Should Trademark Law Protect Non-Traditional Trademarks? [PDF]
Abstract Trademark should not protect non-traditional trademarks, but the practice will continue. Yet, by examining branding and related marketing and design practices, we can find ways to limit trademark expansion. In simplified terms, current U.S.
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Non-Traditional Trademarks and Inherently Valuable Expression [PDF]
Abstract Trademark laws currently allow companies to obtain trademark rights in product configurations, colors, scents, sounds, flavors, textures, and other “non-traditional” marks that identify and distinguish the source of goods or services. This chapter argues that non-traditional trademarks convey expression protected by the right to
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Hands Off “My” Colors, Patterns, and Shapes! How Non-Traditional Trademarks Promote Standardization and May Negatively Impact Creativity and Innovation [PDF]
Abstract This chapter criticizes the protection of non-traditional trademarks (NTTMs) by focusing on three specific examples from the fashion industry: Louboutin, Gucci, and Bottega Veneta. In particular, besides repeating that granting exclusive rights to NTTMs equates in foreclosing competitors and third parties from using any ...
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Secondary Considerations of the Inventive Step in Patents; A Study in the Light of United States Jurisprudence [PDF]
The assessment of the inventive step, a cornerstone of patent law, remains a complex challenge across legal systems. This study examines the role of secondary considerations in evaluating non-obviousness under U.S.
Mirghasem Jafarzadeh, reza arabzadeh
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Protection of Non-Traditional Trademarks in China
The paper attempts to investigate the issue of the protection of non-traditional trademarks in the People’s Republic of China that is ranked first in the number of registered trademarks in the world. The author analyzes the national legislation on the registration of trademarks that permits the registration of such types of non-traditional trademarks ...
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Copyright @ 2011 Berkeley Electronic PressThis Article calls into question the primary meaning of copyright law. It argues that copyright is not primarily a legal instrument, but rather a fundamental mode of human existence.
Borghi, MA
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NEW TYPES OF TRADEMARKS – PROTECTION OF MULTIMEDIA TRADEMARKS [PDF]
The Directive (EU) 2015/2436 of the European Parliament and of the Council of 16 December 2015 to approximate the laws of the Member States relating to trademarks.and the Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June
George-Mihai IRIMESCU
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The Intellectual Property Provisions of the United States-Jordan Free Trade Agreement: Template or Not Template [PDF]
The objective of this article is to examine the implications of the intellectual property provisions in the US–Jordan Free Trade Agreement (US–JO FTA) and whether they serve as a template for other Arab countries who will be concluding free ...
Malkawi, Bashar H.
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LEGAL PROTECTION OF NON-TRADITIONAL TRADEMARKS IN THE EU
The article provides an overview of EUIPO regulatory acts and practice related to registration of rights for non-traditional trademarks. Cited cases relate to shape, position, pattern, sound, motion, multimedia and color trademarks.
Benatov, Daniel +2 more
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Non-traditional trademarks: types and features of regulation [PDF]
The article is devoted to the types and peculiarities of regulation of non-traditional trademarks. Non-traditional trademarks are considered to be: sound, volume, olfactory, taste and other designations. The most common non-traditional trademarks are sound marks. Non-traditional trademark must have a distinctive ability.
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