined the history, ethical debates and religious views regarding embryo and stem cell research in the U.S. Effect of the abortion debate on embryo research in the U.S.; Reason behind the reluctance of the federal government to fund therapeutic research; Role of the private sector in the development of embryo and stem cell research.

scholarly journals The Role of Prices in Measuring the Poor's Living Standards

2009 ◽  
Vol 23 (2) ◽  
pp. 77-97 ◽  
Author(s):  
Christian Broda ◽  
Ephraim Leibtag ◽  
David E Weinstein
Keyword(s):  
Recent Decade ◽  
Living Standards ◽  
Current Debate ◽  
Scanner Data ◽  
Close Attention ◽  
Goods And Services ◽  
The Poor ◽  
Price Measurement ◽  
The U.S

In this paper, we revisit two pieces of conventional wisdom in the current debate about poverty, paying close attention to the price data underlying these findings: that the poor pay more than households of higher income for the goods and services they purchase; and that poverty rates, at least as measured by the U.S. Census, have remained essentially flat since the late 1960s, raising questions about the success of the policies implemented to reduce poverty. By examining scanner data on thousands of household purchases, we find that the poor pay less—not more—for the goods they purchase. And by extending the advances on price measurement in the recent decade back to the 1970s, we find that current poverty rates are less than half of the official numbers.

scholarly journals Religious Determinates of State Power in Globalization Era

2019 ◽  
pp. 75-82
Author(s):  
Alexander Yeremin
Keyword(s):  
21St Century ◽  
Comparative Method ◽  
Public Support ◽  
State Power ◽  
Legal Framework ◽  
Clash Of Civilizations ◽  
National Cultures ◽  
The Usa ◽  
The Church

At the turn of the 21st century, despite the irreversible integration of the global cultural space, which is an integral part of the globalization process, the process of national cultures’ glocalization is becoming obvious. The clash of civilizations [14] manifests itself in the aspiration to update traditional, archetypal foundations inherent to a culture, which is represented in all areas of life, including the state power. The paper attempts to begin scientific research on this subject. The author analyzes officials’ addresses and declarations, regulatory and legal framework of the faith system, materials of public campaigns by the Church and the authorities, studying the existing discourse. He uses the comparative method to study the occurring phenomena in the context of Russia’s historical experience. The paper argues that the process of enhancing religious imperatives in authorities’ manifestations grows stronger during increased animosity with Europe and the USA after 2014, which marked the border of actualizing the “enemy” imperative based on Russia’s characteristic “challenge and response” imperative [10]. The authorities are actively using religious images for their legitimation and public support. Within the context of cultural studies approach, the author makes a conclusion that images are generated in Russia’s cultural field that are rooted in archetypal notions of the “Holy Rus” based on traditions of hesychasm, Russia’s special mission, that existed specifically in the conceptualized idea of “Moscow as the Third Rome”. These imperatives are becoming relevant in new shapes and the Church plays the role of a certain contemporary Kulturtrager, enhancing new / old images and thus developing the paradigm of a “symphony” between religious and secular authorities, which evidences the enhancement of traditional foundations of the Russian culture and sacralization of power at the turn of the 21st century.

scholarly journals Withdrawing Drugs in the U.S. Versus Other Countries

2012 ◽  
Vol 3 (3) ◽  
Author(s):  
Benson Ninan ◽  
Albert I Wertheimer
Keyword(s):  
United States ◽  
United Nations ◽  
The United States ◽  
Drug Products ◽  
Local Decision ◽  
The Usa ◽  
Decision Guidance ◽  
The United Nations ◽  
The U.S

Since 1979, the United Nations has maintained a list of drugs banned from sale in member countries. Interestingly, there are a number of pharmaceuticals on the market in the USA that have been banned elsewhere and similarly, there are some drug products that have been banned in the United States, but remain on the market in other countries. This report provides a look into the policies for banning drug sales internationally and the role of the United Nations in maintaining the master list for companies and countries to use for local decision guidance.   Type: Commentary

Role of brand names and product types on bicultural consumers’ purchase intentions

2017 ◽  
Vol 34 (1) ◽  
pp. 53-65 ◽  
Author(s):  
Emi Moriuchi ◽  
Paul R. Jackson
Keyword(s):  
Cultural Identity ◽  
Brand Names ◽  
Minority Population ◽  
Exploratory Research ◽  
Minority Status ◽  
Brand Name ◽  
Content Type ◽  
Starting Point ◽  
The Usa

Purpose The purpose of this study is to examine the role of brand names and product types on bicultural’s purchasing intention. In cross-cultural marketing, a current popular position among bicultural consumer advocates that brand name that has a foreign character denotes that when an unknown brand is present, and if the unknown brand is a hedonic product, then a foreign character that has a long-standing history of delivery quality products should be mandatory. Design/methodology/approach Through a multidisciplinary literature review, qualitatively supported differences in bicultural consumers from a majority-minority status are reviewed and formulated as hypotheses, and a survey is used to collect quantitative data from a stratified random sample. Findings A 2 (cultural identity vs felt ethnicity) × 2 (English brand name vs Japanese brand name) factorial experiment, which tested this contention, revealed that, although consumers are considered biculturals, they will be more inclined to perceive products to be of higher quality when the product is written in Japanese than in English. Furthermore, the result shows that felt ethnicity has a significant impact on attitude toward brand names, whereas bicultural’s cultural identity does not. However, on the other hand, cultural identity has a significant impact on the product type considered, whereas felt ethnicity does not. Research limitations/implications As a starting point for understanding the bicultural consumer from a majority-minority perspective, this study is subject to exploratory research limitations. Practical implications The result suggests that when developing ads, managers should take into account the effect of language characters has on their target audience’s ethnicity. As it is common for ads to consist of written language, colors, images and messages, managers should not just concentrate on one, rather should consider how all these factors can come together and create a favorable ad. Originality/value As the number of immigrants increase in the USA, the notion of considering what a melting pot is has reached another level. Predicted by the US census, in the year 2050, the minority population will take over the mainstream population, resulting in a majority-minority status for these minority individuals. Businesses will then have to redesign their strategy in marketing to this new market segment and not fall victim to these new challenges. They can turn around and leverage them as marketplace opportunities. This study provides some early insights that can help marketers strategically and creatively think of leverage such opportunities.

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