Abstract
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.
Highlights
More than 3,000 trademark infringement lawsuits are filed each year in US district courts with internet commerce and grey channels (Ertekin, Sorescu, & Houston, 2018)
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
In order to understand the context of the article, the study presents literature related to the definition of trademark and trademark infringement, trademark protection laws, and judicial precedent text mining
Summary
More than 3,000 trademark infringement lawsuits are filed each year in US district courts with internet commerce and grey channels (Ertekin, Sorescu, & Houston, 2018). The goal of online trademark protection is of great importance since the uniqueness of a business or a brand is expressed through the establishment of a trademark and represents significant intangible value (Howard, Kerin, & Gengler, 2000). Corporations that invest in brand equity can register and use global laws to protect against infringement. For protecting trademarks and avoiding infringing on the rights of TM owners, the study provides an intelligent precedent-based trademark litigation recommender system to assist trademark owners to find relevant past cases, laws, and judgments to form legal arguments to defend against infringement. The outcome of this research provides trademark owners with past legal settlements and trail litigation outcomes that have established precedent for supporting the decision-making process of determining future case judgments.
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