scholarly journals Disparitas Putusan Mengenai Persamaan Pada Pokoknya Pada Merek Predator (Studi Putusan Nomor 1146 K/Pdt.Sus-Hki/2020)

SASI ◽  
2021 ◽  
Vol 27 (4) ◽  
pp. 463
Author(s):  
Muhammad Ali Masnun
Keyword(s):  
File System ◽  
Protection System ◽  
Bad Faith ◽  
Trademark Infringement ◽  
Trademark Protection ◽  
Legal Concepts

The cases of trademark infringement on substantial similarity still relatively common in Indonesia. This article aims to analyze the basis for the judge's consideration in the decision Number 1146 K / Pdt.Sus-HKI / 2020. This is based on the disparity of Decision Number 69 / Pdt.Sus / Mark / 2019 / PN with Decision Number 1146 K / Pdt.Sus-HKI / 2020. This research uses doctrinal research using statute, case, and conceptual approaches. The results showed that the judges' basic considerations were not in accordance with regulations and several legal concepts. First, that the trademark protection system based on territorial territory and the first to file system principle should not be used as a basis for consideration. Second, that the two brands are basically similar because of the similarities in the dominant element and the similarity in sound or speech with the addition of the same class of goods. Third, the word "predator" cannot be categorized as a generic word, because the word predator has been added with a logo as a condition for a research, excluding generic brands. As a recommendation in deciding this matter, regarding the existence of bad faith, due to bad faith, a cancellation of a registered mark can be submitted indefinitely.

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.

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 Building an Internet-Based Knowledge Ontology for Trademark Protection

2021 ◽  
Vol 29 (1) ◽  
pp. 123-144
Author(s):  
Charles V. Trappey ◽  
Ai-Che Chang ◽  
Amy J. C. Trappey
Keyword(s):  
Brand Equity ◽  
Recommendation System ◽  
Trademark Infringement ◽  
Online Sales ◽  
The Usa ◽  
Trademark Protection ◽  
Legal Arguments ◽  
Python Programming ◽  
Case Data ◽  
Knowledge Ontology

Global online sales for products, where many are substantially identical or deceptively similar, are the cause of a growing number of trademark (TM) infringement lawsuits. This research proposes an intelligent trademark legal precedent recommendation system to assist trademark owners to find relevant past cases, laws, and judgments to form legal arguments to defend against infringement. Judicial precedent and applicable laws from the USA are used to construct an ontology of trademark litigation knowledge. The ontology is used to analyze potential infringement cases with similar laws and precedents used to resolve previous legal disputes. The analysis provides a basis for proceeding with legal action necessary to protect a company's brand equity when arguing potential trademark infringement. Using the Python programming language, the precedent-based recommendation system provides a means for continuously updating trademark case data and assists TM owners to quickly identify similar cases to support infringement allegations.

scholarly journals Trademark infringement recognition assistance system based on human visual Gestalt psychology and trademark design

2021 ◽  
Vol 2021 (1) ◽  
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

AbstractTrademarks 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.

Empirical Analysis of Clinical Evaluations on Children Involved in the Child Protection System: The Role of Age and Gender

2000 ◽  
Author(s):  
Erika Felix ◽  
Anjali T. Naik-Polan ◽  
Christine Sloss ◽  
Lashaunda Poindexter ◽  
Karen S. Budd
Keyword(s):  
Empirical Analysis ◽  
Child Protection ◽  
Protection System ◽  
Age And Gender ◽  
Clinical Evaluations ◽  
And Gender
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