An Analysis of Naked Licensing in the Case of Trademark Law in the U.S., U.K. And India

2022 ◽  
Author(s):  
Sayed Qudrat Hashimy
Keyword(s):  
Trademark Law ◽  
The U.S

scholarly journals Evolution of case law regarding the interpretation of the secondary liability standard in U.S. trademark law

2020 ◽  
Vol 58 (3) ◽  
pp. 141-155
Author(s):  
Jelena Ćeranić-Perišić
Keyword(s):  
Service Providers ◽  
Case Law ◽  
Online Service ◽  
Trademark Law ◽  
Trademark Infringement ◽  
Scope Of Application ◽  
The Right ◽  
Secondary Liability ◽  
Online Service Providers ◽  
The U.S

Secondary liability, according to the general rules on liability, is based on the issue of conscientiousness, in other words whether the intermediary knew or should have known that the right was infringed through his service. In U.S. law, the secondary liability standard is a result of case law. This paper presents the evolution of case law regarding the interpretation of secondary liability standard in U.S. trademark law. This standard was announced by the U.S. Supreme Court in Inwood Laboratories Inc. v. Ives Laboratories Inc. regarding the liability of manufacturers and distributors. In the decades that followed, the U.S. Courts, with their creative interpretations, extended the scope of application of this standard, first to intermediary market operators, and later to online service providers (internet intermediaries). Also, the development of digital technology has influenced the case law to adapt the secondary liability standard for trademark infringement to the new circumstances in the digital environment. The most significant cases in this context are Hard Rock Café Licensing v. Concession Services, Inc., Tiffany Inc. v. eBay Inc. and Rosetta Stone Ltd. v. Google Inc. Finally, 1-800 Contacts, Inc. v. Lens.com, Inc. demonstrates a slight turn of the U.S. Courts' practices towards a more flexible interpretation of secondary liability standard to online service providers.

scholarly journals Dynamics of Trademark Dilution: Issues and Challenges in India and USA

2021 ◽  
pp. 16-34
Author(s):  
Anuttama Ghose ◽  
S. M. Aamir Ali
Keyword(s):  
Recent Decade ◽  
Legal Framework ◽  
Brand Name ◽  
Trademark Law ◽  
The Usa ◽  
Trademark Dilution ◽  
Domestic Jurisdiction ◽  
Dilution Theory ◽  
The U.S

Trademarks of an establishment cannot solely be associated with identification of origin or source. It performs an imperative task of building brand name and value. The dilution theory rejects the opinion that the role of a trademark is solely based on the recognition of the root or source of its origin and that it is not only a figurative representation but carries a creative aspect as well. For the most recent decade, the greatest inquiry in trademark law has been the manner by which to demonstrate weakening or dilution. Dilution has turned out to be a dauntingly slippery idea. The principal issue with dilution law is that it gives a cure without a supportable hypothesis of the harm or damage. Even though lately the concept has been recognized in International as well as domestic jurisdiction putting an immense responsibility on domestic jurisdiction to protect trademarks against dilution, very little has been discussed or clarified regarding the theory of dilution. Ambiguity of such nature facilitated this research trying to spot some light on the theory of dilution comparing it from divergent angles in different jurisdictions. The paper also highlights the interpretation mechanism of the courts of the dilution provision and explains the concept further with reference to important cases under the U.S. laws and European judgments in the context of the Dilution laws and draws a comparative analysis of the effectiveness of the legal framework present in India with that of the USA.

The Future of Music Trademarks under Dastar

2020 ◽  
Author(s):  
Joseph P. Fishman
Keyword(s):  
Twentieth Century ◽  
Legal Reasoning ◽  
Trademark Law ◽  
Recorded Music ◽  
Descriptive Account ◽  
The Future ◽  
Lower Courts ◽  
Good For ◽  
Music Recordings ◽  
The U.S

Trademarks on recordings are routinely used to ensure the accuracy of identifying information that music consumers may care about. Yet under the U.S. Supreme Court’s 2003 decision in Dastar Corp. v. Twentieth Century Fox Film Corp., the federal trademark statute is not concerned with the source of intangible content such as music (or pictures, literature, etc.). The relevant statutory provision’s reference to “origin of … goods,” the Court held, extends only to physical products. Lower courts have tended to read this case expansively. The upshot of these readings is that physical objects, not intangible ones like expressive works, are the only goods whose source matters in trademark law. Though courts almost certainly do not intend this result, their reasoning requires the conclusion that accuracy over expression’s source is something that trademark law cannot police. This chapter provides a descriptive account of the disruption that these cases would create for music trademarks if their legal reasoning were taken seriously. Dastar would prevent recording artists and labels from using trademark law to manage how they designate themselves as the source of their primary product: recorded music. Recordings are simply not a relevant good for which a mark could ever indicate legally cognizable source to begin with. The chapter concludes by arguing that false advertising claims should be available to musicians, labels, and publishers to do what trademark law cannot—prevent competitors from falsely attributing authorship either to themselves or to others—whenever such factual statements of authorship are material to consumers.

scholarly journals Non-Traditional Trademarks and the Dilemma of Aesthetic Functionality

2018 ◽  
pp. 107-124
Author(s):  
Justin Hughes
Keyword(s):  
Psychological Responses ◽  
Analytic Framework ◽  
Trademark Law ◽  
Product Features ◽  
Trademark Protection ◽  
The Law ◽  
The Aesthetic ◽  
Functionality Doctrine ◽  
The U.S

As American trademark law has expanded to cover non-traditional designators, the law’s “functionality” doctrine has arguably become the most important bulwark against overly broad trademark rights in the U.S. While the law has a stable analytic framework for “utilitarian” functionality, the same cannot be said of “aesthetic functionality,” i.e., the notion that some product features are so aesthetically pleasing or trigger such specific mental responses among consumers that those features should not be monopolized by one competitor through trademark rights. This chapter explores the aesthetic functionality doctrine in American trademark law, proposing that the most convincing cases for aesthetic functionality are really about consumers’ cognitive and psychological responses, not aesthetics. The chapter proposes that aesthetic functionality should bar trademark protection only for product features related to specific cognitive, perceptual, or aesthetic biases that were widespread among consumers before the trademark owner began its own marketing efforts.

A Case of Prejudice? The Uncertain Development of Collective and Certification Marks

2012 ◽  
Vol 86 (2) ◽  
pp. 311-333 ◽  
Author(s):  
Paul Duguid
Keyword(s):  
Federal Government ◽  
Trademark Law ◽  
Lanham Act ◽  
The Law ◽  
International Conventions ◽  
The U.S ◽  
Forward Looking

The introduction of collective and certification marks to U.S. law in 1946 by the Lanham Act has generally been regarded as an innovative and forward-looking step. Yet these marks had been widely used by individual states since the previous century, and international conventions had long been pushing the federal government to enact measures to protect them. Indeed, it may be stranger that the U.S. trademark law of 1905 did not include protection for such marks than that, forty years later, the Lanham Act did. In exploring why the law of 1905 failed to respond to widespread innovation, and why the Lanham Act was celebrated for fulfilling such a long-overdue obligation, this article raises questions about conventionally linear accounts of the development of trademark law and practice.

Historical Introduction

1977 ◽  
Vol 35 ◽  
pp. 2-5
Author(s):  
R. D. Heidenreich
Keyword(s):  
Electron Emission ◽  
Secondary Electron ◽  
Secondary Electron Emission ◽  
50Th Anniversary ◽  
Secondary Emission ◽  
Wave Nature ◽  
Nobel Prize In Physics ◽  
Primary Electrons ◽  
The U.S ◽  
Mutual Agreement

This program has been organized by the EMSA to commensurate the 50th anniversary of the experimental verification of the wave nature of the electron. Davisson and Germer in the U.S. and Thomson and Reid in Britian accomplished this at about the same time. Their findings were published in Nature in 1927 by mutual agreement since their independent efforts had led to the same conclusion at about the same time. In 1937 Davisson and Thomson shared the Nobel Prize in physics for demonstrating the wave nature of the electron deduced in 1924 by Louis de Broglie.The Davisson experiments (1921-1927) were concerned with the angular distribution of secondary electron emission from nickel surfaces produced by 150 volt primary electrons. The motivation was the effect of secondary emission on the characteristics of vacuum tubes but significant deviations from the results expected for a corpuscular electron led to a diffraction interpretation suggested by Elasser in 1925.

Variations in Surface Textures of Quartz Sand using Electron Microscopy

1970 ◽  
Vol 28 ◽  
pp. 494-495
Author(s):  
Eugene J. Amaral
Keyword(s):  
Electron Microscopy ◽  
Glass Industry ◽  
Glass Slide ◽  
Distilled Water ◽  
Early Paleozoic ◽  
Secondary Effects ◽  
Surface Textures ◽  
High Silica ◽  
Sand Deposit ◽  
The U.S

Examination of sand grain surfaces from early Paleozoic sandstones by electron microscopy reveals a variety of secondary effects caused by rock-forming processes after final deposition of the sand. Detailed studies were conducted on both coarse (≥0.71mm) and fine (=0.25mm) fractions of St. Peter Sandstone, a widespread sand deposit underlying much of the U.S. Central Interior and used in the glass industry because of its remarkably high silica purity.The very friable sandstone was disaggregated and sieved to obtain the two size fractions, and then cleaned by boiling in HCl to remove any iron impurities and rinsed in distilled water. The sand grains were then partially embedded by sprinkling them onto a glass slide coated with a thin tacky layer of latex. Direct platinum shadowed carbon replicas were made of the exposed sand grain surfaces, and were separated by dissolution of the silica in HF acid.

The Effects of Estradiol on Chronically Damaged Human Fallopian Tubes: A SEM Study

1985 ◽  
Vol 43 ◽  
pp. 648-649
Author(s):  
A. Toledo ◽  
G. Stoelk ◽  
M. Yussman ◽  
R.P. Apkarian
Keyword(s):  
Menstrual Cycle ◽  
Epithelial Cell ◽  
Secretory Cell ◽  
Estrogen Therapy ◽  
Fallopian Tubes ◽  
Cell Surfaces ◽  
Proliferative Phase ◽  
Cyclic Patterns ◽  
Sem Study ◽  
The U.S

Today it is estimated that one of every three women in the U.S. will have problems achieving pregnancy. 20-30% of these women will have some form of oviductal problems as the etiology of their infertility. Chronically damaged oviducts present problems with loss of both ciliary and microvillar epithelial cell surfaces. Estradiol is known to influence cyclic patterns in secretory cell microvilli and tubal ciliogenesis, The purpose of this study was to assess whether estrogen therapy could stimulate ciliogenesis in chronically damaged human fallopian tubes.Tissues from large hydrosalpinges were obtained from six women undergoing tuboplastic repair while in the early proliferative phase of fheir menstrual cycle. In each case the damaged tissue was rinsed in heparinized Ringers-lactate and quartered.

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