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134 articles found for Trademarks

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From the News Portal
Title/Abstract
The Distinctive Character Required for Registration of a Mark may be Acquired Through its Use as Part of an Already Registered Trade Mark
Court of Justice of the European Communities, Press Release 65/05
...
Trademarks v. Referential Domain Names
Martha L. Arias, Attorney at Law; IBLS Editor
Most people associate the phrase "domain name” with a company's website or an e-commerce business. The vast uses of the Internet, however, includes ...
Installing Software for Filtering Copyright Violations is Legal in the European Union
Martha L. Arias; Attorney at Law, IBLS Editor
On November 24, 2011, the European Court of Justice (ECJ) held that certain European Union Directives read together precluded an injunction against an Internet ...
The Use of Trade Marks as Keywords in the European Union
Martha L. Arias, Attorney at Law; IBLS Editor
The use of trademarks as keywords in Internet advertising has caused controversy and ignited litigation by trademark owners who file infringement lawsuits when their ...
PROTECTING COMMUNITY IPRS (Part Four)
Roshni Chadda & Neha Jain
Explanation to S. 25: The GI Act, 1999 contains special provisions relating to trademark and prior user. S. 25 prohibits registration of GI as ...
European Community Trade Mark Case, The Court of First Instance of the EU
Taken from oami.eu.int
...
Statistics of Community Trade Marks
Office for Harmonization and Internal Market- OHIM
...
UK Trade Marks Law
Taken from intellectual-property.gov.uk
...
EU: CTN Online
Office for Harmonization and Internal Market- OHIM
...
Statistics in National, International and Community Trademark Application in First half of 2005
Office for Harmonization and Internal Market- OHIM
...
Community Trade Mark Renewals
Office for Harmonization and Internal Market- OHIM
...
Study on the Economic Importance of Industries and Activities protected by Copyright and Related Rights in the MERCOSUR Countries and Chile
World Intellectual Property Organization & State University of Campinas
...
Israel: The Trademark Ordinance
Israel Ministry of Justice, Trademark Department
...
Registration of a Trademark in Mongolia
IBLS Contributor: Ulaanbaatar Battsengel, Erdem and Bayar Law Firm, Mongolia, info@bayarlaw.mn
In Mongolia , the use of a trademark is not a prerequisite for filing an application for the registration of a trademark. Unregistered marks ...
Royalties, Non-resident Withholding Tax
Inland Revenue Service, New Zealand
When a New Zealand resident or a permanent establishment in New Zealand makes payments to a non-resident for the rights to use their intellectual ...
China's Keyword Dispute Resolution Centre
IBLS Editorial Department
Hong Kong International Arbitration Centre's (HKIAC) established the Internet Keyword Dispute resolution Centre. As its name infers, this arbitration centre solves Internet keyword disputes ...
EFF Backs Parody Protest Site of Chicago Auto Show
IBLS Contributor: Electronic Frontier Foundation, Press Releases, www.eff.org.
On February 1, 2007, EFF warned the Chicago Auto Show to back off attempts to muzzle protestors who posted a parody of the show's ...
Counterfeiters Beware! Court of Appeal Rules on Criminal Provisions of the Trade Marks Act
By David Jackson, Senior Associate, Freehills Melbourne, & Campbell Thompson, Partner Freehills Melbourne
A recent decision of the Court of Appeal of the Supreme Court of Victoria will bring good news to owners and licensees of trade ...
The State of Global Cybersquatting in 2007
IBLS Editorial Staff
The World Intellectual Property Organization (WIPO) reports Internet cybersquatting is exploding globally, up 25% in 2006 over the previous year, as even software colossus ...
Israel: Outlines for the Treatment of Trade Marks application
Israel Ministry of Justice, Trademark Department
...
Courts Split on Trademark-Triggered Internet Ads
IBLS Contributor: Jere M. Webb, Stoel Rives LLP, US, jmwebb@stoel.com
U.S. cases are widely split on whether trademark-triggered banner ads or sponsored links constitute “use” under the federal trademark statute, whether this sort of ...
The EU welcomes the new year with a gift for businesses: A plan to lower trademark fees
Editor, Maricelle Ruiz, IBLS Director -- Europe
A rising budget surplus at the EU agency responsible for granting trademark and design rights has prompted the European Commission to launch a plan ...
Record Number Of International Trademark Applications In 2005 With Germany Leading For 13th Consecutive Year
World Intellectual Property Organization
...
How to Apply for a Trademark in Hong Kong
Martha L. Arias, LL.B., J.D., LL.M.
How to apply for a registered trademark in Hong Kong? To register a Trademark in Hong Kong (HK) some criteria set by HK Trademark Ordinance ...
Warning: Beware Unsolicited Trademark Services
International Trademark Association-INTA
...
Japan’s Trademark Law
Martha L. Arias, Attorney at Law, IBLS Editor
Intellectual property laws, particularly copyrights and trademarks, became a fundamental topic for Internet dealings. Fortunately, most countries around the world are signatories to the ...
Temporary Restraining Orders in Online Advertising Cases must be Obeyed Immediately
Martha L. Arias, IBLS Director.
The United States Court of Appeals for the Eastern District of California issued a preliminary injunction and a temporary restraining order (TRO) against the ...
Fight Over Google's 'Sponsored Links' Threatens Internet Free Speech
IBLS Contributor: Electronic Frontier Foundation, Press Releases, www.eff.org.
San Francisco - The Electronic Frontier Foundation (EFF) asked the U.S. 2nd Circuit Court of Appeals today to uphold an important ruling allowing anyone ...
Japan’s Intellectual Property Department Top E-filers Firms
Martha L. Arias, IBLS Director.
Japan’s Intellectual Property Department (IPD) recently published the top 10 users of its E-filing system to submit trademark, patent and design forms. Deacon is ...
Use of Intellectual Property by Health Research Institutes in Developing Countries
World Intellectual Property Organization- WIPO
A three year project funded by the Geneva International Academic Network (GIAN) and coordinated by the World Intellectual Property Organization (WIPO) has developed a ...
France Sanctions Online Sales of Counterfeited Goods
Martha L. Arias, Immigration and Internet Law Attorney, Miami; IBLS Director
No surprisingly, a France court just ordered eBay to pay over $61 million to a prestigious fashion company because counterfeited goods were sold on ...
Trademark Infringement: Likelihood of Confusion in the Internet
Martha L. Arias, IBLS Director
The United States Patent and Trademark Office (USPTO) refuses registration of a trademark or service mark that is likely to conflict with a mark ...
Invalid Trademark Assignments in Gross: A Possible Defense for Infringement Claims under New Jersey's Case Law
Martha L. Arias, Immigration and Internet Law Attorney, Miami; IBLS Director
A 2004 New Jersey case held that an assignment in gross is invalid when there is no goodwill associated with the product or business. ...
European Concept of Services for Trademark Registration Purposes
Martha L. Arias, Immigration and Internet Law Attorney, Miami; IBLS Director
Registration of trademarks is under the EU Member States' jurisdiction but substantive conditions to acquire trademark rights is a matter of community law. ...
Public Hearing in Berkeley, California, to Focus on Intellectual Property
U.S. Federal Trade Commission, www.ftc.gov
The Federal Trade Commission today announced the fifth and final hearing in a series exploring the evolving market for intellectual property. This hearing will ...
Australia Copyright Update 2009
Freehills.com, Australia, Kristin Stammer, Sue Gilchrist, Irene Zeitler, Campbell Thompson, www.freehills.com
The High Court recently decided1 that IceTV, the provider of an electronic program guide (EPG), did not infringe Nine's copyright in its TV program ...
Sinking Copyright Piracy to Protect & Create Jobs
IBLS Contributor: U.S. Chamber of Commerce, Alex Burgos, www.uschamber.com
In Southern California this morning, the House Foreign Affairs Committee is holding a field hearing regarding global copyright piracy. Today's gathering is especially ...
Why Washington Must Face Global-Cyber-Name-Economy?
IBLS Contributor: Naseem Javed, nj@njabc.com
The serious objections by US Department of Commerce to ICANN's new policies on creating unlimited domain suffixes are primarily based on old domain name ...
Parody: a Safe Harbor under the Anti-Cybersquatting Protection Act
Martha L. Arias, Immigration and Internet Law Attorney, Miami; IBLS Director
The Antic-Cyber squatting Protection Act (ACPA), 15 U.S.C.S § 1125(d), prohibits bad-faith, for profit, and abusive registration of Internet domain names in violation of ...
Germany Reigns Supreme as 2006 Trademark Filings Break Record
IBLS Editorial Staff
The World Intellectual Property Organization (WIPO) reports it received under the Madrid system for the international registration of trademarks a record 36,471 international trademark ...
Intellectual Property Rights in Argentina
IBLS Editorial Department
Argentina protects copyrights, patents, and trademarks; they are called industrial property rights. This article presents the laws regulating copyrights and trademarks and the basic ...
Local Working of Patents in India
IBLS Contributor: Gladys MIRANDAH, patrick mirandah co., singapore@mirandah.com
There is a requirement to file a statement of information (Form 27) regarding the working of a patent in India. The working of a ...
Distinctiveness of a Trademark under Taiwan Trademark Law
IBLS Editorial Department
Taiwan is an Asian Island of 35,801 Km2 (13,822.8 sq. mi.) and 23 million inhabitants. As part of the Republic of China, Taiwan ...
Laos Trademark Law of 1995
Kelly O'Connell, IBLS Editor
Originally unified as the ancient Lao kingdom of Lan Xang, which was established in the 1300's under King Fa Ngum, this lush Asian state ...
11TH Circ. Court Bans Trademarked Search Engine Metatags
Kelly O'Connell, IBLS Editor
The 11th Circuit Court of Georgia ruled using another's trademarks in meta tags infringes the Lanham Trademark Act, in the case North American Medical ...
Dean of Peking Intellectual Property Rights Center Claims China Has Only 10% of Needed IP Experts – Can the West Help?
Kelly O'Connell, IBLS Editor
Professor Zheng Shengli, Dean of the Intellectual Property Rights School at Peking University, recently made a surprising admission about the state of Intellectual Property ...
Are Critical Blog Comments Actionable Under the Lanham Act for Trademark Dilution?
Martha L. Arias, IBLS Director
Blogging is one of the most popular Internet activities nowadays where significant information is shared with a vast audience. But, is it a ...
The Letter “I” or “i” may be Descriptive of Internet Products or Services for Purposes of Trademark Registration in the United States
Martha L. Arias, Immigration & Internet Law Attorney, Miami; IBLS Director
The Trademark Act of 1946, codified as 15 U.S.C. §1051 et. seq., regulates the registration of federal trademarks in the United States, and the ...
Trademark Registration in the U.S: the Word “E” or “e” May Be Descriptive of Internet Businesses
Martha L. Arias, Immigration & Internet Law Attorney, Miami; IBLS Director
A decision by the United States Trademark Trial and Appeal Board held that the word "E” or “e” may be descriptive of Internet businesses. ...
Sweden Taking Pirate Bay to Court While Music Biz Demands EU Crack Down
Kelly O'Connell, IBLS Editor
Like all major copyright scofflaws, the Pirate Bay had to know its date with Armageddon would likely happen at some time and now Sweden ...
Cyprus Trademark Law and Registration Process
IBLS Editorial Department
Some offshore centres are currently the hosting jurisdiction of e-commerce businesses. For this reason, in addition to competent telecommunication infrastructure, proper tax regimes, established ...
The American Brewer Cannot Register the Word “Budweiser” as a Community Trade Mark
Martha L. Arias, Immigration and Internet Law Attorney, Miami; IBLS Director
The European Community Trade Mark System offers the great possibility of registering a trade mark in one member state and receiving protection among the ...
In Rem Civil Actions against a Domain Name under the U.S. AntiCybersquatting Protection Act
Martha L. Arias, Immigration & Internet Law Attorney, Miami; IBLS Director
A trademark owner discovers that someone registered a domain name that uses its trademark. The trademark owner then looks for the contact information ...
Use of Trademarks in Google’s AdWords Program
Martha L. Arias, Immigration & Internet Law Attorney, Miami; IBLS Director
This is definitely not the first IBLS article written about the use of trademarks in Google's AdWords Program, and, certainly, will not be the ...
The European Union Law about the Use of Trademarks as Keywords on Internet Advertising
Martha L. Arias, Immigration and Internet Law Attorney, Miami; IBLS Director
Creativity on Internet advertising does not seem to have boundaries; advertisers, for instance, now use their competitors' trademarks and trade names as keywords in ...
Personal Jurisdiction and Interactive v. Passive Websites
Martha L. Arias, Immigration and Internet Law Attorney, Miami; IBLS Director
Personal jurisdiction has been found over defendants that hold interactive websites, whereas passive websites do not warrant a personal jurisdiction finding; this is a ...
 
From the Digital Library
Title/Abstract
SPORTS-RELATED DOMAIN NAME DISPUTES IN ASIA
IBLS Editorial Board - Staff Attorney
Sports personalities and promoters can turn to the Asian Domain Name Dispute Resolution Centre (ADNDRC) for dispute resolution services regarding domain names that are ...
DOMAIN NAME DISPUTES INVOLVING AUTOMOBILE MANUFACTURERS
IBLS Editorial Board - Staff Attorney
The World Intellectual Property Organization (WIPO) Arbitration Panels have upheld the rights of automobile manufacturers who request transfer of domain names that incorporate their ...
Romania's Trademark Law
IBLS Editorial Board - Staff Attorney
The Romanian Law on Trademarks and Geographical Indication No. 84/1998 and its implementing regulations protect certain distinctive signs in the form of individual marks, ...
Benelux Trademark Law
IBLS Editorial Board - Staff Attorney
The Trademark Law of Belgium, the Netherlands, and Luxemburg is governed collectively by the Uniform Benelux Law on Marks -"Trademark Law." Trademarks are registered ...
DOMAIN NAMES THAT INFRINGE UPON COMMERCIAL ENTERPRISES' TRADEMARKS
IBLS Editorial Board - Staff Attorney
The administrative panel at the WIPO Arbitration and Mediation Center has decided several cases involving trademarks of commercial enterprises and the use of those ...
TYPOSQUATTING AND TRADEMARK INFRINGEMENT DISPUTES
IBLS Editorial Board - Staff Attorney
The administrative panel at the WIPO Arbitration and Mediation Center has rendered several decisions in which they assessed the legality of “typosquatting.” The panel ...
Domain Names Incorporating Trademarked Fictional Characters Found Infringing
IBLS Editorial Board - Staff Attorney
The administrative panel at the WIPO Arbitration and Mediation Center has held on multiple occasions that domain names that use the names of trademarked ...
Domain Names that Use Translations of Known Trademarks are Confusingly Similar to such Trademarks
IBLS Editorial Board - Staff Attorney
The administrative panel at the WIPO Arbitration and Mediation Center has held on a number of occasions that domain name registrations that use translations ...
TRADEMARK INFRINGEMENTS OF MAGAZINE DOMAIN NAMES
IBLS Editorial Board - Staff Attorney
The administrative panel at the WIPO Arbitration and Mediation Center has considered several cases on trademark infringements claims regarding famous magazines and their domain ...
GERMANY NEW MARKS ACT
IBLS Editorial Board - Staff Attorney
Germany’s New Marks Act (the “Act”) for the protection of marks and other signs came into force on January 1, 1995. The Act follows ...
Vietnamese Trademark Law
IBLS Editorial Board - Staff Attorney
Under Vietnamese intellectual property law, trademarks, service marks, collective marks and three-dimensional marks may be registered for periods of ten years. Trademark rights ...
TO WHOM DO SEARCH ENGINE SEARCH WORDS BELONG?
IBLS Charter Partner - Staff Attorney
A US court held in 2005 that advertisers who use their competitors' trademarks in the Google search engine do not breach the law and ...
ANDORRAN DOMAIN REGISTRATION
IBLS Editorial Board - Staff Attorney
Andorra is one of the smallest countries in the world, and only recently came under self-rule. But given that the little state tucked away ...
SINGAPORE: INFRINGEMENT AND ENFORCEMENT OF REGISTERED TRADEMARKS
IBLS Editorial Board - Staff Attorney
Singapore is a small but potent former British trading colony, established as part of the Crown in 1819. After declaring independence in 1965, it ...
TRADEMARKS IN CAMBODIA
IBLS Editorial Board - Staff Attorney
The Cambodian act known as the Law Concerning Marks, Trade Names and Acts of Unfair Competition (Trademark Law) was put into effect in 2002, ...
ICELAND: TRADEMARKS ACT
IBLS Editorial Board - Staff Attorney
Iceland Trade Marks Act No. 45/1997 and the Trade Mark Regulation No. 310/1997 cover trade mark law in Iceland. Trademark protection under the ...
GERMANY REIGNS SUPREME AS 2006 TRADEMARK FILINGS BREAK RECORD
IBLS Editorial Board - Staff Attorney
The World Intellectual Property Organization (WIPO) reports it received under the Madrid system for the international registration of trademarks a record 36,471 international trademark ...
GENERAL OVERVIEW TO THE MADRID PROTOCOL
IBLS Editorial Board - Staff Attorney
The Madrid Protocol is a world organization for the formal recognition of copyright marks. The attendant agreement is officially titled the “Madrid System for ...
“HEY, THAT’S MY NAME!!” HOW TO FIGHT FOR YOUR INTELLECTUAL PROPERTY RIGHTS AGAINST CYBERSQUATTERS
IBLS Editorial Board - Staff Attorney
Recognizing the Internet is an irreplaceable cornerstone of any country’s modern economy, legislators are increasingly passing laws to reinforce the rights of owners of ...
Expert: Search Law Is Not Uniform; Search Engines Are Not Neutral
IBLS Editorial Board - Staff Attorney
The emergence of a neutral search engine or a unified search engine law is highly unlikely, according to Stefan Bechtold of Germany’s Max Planck ...
US Laws Applicable to Internet Intellectual Property Infringements
IBLS Editorial Board - Staff Attorney
Wrongful practices on the Internet are affecting genuine copyrights and trademark owners, sellers, and bonafide consumers. In order to curb such intellectual property ever-increasing ...
Keyword Disputes
IBLS Editorial Board - Staff Attorney
The infringement of trademarks through the use of keywords is quite common in the area of online advertising. It is possible that your competitors ...
“Use in Commerce:” Possible Defense for Search Engine Companies
IBLS Editorial Board - Staff Attorney
A trademark infringement case in the United States (U.S.) for registered trademarks (15 U.S.C.S. § 1114) or unregistered trademarks (U.S.C.S. § 1125(a)(1)) requires a ...
Louis Vuitton Pushes Google Almost To The Limit
IBLS Editorial Board - Staff Attorney
A French court has ruled for the second time against Google and in favor of Louis Vuitton. Three years ago, the French handbag maker ...
Cybersquatters Facing Anti-cybersquatting Consumer Protection Act
IBLS Editorial Board - Staff Attorney
Online extortion in any form is unacceptable. Cyber extortionists may be people who register well-known company names as domain names, who misdirect Internet ...
Procedure To Register A Trademark In Colombia
IBLS Editorial Board - Staff Attorney
In the cyberspace world, trademarks are closely related to domain names. Most companies seek to register their trademarks as domain names so their ...
International Protection Of Well-known Trademark In The World And Argentina
IBLS Charter Partner - Staff Attorney
Globalization, and Internet in particular, makes it more than ever before, those trademarks that are renowned and established in a region or in a ...
Argentina: Domain Name And Trademark Disputes. Trademarks Owners Privileged, Even Absent Finding Of Bad Faith In The Domain Name Registrant. Should Not Be Advisable To Adopt The Udrp Policy?
IBLS Charter Partner - Staff Attorney
Even when the dot.com bubble may have shattered, no doubt that the Internet is a powerful tool for companies seeking to communicate products and ...
Domain Names, Company Names, and Trademarks under Mexican law
IBLS Charter Partner - Staff Attorney
The Mexican Institute of Industrial Property (Instituto Mexicano de Propiedad Intelectual, or IMPI) is the Mexican Government body in charge of Industrial Property matters. ...
Trademarks And Cyberpiracy Prevention: The Bad Faith Requirement
IBLS Editorial Board - Staff Attorney
Before the enactment of the United States ("US") Anticybersquatting Consumer Protection Act of 1999 ("ACPA"), the US Federal Trademark Dilution Act was the legal ...
Bhutan Industrial Property Regulations Act
IBLS Editorial Board - Staff Attorney
Patents, industrial designs and trademarks registered in the Kingdom of Bhutan are regulated under the Industrial Property Regulations Act 1997, which entered into force ...
Brazilian Trademarks
IBLS Editorial Board - Staff Attorney
The Brazilian Industrial Property Office processes and grants applications for the protection of industrial property; including trademark applications. The rights of trademark holders can ...
Mexican Industrial Designs
IBLS Editorial Board - Staff Attorney
The Mexican Institute of Industrial Property has existed to protect industrial property such as patents and trademarks. The increasing rise of patent applications ...
The Licensing And Franchising Of Marks (mexico)
IBLS Editorial Board - Staff Attorney
The Mexican Institute of Industrial Property has existed to protect industrial property such as patents and trademarks. The increasing rise of trademark applications ...
Transfer of Trademarks under Mexican Law
IBLS Editorial Board - Staff Attorney
Mexico has a solid trademark protection regime and is signatory to major intellectual property agreements. Mexican Industrial Property Law (Ley de la Propiedad ...
Mexican Institute Of Industrial Property
IBLS Editorial Board - Staff Attorney
The Mexican Institute of Industrial Property has existed to protect industrial property such as patents and trademarks. The Mexican Institute of Industrial Property ...
Cords Electronic Copyright System
IBLS Editorial Board - Staff Attorney
Electronic filing systems have already been in place for trademarks and patents. The electronic filing system has become available for the electronic filing ...
Affecting Intellectual Property Integrity
IBLS Editorial Board - Staff Attorney
Crimes affecting the integrity of intellectual property can be actionable under criminal law. These types of crimes can occur for the improper use ...
The Madrid Protocol Agreement
IBLS Editorial Board - Staff Attorney
Because of the global nature of the Internet, there is a need to protect intellectual property on a global basis. The Madrid ...
Trademarks Registration in Sweden
IBLS Editorial Board - Staff Attorney
In Sweden, as in any other country, trademarks are used to promote and identify manufacturers' or traders' goods and services, and to enable the ...
Trade Marks Registration in Brazil
IBLS Editorial Board - Staff Attorney
Brazil is a member of the World Intellectual Property Organization (WIPO) and signatory to WIPO's major conventions such as the Paris agreement and TRIPs ...
Hong Kong Trade Marks Ordinance (CAP.559)
IBLS Editorial Board - Staff Attorney
The Trade Marks Ordinance (Cap. 559) is Hong Kong's current trademark framework. The Legislative Council passed this ordinance in May 2000 and it ...
Unfair Competition Practices In Japan
IBLS Editorial Board - Staff Attorney
The laws regarding unfair competition have the purpose of leveling the field among competitors. However, when counterfeit or pirated goods are in the ...
Trademark Law and Registration of Trademarks in Hong Kong
IBLS Editorial Board - Staff Attorney
Hong Kong has undergone reforms of its intellectual property laws to harmonize them with other trademark laws in various countries and the European Union. ...
Accelerated Examination Process for Patents and Trademarks under Japanes Law
IBLS Editorial Board - Staff Attorney
The need to secure intellectual property rights has become crucial to protect the invention as a tangible asset and a source of financial benefits. ...
The Collision Of Trademarks And Domain Names In Switzerland
IBLS Editorial Board - Staff Attorney
As businesses utilize the Internet as a marketing tool, disputes about Internet domain names in Switzerland are becoming more frequent. In particular, disputes have ...
Domain Names In Germany
IBLS Editorial Board - Staff Attorney
The Patent-und Markenamt is the German office in charge of trademark registration. The current trademark law in Germany entered into force on April 1999. ...
Merchant Model Business Method And Its Implications On Electronic Commerce
IBLS Editorial Board - Staff Attorney
Electronic commerce business models are being used more extensively in the forum of the Internet. Merchant models have proven to be more crucial ...
Trademark Renewal, Abandonment, and Restoration in the United Kingdom
IBLS Editorial Board - Staff Attorney
Once trademarks are issued in the United Kingdom, these rights can be renewed, voluntarily surrender it at any time, or abandoned. The United ...
Assignment and License of Trademarks under the United Kingdom Law
IBLS Editorial Board - Staff Attorney
Under the United Kingdom trademark law, trademarks rights can be assigned or licensed to third parties. The United Kingdom (UK) Trade Mark Registry is ...
TRADEMARKS UNDER UNITED KINGDOM LAW
IBLS Editorial Board - Staff Attorney
The United Kingdom (UK) possesses strong intellectual property legislation supported by extensive case law. The UK Trademark Act 1994 is the legal framework ...
The Community Trademarks System In The European Union
IBLS Editorial Board - Staff Attorney
The European Union has a Community Trademark system in place in which trademark protection is provided on a uniform basis for fifteen (15) countries. ...
Metatags: Trademarks Law Issues
IBLS Editorial Board - Staff Attorney
One of the areas of potential trademark infringement that is peculiar to the Internet is the use of marks within the body of the ...
The Paris Convention Agreement
IBLS Editorial Board - Staff Attorney
Because of the global nature of the Internet, there is a need to protect intellectual property on a global basis. The Paris ...
Online Sale Of Identical Trademarked Goods Will Not Cause Trademark Liability On The Basis Of Dilution
IBLS Editorial Board - Staff Attorney
Trademarks and their potential for dilution have appeared as issues that must be addressed in the arena of the Internet. A federal appeals ...
The Online Use of Trademarks and Trademark Dilution Cases
IBLS Editorial Board - Staff Attorney
The unauthorized use of trademarks on the Internet has increased trademark dilution actions. The US Federal Trademark Dilution Act, 15 U.S.C., is equally applicable ...
Trademarks and their Asset Value
IBLS Editorial Board - Staff Attorney
The asset value of trademarks may provide a source of capital for any business, including e-commerce businesses. For instance, even though Napster was a ...
Trademark Infringement And Website Abuse
IBLS Editorial Board - Staff Attorney
Websites have been facing pressure from other competitors using their trademarks online. Websites that are not providing correct information may face liability for ...
Noncommercial Parody Sites Face Chilled Speech
IBLS Editorial Board - Staff Attorney
The First Amendment will not protect cybersquatters if they operate a website under a domain name that infringes on a plaintiff’s trademark. There ...
Uslaw Ibls Corporate Governance
IBLS Editorial Board - Staff Attorney
Corporate Governance covers a wide range of activities from start-up through going public to winding down. Corporations are regulated by all levels of ...
Trademarks’ Parody Under French Internet Law
IBLS Editorial Board - Staff Attorney
A parody is a work that takes some of the original work and comments on the original work, usually in a satirical manner. ...
Legal Issues Related To Search Engine Positioning Under French Law
IBLS Editorial Board - Staff Attorney
Positioning a website on top of the search engines and directories’ lists is imperative since a good positioning increases the traffic and thus the ...
The Community Trademarks System Registration Process
IBLS Editorial Board - Staff Attorney
Trademarks should be considered for protection in foreign jurisdictions where business is promoted and performed. Usually, the filing of trademark applications is country ...
The Community Trademarks System In The European Union
IBLS Editorial Board - Staff Attorney
The fact that companies conducting business online must be concerned with the existence of trademark laws in many countries. The "community trademark" system ...
Intellectual Property Protection For Databases
IBLS Editorial Board - Staff Attorney
Databases that are being used do provide meaningful organization of information, but these systems are not protected by intellectual property laws. Intellectual property ...
Constitutional Speech Protection Does Not Outweigh Intellectual Property Concerns
IBLS Editorial Board - Staff Attorney
In the United States, free speech arguments in trademark- related domain name disputes will not outweigh intellectual property rights in cyberspace. Violators of the ...
Internet Search Engine Sites That Charge For Placement In Their Searches May Violate Trademark Law
IBLS Editorial Board - Staff Attorney
The court in Mark Nutritionals Inc. v. AltaVista Co. et al., will determine whether Internet search engines that charge for the placement in their ...
Domain Names And Dilusion Of Trademarks
IBLS Editorial Board - Staff Attorney
The case of E. & J. Gallo Winery v. Spider Webs Ltd, considered the issue of dilution of a trademark through the use of ...
Parody Will Not Be A Sufficient Defense To An Anticybersquatting Consumer Protection Act If There Is Confusion Present
IBLS Editorial Board - Staff Attorney
The First Amendment will not protect cybersquatters if they operate a website under a domain name that infringes on a plaintiff’s trademark. There ...
The Potential For A Trademark To Become Generic
IBLS Editorial Board - Staff Attorney
Trademarks and their potential for dilution have appeared as issues that must be addressed in the arena of the Internet. Microsoft who ...
Tacking And Intent To Use Trademark As Ways To Prove Seniority Of Trademark Use
IBLS Editorial Board - Staff Attorney
This case demonstrates the use of the “tacking doctrine” to prove who was the senior user of the disputed mark. The standard for ...
Cybersquatters Facing Anti-cybersquatting Consumer Protection Act
IBLS Editorial Board - Staff Attorney
Online extortion in any form is unacceptable. Cyber extortionists may be people who register well-known company names as domain names, who misdirect Internet ...
The Twist Of Cybersquatters And Trademark Dilution Act
IBLS Editorial Board - Staff Attorney
Trademarks and their potential for dilution have appeared as issues that must be addressed in the arena of the Internet. The actions of ...
Trademark Dilution And Cyberpirates
IBLS Editorial Board - Staff Attorney
Trademarks and their potential for dilution have appeared as issues that must be addressed in the arena of the Internet. The Lanham Act ...
Ruling Increases Protection For Trademarks In Metatags
IBLS Editorial Board - Staff Attorney
The U.S. District in the Northern District of California expanded the protection of trademarks on the Internet. The court enjoined the website, www.taxes.com, ...
Council For Trade-related Aspects Of Intellectual Property Rights, World Trade Organization Work Programme On Electronic Commerce
IBLS Editorial Board - Staff Attorney
The Declaration on Global Electronic Commerce urged the General Council of the World Trade Organization to establish a comprehensive work programme. The Council ...
Metatags: Invisible Trademarks
IBLS Editorial Board - Staff Attorney
Let’s say you want to buy a Chevrolet. Looking for information, you go to your favorite search engine and type in "Chevrolet." If websites ...
Trademarks (protecting Your Exclusive Identity Under 15 U.s.c. 1127)
IBLS Editorial Board - Staff Attorney
A registration of a trademark may protect the exclusivity, identity and value of your intellectual property from the usage by others. ...