Use Of Trademarks Research Articles

Innovazione, qualitŕ e marchi nei distretti industriali

In 2009, the growth and revenue performance of district firms in Italy deteriorated sharply. The effects of the 2009 crisis were evident also in terms of distribution performance as the gap between the best and worst-performing firms widened. Nevertheless, despite the difficult economic environment, the Italian production system demonstrated its good reaction capacity. Our analysis points to a significant strengthening of the ability of district firms to react through more intensive use of technological innovations, trademarks, and quality management system certifications. Nevertheless, in markets characterised by increasingly fierce competitive pressures, Italian producers need to further accelerate their efforts to innovate, raise quality, and exploit trademarks.

Use of a trade mark on a website as trade mark use in Australia

Use of a trade mark on a website as trade mark use in Australia

Comments: Highlighting New Technology

Editor's column Last year, the SPE Board of Directors created a task force headed by its technical directors to examine how the society could help accelerate the acceptance and awareness of new upstream technology. The issue is of particular importance now as the industry strives to increase recovery factors and tap new hydrocarbons to meeting escalating global demand. The task force noted that one of SPE’s goals is to provide the means of transferring technology through the technology life cycle—from inception to maturity—including early in the cycle of “emerging technology.” SPE has been strong in transferring more mature technology through its many publications, conferences, lectures, and workshops. But highlighting “young” technology presents a challenge. Technology that is new in the development cycle often does not lend itself to technical papers, the lifeblood of many SPE events and publications. To that end, the SPE Technical Directors’ Technology Pipeline Task Force aims to accelerate emerging technology through publications and other vehicles. JPT is a natural ally in that goal. JPT is now soliciting information on new and emerging technologies to publish and inform the upstream oil and gas community of their potential. Companies and individuals are invited to submit information on their new technologies for possible publication, both in the JPT print edition and online, by submitting a template that describes the technology and what it can do. The template outlines the minimum content necessary for inclusion. Developers of technology will need to define the reason or need for the technology, its purpose, describe how it works, state its target applications, and note how and where it has been used. In addition, the submission must provide information on any case studies, discuss what would cause the new technology to not work or fail, and describe the possible health, safety, and environmental impact. The technology must provide significant benefits beyond commonly used technologies. It must also be original and, to a certain degree, groundbreaking. Future plans for the technology and whether it has been commercially developed should be given, and a company website and contact information provided. The information should avoid undue commercialism, product cost information, and the use of trademark or other commercial symbols. The technology must be no more than two years old, meaning less than two years since its full commercial deployment or introduction to the marketplace. Companies are not limited to one submission. The sub-missions will be reviewed by SPE’s technical directors for possible inclusion in JPT. In addition to this effort, JPT staff are making a special effort to cover emerging technology and its potential for acceptance in the industry. This month’s issue concludes a three-part series on promising technologies that are vying for wider industry acceptance—managed pressure drilling, seismic while drilling, and permanent downhole monitoring—and other recent articles have covered digital rocks and other promising technologies. If you are interested in submitting information on your new technology or have any questions about this process, please contact me at jdonnelly@spe.org.

Trademark use on the Internet, the concept and its position - mainly about foreign trend on Internet advertisement including keyword search ads -

Trademark use on the Internet, the concept and its position - mainly about foreign trend on Internet advertisement including keyword search ads -

The Codevelopment of Trademark Law and the Concept of Brand Marketing in the United States before 1946

Brand marketing became a marketing ‘‘buzz word’’ in the 1990s and continues as one today. However, the concept of brand marketing dates back to the beginning of the twentieth century when it was usually described as trademark advertising. While marketing historians have long noted the popularity of national marketing of branded products at this time and even earlier, this article argues that in addition to the practice of brand marketing, the concept of brand marketing and the beginning of the brand marketing literature developed at this time. Technical trademarks had recently been distinguished from descriptive trade names and were easier to protect, so both marketers and lawyers promoted the use of trademarks and their support by consistent advertising to build what today is called brand equity. They urged that the trademark (brand) had become the key sales connection to consumers rather than the product itself or the company that sells it. In the first half of the twentieth century, the scope of brand marketing expanded to include descriptive brand names and brand extensions when trademark law changed to protect these expansions. The concept of brand marketing expanded to include brand equity as a business asset based on advertising that developed a brand’s social meaning or personality.

How Does the Use of Trademarks by Third-Party Sellers Affect Online Search?

Firms that sell via a direct channel and via indirect channels have to decide whether to allow third-party sellers to use trademarked brand names of products in their advertising. This question has been particularly controversial for advertising on search engines. In June 2009, Google started allowing any third-party reseller of a product to use a trademark such as “DoubleTree” in the text of its ad, even if the reseller did not have the trademark holder's permission. We study the effects of this change empirically within the hotel industry. We find some evidence that allowing third-party sellers to use a trademark in their online search advertising weakly reduced the likelihood of a consumer clicking on a trademark holder's paid search ads. However, the decrease in paid clicks was outweighed by a large increase in consumers clicking on the unpaid links to the hotelier's website within the main search results. Our evidence shows that when a third-party seller focuses on a trademarked brand in its ads, the ads become less distinct, and customers are more likely to ignore the advertised offers and buy from the direct channel.

Genuine use of non-primary trade marks

Genuine use of non-primary trade marks

Piercing the Power of the Patch: How Trademark Law Could Diminish the Power of Gang Insignia

The article, “Piercing the power of the patch: How trademark law could diminish the power of gang insignia”, broaches a new and unique topic for both intellectual property and criminal law academics and practitioners. The article examines trademark and copyright law in the context of criminal organizations, such as gangs. It sets forth the problem of enhanced gang reputation due to trademark and copyright protection, and analyses the extent to which trademark and copyright laws enable and empower gangs to use their insignia within non-commercial and commercial illegal enterprises. The article suggests nine ways in which amendments to the Trademarks Act, Copyright Act and Criminal Code will diminish the power of gang names and insignia, such as through government trademark registration of unregistered gang insignia; expansion of the definition of “offensive” and “scandalous” marks; stringent proof of the purposes of a mark; limitations on renewal and registration of a trademark; forfeiture and expunging trademarks used in a criminal offence; government expropriation of registered trademarks used in a criminal offence; mass distribution of gang trademarks; use of a trademark or trade name in different trade areas in order to deteriorate distinctiveness; and commercial use of a gang mark by law enforcement.

Trade Marks and the Protection of Cultural Integrity

In this paper, the role of the trade mark in both facilitating and resisting cultural change is considered. In considering the South African case of Laugh It Off Promotions CC v. South African Breweries International, the role of trade mark legislation and its interpretation by the courts is discussed in light of the balance between the rights of trade mark owners and cultural integrity. Furthermore, the legislative approaches in protecting indigenous cultures in the United States, Columbia and New Zealand are considered. While New Zealand arguably provides for greater protection of indigenous cultures through its recently enacted trade mark legislation, it is argued that laws broader in scope could be more effective in protecting cultures from not only exploitation, but from any use of trade marks that may degrade cultural integrity. However, the role of intellectual property law as a mechanism for extensive cultural protection is debatable in itself.

Another Look at Basmati: Genericity and the Problems of a Transborder Geographical Indication

The article uses the case of Basmati to identify a number of problems concerning geographical indications, including the interface with trademarks and the issue of genericity. Attempts to enter and free‐ride on Basmati's premium rice market include the use of trademarks and (RiceTec's US) patent. Reviewing these, the article notes the subject matter of geographical indications can be implicated by other forms of intellectual property, such as patents. The case of Basmati is all the more problematic because of its transborder reality for which no provisions exist in the Agreement on the Trade‐Related Aspect of Intellectual Property Rights (TRIPS). The article outlines and discusses various institutional models for a joint registration of Basmati between India and Pakistan as a possible solution for the TRIPS requirement of “home protection” (compare article 24.9).

Trademark use on the Internet, the concept and its position - mainly about foreign trend on Internet advertisement including keyword search ads -

Trademark use on the Internet, the concept and its position - mainly about foreign trend on Internet advertisement including keyword search ads -

RETRACTED: Google's use of Rescuecom's trademark as an advertising keyword and the U.S. Federal Trademarks Act

This article has been retracted at the request of the Editor-in-Chief, the Editor-in-Chief of Midwest Law Journal (where the article is due to be published) and Michaud-Kinney Group LLP representing Professor Gedge. Please see Elsevier Policy on Article Withdrawal ( http://www.elsevier.com/locate/withdrawalpolicy ). Reason: The author has plagiarized the entire paper from an unpublished work by Professor Judy Gedge, Assistant Professor of Business Law, School of Business, Quinnipiac University, Hamden, Connecticut. As such Professor Malkawi's article represents a severe abuse of the scientific publishing system. Readers are advised not to cite to this article published under the name of Professor Malkawi. The scientific community takes a very strong view on this matter and we apologize to Professor Gedge, the author of the original article.

Keyword Advertising, and Other Invisible Uses of Third-Party Trade Marks in Online Advertising - A New Zealand/Australasian Perspective

From the early days of the Internet, the use of trade marks have been the subject of intense debate and often litigation. Indeed, much of what constituted "Internet Law" in the late 1990s was driven by controversies over the use of trademarks, in domain names, on Web sites (both visibly and invisibly), and other forms. As we entered the 21st century, the discussion shifted to the advertising arena, as search engine companies saw ways to profit by selling advertising, using methods tied to the trade marks of third-parties. For example, search engines such as Google, Yahoo, Microsoft, Ask.com, and others, have sold Internet "key words," words that when searched for using their search engine, might produce a desired search result, or "hit." When such key word search terms happen to be trade marks, the owners of such marks have reacted by filing litigation, in some jurisdictions, or government action has been brought, in others. This paper discusses those practices, and how third-party use of trade marks in Internet advertising is conducted in New Zealand and Australia, and how courts and government agencies in Australasia and elsewhere have dealt with such practices, or how existing jurisprudence might be applied. The papers begins with an examination of the trade mark, its origins in English common law and how it has evolved, and how owners can prevent third-party unauthorised use. The paper discusses what constitutes "trade mark use," in various jurisdictions (including the US, the UK, Australia and New Zealand). Included is discussion of New Zealand and Australia’s trade mark law, the law of passing off, and other consumer protection laws. The paper reviews relevant jurisprudence from the US and UK and discusses how such disputes might be resolved in New Zealand.

Service marks as indicators for innovation in knowledge-based services

It has long been a tradition in the field of innovation research to use quantitative indicators to measure the extent of innovation activities and analyze them in from a comparative cross-national perspective. For instance, using patents is an established way of assessing innovation output in the realm of technologies and products. With the growing relevance of services as an important economic activity, the need for specific indicators that can be used to measure innovation output in this context is growing. In this paper we discuss the possibilities and limits of using service marks as basic innovation indicators for services. As most macroanalyses on the basis of marks are not harnessing their full potential, improved methods for more detailed approaches are presented. In detail, the use of community trademarks proves to be insufficient for valid statistical analyses; international registrations combined with community trademarks should be used instead. Some examples are given to illustrate the potential of this approach on a lower level of aggregation.

Pay-per-Click Search Engine Advertising

Having outlined the legal position in relation to the use of trademarks in pay-per-click advertising, this study investigates trademark use in hotel searches. Using a randomly selected sample of ninety hotel properties worldwide, searches were performed on two leading search engines to investigate whether third parties were using hotel trademarks in their paid placement. Findings indicate that abuse is rampant. While hotels perform well in organic search, they are usually preceded by or surrounded by paid listings abusing their trade names. Customers are potentially being diverted to competing websites, and urgent action is needed to reclaim hotel trademarks in the online search environment.

Trademark Use Doctrine - Ground on Internet Keywords Adversity

Technological innovations, incredible marketing strategies and forming consumer habit have been shaping the form of trademark use for centuries. The way people use information and purchase merchandise is also changing the internet. Companies need to seek a new marketing strategy advertising their products so as to break through information flow; and keyword advertising is regarded as an effective way to solve the obstacle. The core issue, however, Trademark Law, about what is trademark use, once again be brought forth into light.United States Federal Courts have never articulated a standard for trademark use, nor addressed whether selling keyword advertising falls into the scope of trademark use the pre-internet age. In this article, however, we can see courts strike down a doctrine of trademark use which is drawn Lanham Act. The Courts expand definition of A mark is used commerce to the field of trademark use doctrine as, in connection with services when it is used or displayed the sale or advertising of services and the services are rendered commerce. And keyword advertising is merely a measure of competition which selling and buying keyword advertising is not deemed as trademark use.Strong international trademark protection has unevenly influenced national trademark regulation. Since national trademark rules share a common source, Taiwanese Trademark Law might vary the definition of trademark use as well as Taiwanese courts.

Keyword Advertising: Challenging the Traditional Concept of "Use" under Malaysian Trade Mark Law

Keyword advertising involves the sale of keywords, sometimes comprising the trade marks of others, by search engine providers so that the keyword purchasers' advertisements are triggered as sponsored results whenever Internet users type in any of the keywords as search terms. This method of online advertising is new and novel and has been embraced widely by many businesses. However, its legality, particularly in the sale of keywords comprising the trade marks of others, has been challenged in a number of major jurisdictions. This article examines the approach of the courts in the U.S. and the UK with regard to the practice of keyword advertising with particular emphasis on the concept of "trade mark use." With these foreign decisions serving as a useful guide, this article analyses and evaluates whether the practice of keyword advertising is legal under Malaysian trade mark law as embodied in the Trade Marks Act 1976.

Keyword Advertising: Challenging the Traditional Concept of “Use” under Malaysian Trade Mark Law

AbstractKeyword advertising involves the sale of keywords, sometimes comprising the trade marks of others, by search engine providers so that the keyword purchasers' advertisements are triggered as sponsored results whenever Internet users type in any of the keywords as search terms. This method of online advertising is new and novel and has been embraced widely by many businesses. However, its legality, particularly in the sale of keywords comprising the trade marks of others, has been challenged in a number of major jurisdictions. This article examines the approach of the courts in the U.S. and the UK with regard to the practice of keyword advertising with particular emphasis on the concept of “trade mark use.” With these foreign decisions serving as a useful guide, this article analyses and evaluates whether the practice of keyword advertising is legal under Malaysian trade mark law as embodied in the Trade Marks Act 1976.

Keyword Advertising, and Other Invisible Uses of Third-Party Trade Marks in Online Advertising - a New Zealand/Australasian Perspective

From the early days of the Internet, the use of trade marks have been the subject of intense debate and often litigation. Indeed, much of what constituted "Internet Law" in the late 1990s was driven by controversies over the use of trademarks, in domain names, on Web sites (both visibly and invisibly), and other forms. As we entered the 21st century, the discussion shifted to the advertising arena, as search engine companies saw ways to profit by selling advertising, using methods tied to the trade marks of third-parties. For example, search engines such as Google, Yahoo, Microsoft, Ask.com, and others, have sold Internet "key words," words that when searched for using their search engine, might produce a desired search result, or "hit." When such key word search terms happen to be trade marks, the owners of such marks have reacted by filing litigation, in some jurisdictions, or government action has been brought, in others. This paper discusses those practices, and how third-party use of trade marks in Internet advertising is conducted in New Zealand and Australia, and how courts and government agencies in Australasia and elsewhere have dealt with such practices, or how existing jurisprudence might be applied. The papers begins with an examination of the trade mark, its origins in English common law and how it has evolved, and how owners can prevent third-party unauthorised use. The paper discusses what constitutes "trade mark use," in various jurisdictions (including the US, the UK, Australia and New Zealand). Included is discussion of New Zealand and Australia’s trade mark law, the law of passing off, and other consumer protection laws. The paper reviews relevant jurisprudence from the US and UK and discusses how such disputes might be resolved in New Zealand.

'Trade Mark Use' in Infringement of Trade Marks under the Trade Marks Act 1994

Section 10 of the Trade Marks Act 1994 of the UK and Article 5 of the Trade Marks Directive prohibit 'use of a sign' not 'trade mark use'. In this regard such wordings have given rise to the question of whether any use in commerce suffices for infringement or whether the requirement of 'trade mark use' as opposed to 'descriptive use' should be retained. To solve this problem, it is necessary to discuss the UK courts' positions under the previous trade mark acts and the European Court of Justice's decisions under the EU Trade Marks Directive, in particular the decision in Arsenal case. Because there is a conflict of interests between trade mark proprietors, competitors and consumers, making clear of the concept of 'trade mark use' will contribute to balancing the interests of the concerned parties.