How to Prevent Your Organisation’s IP from Being Stolen by Brian Miller Solic...Brian Miller, Solicitor
A whistle stop tour on copyright, trade marks, design rights, patents, website compliance, data security and putting your data in the cloud, presented by IP lawyer Brian Miller, Solicitor.
This is a brief intro to Trade Secret law.
This presentation includes:
• A definition of Trade Secrets.
• Description of “Negative” Trade Secrets.
• How long do Trade Secrets last?
• Legal protection for Trade Secrets.
• How do you file a Trade Secret? (Spoiler: you don’t.)
• How to protect Trade Secrets.
• What happens when a Trade Secret is breached?
• Trade secret licensing.
An overview of how to choose a trademark for entrepreneurs, business people, and creative professionals. "How Do I Choose a Strong Trademark?" includes the following:
When should I ask this question?
The Trademark Spectrum: Generic, Descriptive, Suggestive, Fanciful, and Arbitrary marks.
What is "Secondary Meaning?"
Avoiding trademark conflicts.
A few things to avoid when choosing a trademark.
For more information, please go to LizerbramLaw.com
2011 short presentation about trade secrets in univerisities, incl failed federal TS amendment to Economic Espionage Act, and how TS and America Invents act interact.
How to Prevent Your Organisation’s IP from Being Stolen by Brian Miller Solic...Brian Miller, Solicitor
A whistle stop tour on copyright, trade marks, design rights, patents, website compliance, data security and putting your data in the cloud, presented by IP lawyer Brian Miller, Solicitor.
This is a brief intro to Trade Secret law.
This presentation includes:
• A definition of Trade Secrets.
• Description of “Negative” Trade Secrets.
• How long do Trade Secrets last?
• Legal protection for Trade Secrets.
• How do you file a Trade Secret? (Spoiler: you don’t.)
• How to protect Trade Secrets.
• What happens when a Trade Secret is breached?
• Trade secret licensing.
An overview of how to choose a trademark for entrepreneurs, business people, and creative professionals. "How Do I Choose a Strong Trademark?" includes the following:
When should I ask this question?
The Trademark Spectrum: Generic, Descriptive, Suggestive, Fanciful, and Arbitrary marks.
What is "Secondary Meaning?"
Avoiding trademark conflicts.
A few things to avoid when choosing a trademark.
For more information, please go to LizerbramLaw.com
2011 short presentation about trade secrets in univerisities, incl failed federal TS amendment to Economic Espionage Act, and how TS and America Invents act interact.
Effective legal representation of innovators and inventors requires careful thought and consideration. Among other things, care must be taken to properly initiate communications, prepare assignments, and handle subsequent legal disputes. This webinar discusses common legal issues that often arise during the representation of innovators and inventors. It also includes valuable advice from both innovators/inventors and the IP attorneys who represent them.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/legal-issues-for-innovators-inventors-2020/
IP Considerations for New Businesses and Start Ups123contenthub
Harriet Seymour, Partner at leading law firm Field Fisher gave a very comprehensive round-up of the issues intellectual property rights can raise for start-ups and small businesses as well as plenty of practical advice too on the London leg of the 123-reg #uktour.
Intellectual property for small businessesPat Werschulz
Every business, especially well established businesses, have some intellectual property assets that often go unnoticed and undervalued. Most businesses have a name, or a brand, also known as a trademark, as well as trade secrets such as price lists, customer lists, supplier lists, recipes, etc. Often business owners do nothing to protect these assets much to their chagrin when the asset is lost or stolen. Some businesses have innovators and creators, producing products and processes protectable by patents and copyrights, generating valuable intangible assets to the company, but sometimes fail to obtain legal protection. Conversely, ignorance of others intellectual property rights often ends up with receiving a cease and desist letter or worse.
The course will review intellectual property assets such as trade secrets, trademarks, patents and copyrights and how they can be protected at a state and federal level. Included simple steps that every business owner can take as well as an overview of the process for formally registering copyrights and trademarks as well. On the other side, different ways a business may unknowingly infringe intellectual property rights of other including the rights of privacy and publicity will be explained in order to avoid that dreaded cease and desist letter or litigation.
A trade secret is a formula, practice, process, design, legal instrument, pattern or compilation of information which is not generally known or reasonable ascertainable, by which a business can obtain an economic advantage over competitors or customers. In some jurisdictions, such secrets are referred to as "confidential information" or "classified information".
Startups- know 4 types of ip protection for businesseseTailing India
Copyrights protect original works of authorship, such as literature, music, artistic works, and computer software. As the holder of a copyright, you have the exclusive right to reproduce, adapt, and distribute the work. A copyright exists from the moment the work is created, so registration is voluntary.
However, registered works may be eligible for statutory damages and attorney’s fees in a copyright infringement suit, so it is recommended that you register at your local Copyright Office. You can register your copyright online by completing an application, and sending in a non-returnable copy of your work.
Identifying Intellectual Property Issues in Startups 2014Adler Law Group
Do you work with start-up companies and need a basic understanding of the various intellectual property issues that can arise? This Presentaion will help you:
*Understand the trademark and copyright problems one may encounter with branding;
*Learn how to protect branding once established;
*Understand trade secrets and the importance of non-disclosure and confidentiality agreements;
*Establish a proactive approach toward intellectual property ownership between co-founders, employees, and vendors;
*Understand business names, domain names, promotional issues, and website content concerns.
What’s in a Name? Everything! Trademark and Copyright EssentialsJason Springer
Your company name, your slogan and the goodwill of your customers are critical to elevating your bottom line. This free seminar will show you how to protect, leverage and capitalize on these valuable assets, and provide useful tips on protecting and enforcing your rights as a business owner.
Copyright – a powerful and effective weapon to repress trademark and industri...KENFOX IP & Law Office
IPR infringements are becoming increasingly sophisticated, pervasive, and continuing to grow at an alarming rate in Vietnam, much like mushrooms growing after rain. Waiting for years for a trademark/ID to be granted protection in Vietnam is not an effective therapy. It will definitely expose you/your business to irreparable risks and damage. Meanwhile, in Vietnam, initiating anti-unfair competition proceedings requires a very heavy burden of proof. Therefore, at this current stage, a time-efficient and fast IPR protection strategy, in our opinion, should be: prioritizing all necessary resources for copyright registration in addition to the registration of trademark/ID (if applicable) as soon as possible, especially when the ECCR has carried out the assessment of copyright and related rights infringement upon the requirements of IPR holders and Vietnamese authorities
Accuprosys offers Intellectual Property Law Services, Intellectual Property Rights,
Trademark Registration, Design Registration and Copyright Registration Services to Indian clients and as well as abroad clients. IP related services are at most demand because of the dire necessity to protect ones IP from infringements. If ones brand is not protected all the efforts, pains that have been put across to build the business over years will go in vain – If protected
effectively the brand might be worth of billions of dollars in the near future.
A trademark or trade mark is a distinctive sign or indicator of some kind which is used by an individual, business organization or other legal entity to uniquely identify the source of its products and/or services to consumers, and to distinguish its products or services from those of other entities....
Protect your good name before you lose it! For many companies, trademark monitoring is the task of examining the market for illegitimate, unauthorized, and otherwise negative references to a company’s trademarks. It is very important to take action against any potentially infringing uses of your trademarks. Trademark monitoring is very easy using infobroker.de information services. It will take 5-10 minutes to launch your monitoring and to protect your trademark with a further step.
Overview trademark watching services
http://www.infobroker.de/services/trademark-watch-service/
Effective legal representation of innovators and inventors requires careful thought and consideration. Among other things, care must be taken to properly initiate communications, prepare assignments, and handle subsequent legal disputes. This webinar discusses common legal issues that often arise during the representation of innovators and inventors. It also includes valuable advice from both innovators/inventors and the IP attorneys who represent them.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/legal-issues-for-innovators-inventors-2020/
IP Considerations for New Businesses and Start Ups123contenthub
Harriet Seymour, Partner at leading law firm Field Fisher gave a very comprehensive round-up of the issues intellectual property rights can raise for start-ups and small businesses as well as plenty of practical advice too on the London leg of the 123-reg #uktour.
Intellectual property for small businessesPat Werschulz
Every business, especially well established businesses, have some intellectual property assets that often go unnoticed and undervalued. Most businesses have a name, or a brand, also known as a trademark, as well as trade secrets such as price lists, customer lists, supplier lists, recipes, etc. Often business owners do nothing to protect these assets much to their chagrin when the asset is lost or stolen. Some businesses have innovators and creators, producing products and processes protectable by patents and copyrights, generating valuable intangible assets to the company, but sometimes fail to obtain legal protection. Conversely, ignorance of others intellectual property rights often ends up with receiving a cease and desist letter or worse.
The course will review intellectual property assets such as trade secrets, trademarks, patents and copyrights and how they can be protected at a state and federal level. Included simple steps that every business owner can take as well as an overview of the process for formally registering copyrights and trademarks as well. On the other side, different ways a business may unknowingly infringe intellectual property rights of other including the rights of privacy and publicity will be explained in order to avoid that dreaded cease and desist letter or litigation.
A trade secret is a formula, practice, process, design, legal instrument, pattern or compilation of information which is not generally known or reasonable ascertainable, by which a business can obtain an economic advantage over competitors or customers. In some jurisdictions, such secrets are referred to as "confidential information" or "classified information".
Startups- know 4 types of ip protection for businesseseTailing India
Copyrights protect original works of authorship, such as literature, music, artistic works, and computer software. As the holder of a copyright, you have the exclusive right to reproduce, adapt, and distribute the work. A copyright exists from the moment the work is created, so registration is voluntary.
However, registered works may be eligible for statutory damages and attorney’s fees in a copyright infringement suit, so it is recommended that you register at your local Copyright Office. You can register your copyright online by completing an application, and sending in a non-returnable copy of your work.
Identifying Intellectual Property Issues in Startups 2014Adler Law Group
Do you work with start-up companies and need a basic understanding of the various intellectual property issues that can arise? This Presentaion will help you:
*Understand the trademark and copyright problems one may encounter with branding;
*Learn how to protect branding once established;
*Understand trade secrets and the importance of non-disclosure and confidentiality agreements;
*Establish a proactive approach toward intellectual property ownership between co-founders, employees, and vendors;
*Understand business names, domain names, promotional issues, and website content concerns.
What’s in a Name? Everything! Trademark and Copyright EssentialsJason Springer
Your company name, your slogan and the goodwill of your customers are critical to elevating your bottom line. This free seminar will show you how to protect, leverage and capitalize on these valuable assets, and provide useful tips on protecting and enforcing your rights as a business owner.
Copyright – a powerful and effective weapon to repress trademark and industri...KENFOX IP & Law Office
IPR infringements are becoming increasingly sophisticated, pervasive, and continuing to grow at an alarming rate in Vietnam, much like mushrooms growing after rain. Waiting for years for a trademark/ID to be granted protection in Vietnam is not an effective therapy. It will definitely expose you/your business to irreparable risks and damage. Meanwhile, in Vietnam, initiating anti-unfair competition proceedings requires a very heavy burden of proof. Therefore, at this current stage, a time-efficient and fast IPR protection strategy, in our opinion, should be: prioritizing all necessary resources for copyright registration in addition to the registration of trademark/ID (if applicable) as soon as possible, especially when the ECCR has carried out the assessment of copyright and related rights infringement upon the requirements of IPR holders and Vietnamese authorities
Accuprosys offers Intellectual Property Law Services, Intellectual Property Rights,
Trademark Registration, Design Registration and Copyright Registration Services to Indian clients and as well as abroad clients. IP related services are at most demand because of the dire necessity to protect ones IP from infringements. If ones brand is not protected all the efforts, pains that have been put across to build the business over years will go in vain – If protected
effectively the brand might be worth of billions of dollars in the near future.
A trademark or trade mark is a distinctive sign or indicator of some kind which is used by an individual, business organization or other legal entity to uniquely identify the source of its products and/or services to consumers, and to distinguish its products or services from those of other entities....
Protect your good name before you lose it! For many companies, trademark monitoring is the task of examining the market for illegitimate, unauthorized, and otherwise negative references to a company’s trademarks. It is very important to take action against any potentially infringing uses of your trademarks. Trademark monitoring is very easy using infobroker.de information services. It will take 5-10 minutes to launch your monitoring and to protect your trademark with a further step.
Overview trademark watching services
http://www.infobroker.de/services/trademark-watch-service/
This is a presentation discussing the various ways courts have evaluated a trademark owner's efforts (or lack thereof) to police its mark, as well as efforts that should be taken to prevent a trademark from becoming generic.
In today’s world, where luxury brand owners are spending millions to effectively attract the affluent people towards their brands, these brands are facing a momentous threat from counterfeit goods manufacturers. The growth rate of counterfeiting has been epochal during the last two decades, posing challenges for the governments, genuine-item manufacturers and consumers as well. This paper identifies the scale with which counterfeiting is growing, the key reasons of its growth and the challenges that it poses for brand-customer relationships.
An overview of the basics of US trademark law for entrepreneurs, business people, and creative professionals. "What Is a Trademark?" includes the following:
A brief definition of trademarks.
Definitions of the other forms of intellectual property (copyright, patent, and trade secrets).
Types of trademarks.
What's trade dress?
How are trademark rights acquired?
Trademark registration, and what do those symbols ™ and ® mean, anyway?
How long do trademark rights last?
For more information, please go to LizerbramLaw.com
Drivers for product innovation; Process innovation; Concurrent engineering; Business process re-engineering - BPR; Reverse engineering; Value chain model & process innovation
designing of branding strategy requires considering the legal perspective in branding. In this topic, student will see how important legal factors are in designing branding strategies.
A business’s brand defines it in the market and allows consumers to identify products associated with the business. As such, in today’s competitive marketplace, businesses must carefully choose which brands to develop and how to protect those brands from competitors. This webinar discusses some of the challenges that businesses are likely to face when initially choosing a brand, and later protecting that brand.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/choosing-building-protecting-your-brand-2021/
IP And Licensing What You Need To Know About Trademarks, Patents And Licens...sdgarrison
A general overview of trademarks, patents and common issues in license agreements presented on March 25, 2011 for The Entrepeneurs Initiative in Tucson, Arizona
A business’s brand defines it in the market and allows consumers to identify products associated with the business. As such, in today’s competitive marketplace, businesses must carefully choose which brands to develop and how to protect those brands from competitors. This webinar discusses some of the challenges that businesses are likely to face when initially choosing a brand, and later protecting that brand.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/choosing-building-protecting-your-brand-2020/
In today’s challenging economic environment, businesses are looking for ways to improve their competitive advantage. One important way is through branding, which includes one or more trademarks. Some trademarks and brands are stronger than others. This presentation addresses how to develop, use, and protect a powerful brand while avoiding potential infringement litigation.
Trademarks, copyrights and patents are important elements of your business. Without protecting them, your ideas may be stolen, your products may be copied, and you may even lose your business. This booklet not only provides useful basic information about trademarks, copyrights and patents, but outlines answers to frequently asked questions about litigation should that ever be a consideration. This information can serve as a good foundation for further discussions with your intellectual property lawyer.
Bereskin Parr: Update on Trademark and Design Law: Silicon Halton Meetup 114Lisa Denis
From the presentation on May 14th, 2019 about the changes coming into effect on June 17th as Canada joins the Madrid Protocol and changes to design protection that come into effect in November 2018 with Mina Chana and Matthew Graph of Bereskin & Parr
The Roman Empire A Historical Colossus.pdfkaushalkr1407
The Roman Empire, a vast and enduring power, stands as one of history's most remarkable civilizations, leaving an indelible imprint on the world. It emerged from the Roman Republic, transitioning into an imperial powerhouse under the leadership of Augustus Caesar in 27 BCE. This transformation marked the beginning of an era defined by unprecedented territorial expansion, architectural marvels, and profound cultural influence.
The empire's roots lie in the city of Rome, founded, according to legend, by Romulus in 753 BCE. Over centuries, Rome evolved from a small settlement to a formidable republic, characterized by a complex political system with elected officials and checks on power. However, internal strife, class conflicts, and military ambitions paved the way for the end of the Republic. Julius Caesar’s dictatorship and subsequent assassination in 44 BCE created a power vacuum, leading to a civil war. Octavian, later Augustus, emerged victorious, heralding the Roman Empire’s birth.
Under Augustus, the empire experienced the Pax Romana, a 200-year period of relative peace and stability. Augustus reformed the military, established efficient administrative systems, and initiated grand construction projects. The empire's borders expanded, encompassing territories from Britain to Egypt and from Spain to the Euphrates. Roman legions, renowned for their discipline and engineering prowess, secured and maintained these vast territories, building roads, fortifications, and cities that facilitated control and integration.
The Roman Empire’s society was hierarchical, with a rigid class system. At the top were the patricians, wealthy elites who held significant political power. Below them were the plebeians, free citizens with limited political influence, and the vast numbers of slaves who formed the backbone of the economy. The family unit was central, governed by the paterfamilias, the male head who held absolute authority.
Culturally, the Romans were eclectic, absorbing and adapting elements from the civilizations they encountered, particularly the Greeks. Roman art, literature, and philosophy reflected this synthesis, creating a rich cultural tapestry. Latin, the Roman language, became the lingua franca of the Western world, influencing numerous modern languages.
Roman architecture and engineering achievements were monumental. They perfected the arch, vault, and dome, constructing enduring structures like the Colosseum, Pantheon, and aqueducts. These engineering marvels not only showcased Roman ingenuity but also served practical purposes, from public entertainment to water supply.
Synthetic Fiber Construction in lab .pptxPavel ( NSTU)
Synthetic fiber production is a fascinating and complex field that blends chemistry, engineering, and environmental science. By understanding these aspects, students can gain a comprehensive view of synthetic fiber production, its impact on society and the environment, and the potential for future innovations. Synthetic fibers play a crucial role in modern society, impacting various aspects of daily life, industry, and the environment. ynthetic fibers are integral to modern life, offering a range of benefits from cost-effectiveness and versatility to innovative applications and performance characteristics. While they pose environmental challenges, ongoing research and development aim to create more sustainable and eco-friendly alternatives. Understanding the importance of synthetic fibers helps in appreciating their role in the economy, industry, and daily life, while also emphasizing the need for sustainable practices and innovation.
Power-sharing Class 10 is a vital aspect of democratic governance. It refers to the distribution of power among different organs of government, levels of government, and social groups. This ensures that no single entity can control all aspects of governance, promoting stability and unity in a diverse society.
For more information, visit-www.vavaclasses.com
The Art Pastor's Guide to Sabbath | Steve ThomasonSteve Thomason
What is the purpose of the Sabbath Law in the Torah. It is interesting to compare how the context of the law shifts from Exodus to Deuteronomy. Who gets to rest, and why?
Embracing GenAI - A Strategic ImperativePeter Windle
Artificial Intelligence (AI) technologies such as Generative AI, Image Generators and Large Language Models have had a dramatic impact on teaching, learning and assessment over the past 18 months. The most immediate threat AI posed was to Academic Integrity with Higher Education Institutes (HEIs) focusing their efforts on combating the use of GenAI in assessment. Guidelines were developed for staff and students, policies put in place too. Innovative educators have forged paths in the use of Generative AI for teaching, learning and assessments leading to pockets of transformation springing up across HEIs, often with little or no top-down guidance, support or direction.
This Gasta posits a strategic approach to integrating AI into HEIs to prepare staff, students and the curriculum for an evolving world and workplace. We will highlight the advantages of working with these technologies beyond the realm of teaching, learning and assessment by considering prompt engineering skills, industry impact, curriculum changes, and the need for staff upskilling. In contrast, not engaging strategically with Generative AI poses risks, including falling behind peers, missed opportunities and failing to ensure our graduates remain employable. The rapid evolution of AI technologies necessitates a proactive and strategic approach if we are to remain relevant.
This is a presentation by Dada Robert in a Your Skill Boost masterclass organised by the Excellence Foundation for South Sudan (EFSS) on Saturday, the 25th and Sunday, the 26th of May 2024.
He discussed the concept of quality improvement, emphasizing its applicability to various aspects of life, including personal, project, and program improvements. He defined quality as doing the right thing at the right time in the right way to achieve the best possible results and discussed the concept of the "gap" between what we know and what we do, and how this gap represents the areas we need to improve. He explained the scientific approach to quality improvement, which involves systematic performance analysis, testing and learning, and implementing change ideas. He also highlighted the importance of client focus and a team approach to quality improvement.
Instructions for Submissions thorugh G- Classroom.pptxJheel Barad
This presentation provides a briefing on how to upload submissions and documents in Google Classroom. It was prepared as part of an orientation for new Sainik School in-service teacher trainees. As a training officer, my goal is to ensure that you are comfortable and proficient with this essential tool for managing assignments and fostering student engagement.
We all have good and bad thoughts from time to time and situation to situation. We are bombarded daily with spiraling thoughts(both negative and positive) creating all-consuming feel , making us difficult to manage with associated suffering. Good thoughts are like our Mob Signal (Positive thought) amidst noise(negative thought) in the atmosphere. Negative thoughts like noise outweigh positive thoughts. These thoughts often create unwanted confusion, trouble, stress and frustration in our mind as well as chaos in our physical world. Negative thoughts are also known as “distorted thinking”.
This presentation provides an introduction to quantitative trait loci (QTL) analysis and marker-assisted selection (MAS) in plant breeding. The presentation begins by explaining the type of quantitative traits. The process of QTL analysis, including the use of molecular genetic markers and statistical methods, is discussed. Practical examples demonstrating the power of MAS are provided, such as its use in improving crop traits in plant breeding programs. Overall, this presentation offers a comprehensive overview of these important genomics-based approaches that are transforming modern agriculture.
protecting brands and identity trademark trademark implication
1. Protecting Brands and Identity &
Trademark Protection and Infringement &
Business Issues and Implications
2. HKUST Business School
2
Protecting Brands and Identity
Moving on from Patent and Copyright, and
the protection of software and creative works,
we now will look at protecting brands and
images
Company brands and images are often worth
many times more than anything created in
product and process patents or in copyright
Protecting brand value (e.g. Watsons Water)
is very important to large successful firms
3. HKUST Business School
3
Trademark and Brand Importance
Often, patents and copyright may give a firm
TIME to build up a strong brand in the market,
with that brand value more important
eventually than other innovation the firm has
Disney BRAND is worth more than just copyrights
IBM & Xerox BRANDS worth more than patents
Other barriers to copying innovation may give
firms TIME to build up strong brands
Premium from brand often most valued asset
4. HKUST Business School
4
Challenges of Protecting Brands
One of the most intangible aspects of
innovation protection, and yet, very valuable
Patent protects an invention, which is clearly
valuable to society in some way
Copyright protects a work of art, which is valuable
Trademark protects a company’s image and
brand, which may be less clear in value to society
Trademark idea originated in desire to protect
craftsmen and avoid confusion to customers
5. HKUST Business School
5
Trademark Law
Protects brands, corporate names or slogans
“It’s the real thing: Coke”
Significant source of litigation in Cyberspace
Same name of firm in different states, who has
right to use the name in Cyberspace?
Domain name squaters? Legalized blackmail?
New cyberspace domains created – confusion?
Can not be generic or functional (Xerox)
Strongest defense for fabricated names
6. HKUST Business School
6
Protecting Brands and Identity
“Identity”, including Brand , is protected by
TRADEMARK
TRADEMARK LAW is VERY LOCATION SPECIFIC
No international agreement regarding trademarks.
Requirements to establish differ by country.
TRADEMARKS MUST BE REGISTERED
NO AUTOMATIC TRADEMARK registration
Detailed and specific registration process
Similar to the process of setting up new company
TRADEMARKS not absolute protection
Registration priority exist, but not absolute
Like Copyright or Patent, gives you the right to sue
7. HKUST Business School
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Trademarks: Jurisdiction & Industry
Company can NOT even use its own name in
another country if some other firm has that
Trademark.
Standard Brands
Merck
Standard Oil
Trademarks can be issued for same name but for
different products
Consider degree of overlap in names, products, and markets
Consider degree to which name is unique versus common
Park N Shop and Wellcome are relatively common as names
Xerox is very unique name, so well protected
8. HKUST Business School
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Trademark Issues
Usage versus intent and token usage
The details and application of US trademark law is not
global in the way this has been adopted in other countries
Distinctive, Arbitrary, Descriptive, Suggestive,
Generic
Nature of the words used determines strength of Trademark
Foreign words – translation issues, and mistakes
Functionality
Secondary meaning
Evidentiary issues
Disclaimers
9. HKUST Business School
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Trademark, Service Mark, etc
Trademark is BOTH a generic and broad term, and
A precise description of a mark which identifies goods
Service mark is used in connection with services
Is a service mark also a trademark?
Certification mark is signal about something
E.g., ISO 9000, CFA, Chartered Accountant, QC
Collective mark is used by members of an
association
E.g., part of the Dairy Farm group
E.g., Lasik Eye Care center (franchise operations)
10. HKUST Business School
10
Common Law Trademarks
Before 1988, there was no national USA trademark
formal “registration” process
Trademarks were only issued based on actual usage
Many other developed countries preceded USA in
requiring registration or followed soon thereafter
Hong Kong has relatively Strong protections for
Brand names associated with domain name usage
Formal registration of name required to get domain name
However, this only applies to names ending in *.hk
11. HKUST Business School
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Trademark Usage and Registration
Registration of Trademark in USA now can be
based on “intent to use” or “actual usage”
Departure from “common law” trademark origins
May not be available in other countries
Requirement of “good faith” in “intent to use”
UK and EC law also accepts good faith intention to use
Ghost application not permitted
Registration of NERIT to protect brand MERIT
Overly-wide usage applications challenged
12. HKUST Business School
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Local versus Global Registration
Trademark is not generally international in
nature, and is highly focused on STATE laws
within the USA unless commerce is interstate
Federal registration requires interstate commerce
State’s rights in US may trump federal registration
International trademarks limited in scope
Only available in EU countries, but growing there
EU registration and EU laws and courts
recognized
UK and European laws harmonized to EU laws
13. HKUST Business School
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Cyberspace Trademark Problems
Same name registered in different states; markets don’t
overlap
one firm goes online, and takes other firm’s customers
E-Commerce is global in reach –who has jurisdiction?
National registration of Trademarks in USA
Interstate commerce regulation clause of constitution
Might not overrule states rights for “local” brand issues
Domain names and Trademark issues
Cyber Squatting and Cyberspace Blackmail
Increasing importance of National Trademark
registration, and potentially international issues
14. HKUST Business School
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Loss of Trademark Rights
Non-usage and abandonment
Non-use may or may not suggest abandonment
UK considered non-use and non-objecting to
others usage for five years to be abandonment
US allows presumption of intent to abandon if not
used for three years, absent contrary evidence
Usage only required in one small market context
Trademark becomes generic
Trademark has become deceptive
15. HKUST Business School
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Trademark Priority – First in USE
Trademark registration is presumed to provide
evidence of priority of intent to use
However, ACTUAL USAGE prior to registration can be used
to contest registration and get trademark revoked
Priority of USAGE based on actual market sales
Requirement for IN TRADE and IN COMMERCE usage
Advertising alone not enough, must have some sales
Internal sales or trade channel sales alone not enough
Token sales – when is a sale to one customer enough?
Marketing and Advertising alone as Actual Usage
Grey area – may be allowed or disallowed
16. HKUST Business School
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Trademark Inventory Strategy
In Patou case (1974), Patou had registered
the trademark name SNOB for a perfume
Never made a serious effort to merchandise
Only sold through a few channels in small volume
Court found that purpose was to reserve
brand name in inventory for future use as part
of a “trademark maintenance program”
Sufficient to gain registration, but not enough
support claim of lasting ownership of name
17. HKUST Business School
17
Infringement of Trademark
Similarity of Marks
Physical design, sounds, color, style
Elements are interrelated and taken overall
Individual elements or total effect both sufficient to
show that infringement has occurred
Homonyms of words and other similarities
Similar sounds with different meanings
Styleomatic versus Dialomatic
Similarity of Goods or Services
Combined effect of marks and goods considered
18. HKUST Business School
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Infringement of Trademark
(continued)
Character and Similarity of Market
Based on consumer and context analysis
Supermarket goods close together and consumer
attention low, so easily confused if moderately similar
Purchaser of car less likely to be confused
Channels of trade important consideration
Wholesale product not same as retail product
Furniture made for trade not same as retail brand
Evidence of Likelihood of Confusion
Proof of ACTUAL confusion by customers
powerful
19. HKUST Business School
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Trademark Defenses
Fair and Collateral Usage
Fair comment (e.g., use in advertisements)
Requires usage for purpose normally not used for
trademark owner (e.g., as component allowed)
Can not create confusion as to maker of product
Fair Use allows comparison of products
May be used to inform consumers about
equivalent or substitute product
Parody or Satire (similar to copyright usage)
20. HKUST Business School
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Grey-Market Goods
Valid trademarks, but NOT intentionally
permitted to be sold in this market
Coca-cola made in Indonesia sold in Hong Kong
Trademark law does not give rights to
exclude the sale of grey-market goods
However, if the usage of the mark would be
confusing to consumers as it does not represent
the same product as is sold locally, rights exist
Contract laws MIGHT apply, but not
trademark
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Remedies under Trademark Law
Injunction
Accounting for profits
Damages, including potential treble damages
Attorney’s fees (in exceptional cases)
Court costs
All of above are cumulative, so can get BOTH
profits AND damages from lost sales & other harm
Claim all possible remedies; let judge limit claims
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International Trademark Issues
The only international Trademark laws that
exist are EU laws related to EU trademarks
Similar in some ways to US federal trademarks
Requirements for trademark registration are
not the same from country to country
Protections under trademark differ as well
Overlap with copyright laws, which are
internationally recognized (to protect brand)
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Passing Off – UK and EU Laws
UK has no law of “unfair competition” as does
the USA, but law of passing off is similar to
USA law of unfair competition in some ways
Designed to protect goodwill and reputation, as
well as to prevent misrepresentation
“no person is entitled to represent his goods as
another’s” forms basis of common law rights
Name or brand misused and causes some
harm to reputation or goodwill.
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Confusion versus Deception
The existence of likelihood of confusion is not
sufficient to show passing off
Must also show intention of deceive
Similar names not sufficient, but presumptive
Confusion allowed in evidence of damages
Special aspects of products and customers
may be considered in misrepresentation and
in determination of expected damages
Intent to deceive presumed to be successful
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Dilution of Goodwill / Reputation
Tort lawsuits based on dilution of goodwill or
of reputation based on usage of brands
overlap trademark restrictions and remedies
Lawsuits allowed for more than one offense
Sue for every claim you can make, one might work
when others do not apply for some reason
Can be used when trademark does not apply
Manufacturers of champagne sued to restrain
introduction of English elderflower champagne
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Character Merchandising
Fictional Characters have been protected in various
legal jurisdictions (countries) as:
Trademarks (but, limited to specific laws of countries)
Copyrights (extending an important area of global rights)
Passing Off and Harm to Goodwill (UK law)
Interference with business relations (US law)
Defamation (to prevent libel harm to person)
Appropriation of personality (not allowed in UK law)
Rights of fictional characters slow to be recognized
under international law
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Trademark Law Policies and Intent
Part of law preventing “unfair” competition
Protection of consumer against “fraud”
Stop competitor attempts to confuse customers
In common law, trademark could not exist
without actual usage, as had no meaning
otherwise since there was nothing to protect
Adoption without product usage meaningless
No reason to protect consumers from confusion
Only enforced in areas with commercial activity
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Trademark and Passing Off Laws
The protections provided by Trademark Laws
and Laws related to “Passing Off” or unfair
competition harming consumers are powerful
Similar protections to copyright in some ways
“Fair Use” exceptions less broad under Trademark
Damages easier to show, and harm to customer
as well as harm to companies powerful in getting
courts to take actions to limit competitive harms
Less controversial in policy than copyright
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Trademarks LAST FOREVER
There is no limitation on the life of a brand
Copyright can expire eventually
Patents expire relatively quickly
Trademark lasts as long as the mark is in use
Investments in Brand can be longer lasting
than investments in buildings or technology
Marketing investments often viewed as expenses,
but can have lasting value for firms over decades
“Brand equity” provides majority of stock value
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Purpose, Duration, and other issues
Why do we need Trademark Law anyway?
Purpose?
Benefits?
Costs?
How long does or should a Trademark last?
Why is Trademark duration different from Copyright?
Requirement of Registration and Continuous Use
Why can’t we protect a Brand that is no longer used?
How can we protect a product Brand that is coming out
within a few years, but which is not yet in the market?
What is a Token use, and why is this not permitted?
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Leverage Copyrights and Patents
Copyrights and Patents give a limited term
monopoly on some products or processes
Provides TIME to build BRAND recognition
Provides TIME to develop initial positive cash
flows
Provides RESOURCES to invest in
BRAND/IMAGE
Long term, successful businesses must
develop strong loyalty and identity of brand
and company to sustain superior profits
Continuous innovation alone is not enough