Brand Protection Research Articles

ОПРЕДЕЛЕНИЕ УРОВНЯ ЗАЩИЩЕННОСТИ БРЕНДА ЗАСТРОЙЩИКА

The residential real estate construction market is increasing in volume but remains the most risky industry in terms of investment due to the long lead time for product creation and realization. Brand can play an important role in reducing the risk of real estate developers. There is a relationship between the concepts of image, reputation, brand and goodwill. Hence, a real estate developer's goodwill is affected by its image and reputation. Research Objective. It is necessary to identify approaches for assessing the reputation of developers in regional residential real estate markets in order to maintain their brand and, consequently, competitiveness at the required level. Materials and Methods. By analogy with the method of solving the problem of choosing a shopping center by a client, we propose a method for assessing the level of protection of the developer's brand, which is understood as the reputation of the developer in relation to the regional market. Initial data for assessing the level of protection of the developer's brand are consumer reviews in the Internet. It should take into account the Ganning Nebula Index of reviews about the developer, the average volume of words in reviews about the developer, the number of negative reviews about the developer, the total number of reviews about the developer and the degree of competitiveness of the residential real estate market in the region. Results. As a demonstration example of using the proposed method of assessing the level of protection of the developer's brand, a conditional market represented by 9 conditional developers was modeled. For each developer conditional individual parameters were selected and on their basis the level of the developer's brand protection was calculated. A comparative analysis of parameters and the level of brand protection of real estate developers was carried out. In particular, it is shown which parameters and their combinations positively or negatively affect the level of brand protection of the developer. Conclusion. Based on the results of the given demonstration example, it can be stated that the proposed approach to determining the level of protection of the developer's brand in the Internet, at least, does not contradict common sense, and, at most, is a relevant and useful tool for an objective assessment of the developer's business reputation.

Explainable machine learning for predicting the geographical origin of Chinese Oysters via mineral elements analysis

The traceability of geographic origin is essential for guaranteeing the quality, safety, and protection of oyster brands. However, the current outcomes of traceability lack credibility as they do not adequately explain the model's predictions. Consequently, we conducted a study to evaluate the efficacy of utilizing explainable machine learning combined with mineral elements analysis. The study findings revealed that 18 elements have the ability to determine regional orientation. Simultaneously, individuals should pay closer attention to the potential risks associated with oyster consumption due to the regional differences in essential and toxic elements they contain. Light gradient boosting machine (LightGBM) model exhibited indistinguishable performance, achieving flawless accuracy, precision, recall, F1 score and AUC, with values of 96.77%, 96.43%, 98.53%, 97.32% and 0.998, respectively. The SHapley Additive exPlanations (SHAP) method was used to evaluate the output of the LightGBM model, revealing differences in feature interactions among oysters from different provinces. Specifically, the features Na, Zn, V, Mg, and K were found to have a significant impact on the predictive process of the model. Consistent with existing research, the use of explainable machine learning techniques can provide insights into the complex connections between important product attributes and relevant geographical information.

The impact of Jordan's accession to the Madrid trademark registration system

This study aims to find out the impact of Jordan's accession to the Madrid trademark registration system ," which is one of the most important means of international protection as the applicant's trademark is registered in all countries through one registration in one language, It is submitted to the Registrar of Current Marks in the Country of Origin, whose role is to transfer to the International Registration Office of the World. The descriptive and analytical methodology has been used, as this registration has been described and a statement of procedures and conditions legal implications and analysis of the legal texts governing this system. The study drew several conclusions and recommendations, the most important of which was that the brand enjoyed international protection in all countries of the world as if it were registered with the National Office, and that all States must join the Madrid system in order to provide broader brand protection.

Legal Empowerment for SMEs Regarding Collective Marks: A Legal Analysis

This study aims to conduct a legal analysis regarding the empowerment of SMEs in obtaining protection for collective trademark rights. This article uses doctrinal research (normative juridical), using primary and secondary legal materials and non-doctrinal using primary data. The results of the research and discussion show that empowering MSMEs through collective brand protection needs to be considered from both normative and empirical aspects. From the normative aspect, there are still inconsistent arrangements and unclear norms. while at the empirical level the provision of collective brand protection for MSMe is relatively difficult to realize.

Research on the Sustainability of Environmental Protection of Fashion Brands

By examining whether or not fashion behemoths like Louis Vuitton ought to keep continuing to use sustainable and ecologically friendly production methods, this article seeks to highlight the significance of sustainability for fashion businesses. It also seeks to persuade consumers to purchase eco-friendly clothing. I started by outlining Louis Vuitton's history. Then I enumerated the many objectives set by Louis Vuitton and the sustainable product innovations they are actively adopting. I then examined whether Louis Vuitton should keep using green production methods using two business tools, SWOT and STEEPLE. Analysis of these two viewpoints allows we to assess Louis Vuitton's own compliance with its obligations as well as the external social environment's attitude toward sustainable fashion and its development. Finally, after performing the study, it is clear that businesses in the fashion sector as a whole must create ecologically friendly and sustainable production methods in addition to Louis Vuitton continuing its environmental protection efforts.

The Legal Risks that Local Chinese Companies face when being Acquired by Foreign Multinational Companies and the Measure

With the comprehensive and in-depth development of reform and opening up in the last century, as well as since China's accession to the WTO in 2001, foreign multinational companies have aimed at China, accelerated the pace of entering our market. A large number of mergers and acquisitions of Chinese enterprises have penetrated into many industrial fields in China. International mergers and acquisitions have become one of the important ways for multinational companies to enter our market, and many enterprises in China have encountered or will encounter mergers and acquisitions by multinational companies. Due to the lack of specific and detailed laws and regulations in China, the lack of a systematic regulatory mechanism for foreign companies merging with Chinese companies, and the significant differences and gamesmanship between Chinese and foreign merger and acquisition laws, local Chinese companies are exposed to huge risks in the process of being merged by foreign companies. This paper uses legal analysis to explore the legal risks faced by Chinese enterprises in international M&A. It proposes ways to deal with the risks by improving M&A laws and anti-monopoly laws, creating a national brand protection system and actively implementing anti-malicious takeover measures.

Regulating Ambush Marketing in an Increasingly Social Era

The practice of ambush marketing continues to proliferate around mega sport events, notably during the Olympics. The ongoing commercial threat to official sponsors and event organizers threatens the sponsorship model on which the events rely. The current situation is further complicated by increased social media activity and engagement by competing athletes to engage not only with their followers on social media but also with endorser brands who may not always also be official sponsors of the event. The increasing role of Rule 40 of the Olympic Charter as a regulatory tool on social media to prevent ambush marketing is discussed as an additional brand protection measure beyond traditional legal enforcement. The commentary explores advances in recent scholarship related to ambush marketing and suggests directions for future research. Legal, policy, and practical implications for social media in sport are discussed.

IMPROVEMENT OF METHODOLOGICAL PRINCIPLES OF BRAND PROTECTION IN CYBERSPACE

The main purpose of this scientific work is to improve the theoretical and methodological foundations of ensuring data protection in cyberspace in the direction of forming a brand protection system to increase its level of recognition, strengthen reputation and increase brand capital as factors of competitive advantages of the organization for the long run.In order to achieve the purpose, general scientific and special research methods have been used in the article, the main of which were the methods of scientific abstraction, generalization and synthesis, analytical diagnostics, descriptive statistics and the index-criterion method. Method of system analysis has been used in the research in order to comprehensively characterize the main aspects of brand protection in the information environment. Methods of steganographic protection of information, areas of their use and requirements for the characteristics of steganographic methods are considered.The importance for companies to carefully research the issues of ensuring a brand image in the environment of a potential target audience by tracking manifestations of abuse of public opinion and a positive attitude towards the brand in order to ensure a high image level, the business reputation of the organization's branding policy, increase the level of data protection in the virtual space, as well as satisfaction and trust of the target audience for the long term are substantiated. Selection and justification of the coefficient of importance and evaluation criteria of steganographic methods, which were chosen and justified for use in ensuring cyber protection of the brand (stability, invisibility, security, complexity of embedding and extracting information). There was carried out the calculation of the weight characteristics in relation to the selected methods of hiding information to ensure cyber protection of the brand.It was established that in a comprehensive comparison of information embedding methods for use in steganographic applications designed to increase brand cyber protection, the best result was shown by integrated methods based on discrete wavelet transformation and discrete cosine transformation.

ATR-FTIR spectroscopy combined with chemometrics to assess the spectral markers of irradiated baijius and their potential application in irradiation dose control

Although some methods have been proposed for the identification of irradiated baijius, they are often costly, time-consuming, and destructive. It is also unclear what instrumentation can be used to fully characterize the quality changes in irradiated baijius. To address this issue, this study pioneers the use of attenuated total reflection Fourier transform infrared (ATR-FTIR) spectroscopy in combination with chemometrics to open up new avenues for characterizing irradiated baijius and their quality control. Principal component analysis, five spectral pre-processing methods (Savitzky-Golay smoothing (S-G), second-order derivative (SD), multiple scattering correction (MSC), S-G + SD and S-G + MSC), five wavelength selection methods (random forest variable importance (RFVI), two-dimensional correlation spectroscopy (2D-COS), variable importance in projection (VIP), ReliefF, and Venn), and three classification models (partial least squares-discriminant analysis (PLS-DA), random forest (RF), and grasshopper optimization algorithm-based support vector machine (GOA-SVM)) were integrated into the analytical framework of ATR-FTIR spectroscopy, aiming to accurately identify baijiu samples according to different irradiation doses and to search for irradiation-induced spectral difference characteristics (spectral markers). The results showed that SD was the best spectral pre-processing method, and RF models constructed using the 20 most competitive and discriminative spectral markers (selected by Venn) could achieve accurate identification of baijiu samples based on irradiation dose (0, 4, 6, and 8 kGy). After Pearson correlation analysis, the five significantly (P＜0.05) changed spectral markers (1596, 2025, 2309, 2329, and 2380 cm−1) were attributed to changes in the content of total acids, alcohols, and aromatic compounds. These findings demonstrate for the first time the potential of ATR-FTIR spectroscopy as a fast, low-cost, and non-destructive tool for the characterization and identification of irradiated baijiu samples. This approach may also offer a promising solution for labeling management of irradiated foods, vintage identification of baijius, and brand protection.

Burning the candle at both ends: how to balance potential profitability and brand protection when licensing brands

PurposeDrawing on transaction cost economics, the authors conceptualise brand licensing as a form of alliance. Its performance may be affected by a licensee’s potential opportunism resulting from an imbalance of specific investments in brand-building prior to signing the licensing agreement. From the licensor’s perspective, brand licensing represents a trade-off between brand protection and additional revenues. This study aims to examine how this trade-off shapes licensors’ evaluations of the attractiveness of brand licensing opportunities.Design/methodology/approachIn a vignette study, 121 brand licensing professionals evaluated the attractiveness of up to eight hypothetical brand licensing opportunities with different levels of risk and profitability.FindingsFrom a licensor’s perspective, high brand quality and distribution risks decrease the attractiveness of a licensing opportunity, although the latter risks are more pronounced. High potential profitability has a positive and significant effect on attractiveness.Research limitations/implicationsThe risks outlined in this study refer to licensee behaviour. The licensor may also behave opportunistically. The authors encourage research designs that enable a dyadic evaluation of licensing opportunities because a comparison of a licensor’s and a licensee’s assessments of the same scenario would be illuminating.Practical implicationsThe findings enable the development of an evaluation template that directs brand owners’ attention to the risks and gains of brand licensing opportunities. It supports licensors in choosing the “best” opportunity.Originality/valueThis study identifies risks emanating from a licensee’s potential opportunism from a licensor’s perspective. It juxtaposes these risks with the potential profitability of brand licensing opportunities. It is thus one of the first studies to address a licensor’s decision-making trade-offs in a large-scale empirical setting.

Restarting Athens Marathon During COVID-19 Uncertainty

The COVID-19 outbreak had a disastrous effect in the event industry. This has also heavily affected sport events with substantial disruptions, postponements, and even cancellations. The study focuses on Athens Marathon participants, and examines their perspectives concerning their willingness to support the restart of the event. The research was held in November 2021, during the restart of Athens Marathon at Kalimarmaro stadium in Athens, Greece. Drawing from a sample of 400 race runners in all three Athens Marathon races (5 km, 10 km, 42 km), the research examines the chaordic systems of participants' decision-making through the employment of fuzzy-set Qualitative Comparative Analysis. The findings have generated three sufficient pathways (event loyalty, COVID-19 effect, brand protection) that are able to lead to the participants' willingness to support the restart of Athens Marathon. The contribution of the study lies in both theoretical and methodological domains, while it also provides several managerial implications.

COMPONENT COMPOSITION OF INKS, PAINTS AND DYES AS AN IMPORTANT COMPONENT OF DOCUMENT PROTECTION AGAINST COUNTERFEITING

This article analyzes the component composition of inks, paints and dyes, and also gives a general description of one or another type of ink or dye and a classification of some of them. The historical aspect of the manufacture of inks and their components is highlighted. Writing ink was first made in ancient Egypt and China around 2500 BC. The features of paints depending on the type of printing (high, gravure, flat offset, screen) are studied and examples of their application are given. Flat offset inks used in newspapers are usually simple in composition. As for letterpress, although this type is gradually being replaced by other printing processes, it is still used in the production of money, most paper-based forms in printing serial numbers, etc. Gravure inks are similar to flexographic inks, except that ketones and aromatic hydrocarbons can be used as solvents, allowing much greater freedom in the choice of binders. This type of ink for inkjet printing, such as solvent ink, is considered in detail. Solvent ink is a complex physical and chemical system for inkjet printing, consisting of pigment, polymer, film former, solvent and special additives. The structural composition of solvents is characterized, which, getting on paper, undergoes a number of changes over a fixed period of time, as a result of which the dye dries on paper. Ethanol, benzyl alcohol and many other solvents can also be used as carriers. The choice of solvent or solvents often depends on the properties of the writing instrument. The so-called «invisible» ink (UV ink, thermosetting ink, etc.) was studied separately as a kind of protective element. This type of ink is mainly used in steganography, anti-counterfeiting and currency security features, packaging authenticity indicators, brand protection, and secret messages. Conclusions are drawn, emphasizing that understanding the principle of operation of one or another element of protection allows forensic experts of forensic technical examination of documents to effectively identify forgery.

Legal Protection against Unregistered Marks and Unfair Competition Practices (Comparative Study of Indonesia and the United States)

Business competition cannot be avoided any more if you decide to be involved in the business sector. However, business competition is only sometimes carried out automatically, fair and healthy. There are still many business actors who compete unfairly by justifying any means to be able to maintain their business. One is for brands prone to piracy, which are identification marks of a product/service. Therefore, legal protection of brands needs to be done to obtain legal certainty. The research method used in this paper is normative legal research, which is carried out by studying literature using secondary data to solve existing problems. In Indonesia, legal protection for marks can obtain legal certainty if they are successfully registered with the Director General of Intellectual Property Rights (HKI) using the first-to-file principle regulated in the Law on Trademarks and Geographical Indications. It differs slightly from the US trademark protection system, which uses the principle of use in commerce and requires the trademark owner to register the trademark with the United States Patent and Trademark Office (USPTO) under the Lanham Act.

Unveiling Fakes: A Blockchain-Backed Approach for Product Authentication

Abstract: In recent years, the proliferation of counterfeit products has become a pervasive issue, posing significant challenges to consumers, businesses, and governments worldwide. Traditional methods of detecting fake products often fall short due to their reliance on centralized databases, which can be tampered with or manipulated. However, blockchain technology, with its decentralized and transparent nature, offers a promising solution for detecting fake products. This paper presents a novel approach for fake product detection using blockchain technology, leveraging its inherent properties of immutability, transparency, and distributed consensus. The proposed system utilizes a blockchain-based registry that securely records product information, such as serial numbers, manufacturing details, and supply chain data, at each stage of the product's lifecycle. Through smart contracts and cryptographic techniques, the system ensures that product information is authentic and cannot be tampered with. Moreover, the system allows consumers, businesses, and other stakeholders to easily verify the authenticity of a product by accessing the blockchain registry, thereby empowering them to make informed purchasing decisions. The paper also discusses the potential benefits and challenges of implementing blockchain-based fake product detection, including increased consumer trust, improved supply chain visibility, and enhanced brand protection, as well as considerations such as privacy, scalability, and interoperability. Overall, this paper contributes to the emerging field of blockchain applications in supply chain management and counterfeit detection, providing insights and recommendations for future research and development in this area.

Mobile authentication of copy detection patterns

In the recent years, the copy detection patterns (CDP) attracted a lot of attention as a link between the physical and digital worlds, which is of great interest for the internet of things and brand protection applications. However, the security of CDP in terms of their reproducibility by unauthorized parties or clonability remains largely unexplored. In this respect, this paper addresses a problem of anti-counterfeiting of physical objects and aims at investigating the authentication aspects and the resistances to illegal copying of the modern CDP from machine learning perspectives. A special attention is paid to a reliable authentication under the real-life verification conditions when the codes are printed on an industrial printer and enrolled via modern mobile phones under regular light conditions. The theoretical and empirical investigation of authentication aspects of CDP is performed with respect to four types of copy fakes from the point of view of (i) multi-class supervised classification as a baseline approach and (ii) one-class classification as a real-life application case. The obtained results show that the modern machine-learning approaches and the technical capacities of modern mobile phones allow to reliably authenticate CDP on end-user mobile phones under the considered classes of fakes.

LEGAL PROTECTION OF A TRADEMARKS FROM DEEP LINKING IN THE DIGITAL WORLD

Issues surrounding the practice of deep linking as brand infringement represent a new transformation in the form of digital brand infringement. Legal protection against new forms of digital trademark infringement is urgently needed in order to protect brands as intellectual property rights in the ICT era. The approach method used in this research is normative juridical by using secondary data in the form of literature on laws and regulations, books and articles related to deep linking and brands. From the exposure and discussion of the act of deep linking of a brand digitally which is studied through the analysis in this article, it can be concluded that the theory and legal principles used in underlying the formation of a trademark protection law from deep linking as a trademark violation on the internet include the theory of brand protection in the era of ICT, the theory of development law and the theory of economic analysis of law (economic analysis of law). The principles that can underlie the law on trademark protection from deep linking include the Droit de Suite principle and the Good Faith principle. As a legal basis for civil lawsuits and criminal prosecution of deep linking of current brands, the articles contained in the ITE Law can be used because Law Number 20 of 2016 concerning Marks and Geographical Indications does not yet regulate deep linking.

Counterfeiting of Weel-Known Brands in Indonesia: Legal Protection?

The use of well-known brands is now starting to bloom, and this is none other than because it promises big benefits that will be obtained when using well-known brands instead of using their brands. One of the reasons why many industries use well-known brands for their products is to make them easy to sell. This study uses normative legal research methods to examine the protection of well-known brands in Indonesia. The results of this study indicate that trademark protection is provided after the trademark owner registers his trademark. Law Number 20 of 2016 needs to define well-known brands clearly. Well-known marks, namely the rejection of an application that is basically the same or wholly with a well-known Mark for similar goods and services is carried out with due observance of the general provisions. public knowledge about the mark in the field of business concerned. In addition, attention is also paid to the reputation of a well-known brand that is obtained due to vigorous and large-scale promotions, investments in several countries in the world that are carried out by the owner and are accompanied by proof of registration. brand in several countries.

Legal Protection of Well-Known Brands in Different Classes of Goods Case Study of Starbuck Corporation (Analysis of District Court Decision No: 51/Pdt.Sus/Merek/2021/PN Niaga Jkt.Pst Juncto Supreme Court Decision Number 836 K/Pdt.Sus-HKI/2022)

Mark is a part of Intellectual Property Rights (HKI) which functions as a differentiator between one product and another, and a sign to identify the origin of goods and services. Not infrequently there are parties who have bad intentions to find shortcuts to success by piggybacking on the reputation (passing 0ff) of a well-known brand. Even though this has been regulated in Indonesia, it cannot be separated from the problem of infringement of trademark rights which has led to disputes in court, one of which is a trademark dispute between STARBUCKS CORPORATION and PT. SUMATERA TOBACCO TRADING COMPANY. The purpose of this study is to find out the regulation of trademarks and geographical indications governing well-known brands, how is the legal protection of well-known brands when there are registrations of other brands which have divisions into different classes, and how is the legal protection of the Starbuck brand, which has similarities in principle to the Starbuck brand registered in a different class, case study of District Court decision No: 51/Pdt.Sus/Merek/2021/PN Niaga Jkt.Pst Juncto Supreme Court decision No: 836K/Pdt.Sus-HKI/2022. The approach used is a normative juridical approach, and is descriptive in nature with secondary data sources which include primary, secondary and tertiary legal materials. The technique used in library research uses qualitative methods. The results of the study found that the lawsuit between the Plaintiff's Starbucks brand and the Defendant's Starbucks brand had similarities in principle. The researcher is of the opinion that the panel of judges is right in giving their legal considerations, namely there are similarities, similarities in the form of arrangement and number of letters, as well as the similarity in sound and assessment of the Plaintiff's Starbucks brand with the Defendant's Starbucks brand.

Actualization of the German Language Status in the Absence of the State Language Category in the German Legislation

This article addresses the issue of the representation of the German language status in legislative texts of the Federal Republic of Germany in the absence of the category «state language». The research methodology is based on the E. S. Kubryakova's understanding of the nominative aspect of the speech activity, who distinguishes two ways of designating objects: both through nomination and predication. The aim of this paper is to determine main functions of linguistic expressions, which regulate the role of the German language in legislation (nomination and / or predication), and language means of their representation. Research objectives: 1) to make a selection of fragments of normative legal acts on the federal level related to language legislation; 2) to select the nominations and / or predications used to actualize the leading role of the German language; 3) to study the structure of selected nominations and / or predications. The material of this paper is presented by excerpts from the Fiscal code, Authentication law, Court constitution law, Law on the protection of brands and other marks, Law on alternative dispute resolution in consumer matters, Law on the residence, employment and integration of foreigners in Germany, Law on the supervision of insurance companies, Trading law, Disability equality act, Commercial Code. In the theoretical part of the work, definitions of the categories «state language», «official language», «nomination» and «predication» are presented. The practical part of the paper addresses the analysis of excerpts from federal legislation. In conclusion, the results of the issue are presented: the leading role of the German language in the legislation of the Federal Republic of Germany is updated through nominations and predications; nominations are represented both by separate compound words and by sequences of words syntactically related to each other; predications are represented by semantic verbs in the form Präsens Indikativ (in conditional clauses) as well as several types of modal constructions.

Perlindungan Karya Batik Tradisional Kampung Pesilat Melalui Merek Kolektif

Traditional batik products made by artisans in a community or region are often not aware of the importance of protecting their work through Intellectual Property Rights, especially brands. Even though the potential for the development of traditional batik products can be optimized through brand protection. An example is the traditional batik work produced by the people of Kampung Pesilat in Madiun Regency. Kampung Pesilat's batik creations already exist and have been passed down from generation to generation until now, the batik craftsmen still carry out small-scale production. This research will examine the proper brand protection for the development of traditional Batik handicraft products. This research is legal research, namely normative legal research. The approach used is the statute approach and conceptual approach.