Deception, Trademark Infringement, and the Lanham Act: A Property-Rights Reconciliation

1992 ◽  
Vol 78 (1) ◽  
pp. 49
Author(s):  
Fred S. McChesney
Keyword(s):  
Property Rights ◽  
Trademark Infringement ◽  
Lanham Act

Legal and Public Policy Implications for the Future of Comparative Advertising: A Look at U-Haul v. Jartran

1989 ◽  
Vol 8 (1) ◽  
pp. 124-142 ◽  
Author(s):  
Caryn L. Beck-Dudley ◽  
Terrell G. Williams
Keyword(s):  
Public Policy ◽  
Legal Theory ◽  
Policy Implications ◽  
Comparative Advertising ◽  
The Public ◽  
Industry Regulation ◽  
Trademark Infringement ◽  
Private Action ◽  
Lanham Act ◽  
Legal Fees

This article investigates the regulatory environment for comparative advertising in terms of industry regulation, government regulatory agencies, and private court actions under state law and the federal Lanham Act. Major legal issues are trade disparagement and defamation, trademark infringement and dilution, and deception. The Lanham Act offers protection and redress for parties injured by false, misleading or unfair comparative advertising. Legal theory for application of Lanham to comparative advertising is detailed and implications of the U-Haul vs. Jartran case, where Lanham was applied with U-Haul's being awarded more than forty million dollars in damages and legal fees, are discussed. Several public policy issues are raised including whether the FTC's private action policy serves the public interest given legal risks and costs of defending law suits.

scholarly journals THE COMPARISON OF LEGAL DAMAGES FOR COPYRIGHT & BRAND INFRINGEMENT AMONG INDONESIA-CHINA LAWS

2021 ◽  
Vol 8 (3) ◽  
pp. 466
Author(s):  
Heri Gunawan ◽  
Joni Emirzon ◽  
Muhammad Syaifuddin
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Protection ◽  
Trademark Law ◽  
Republic Of China ◽  
Trademark Infringement ◽  
Positive Law ◽  
The Law ◽  
The Right

Intellectual Property Rights or what is often abbreviated as HAKI is a legal protection given by a certain country to a person or group of individuals who express their ideas in the form of works. This law is a state territory. This means that a work will only be protected by rights in the country where the work originated to obtain IPR. As stated in the Copyright Laws, Intellectual Property Rights are exclusive rights granted by a regulation to a person or group of people for their copyrighted works. This protected work is in the form of intangible objects such as copyrights, patents, and trademarks and tangible objects in the form of information, technology, literature, art, skills, science, and so on. The idea of compensation law for copyright and trademark infringement in Indonesia, of course, can imitate the copyright law and trademark law of the People's Republic of China in regulating more clearly the calculation of the value of losses for copyright and trademark infringement in order to be able to provide legal certainty for the owner / rights holders whose rights have been violated. The research use normative juridical approach. The purpose of writing is to analyze and explain the calculation of compensation by looking at the criteria, evidence, basis, form and formulation of calculating compensation for copyright and trademark infringement. The results of the study stated that the law for compensation that arises as a result of copyright and trademark infringement according to positive law in Indonesia still does not regulate in detail the calculation of the value of the loss of both copyrights and trademarks. Copyright Act No.28 of 2014 and Trademark Act No.20 of 2016 only gives rights to the right owner/right holder to file a claim for compensation, but the law does not regulate how to determine the value of the loss for a copyright infringement as well as brands.

scholarly journals The violation of the trademark right caused by signing a retail sales agreement over the internet

2021 ◽  
Vol 93 (3) ◽  
pp. 794-824
Author(s):  
Nikola Milosavljević
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Electronic Commerce ◽  
Intellectual Property Rights ◽  
The Internet ◽  
Global Development ◽  
Market Participants ◽  
Trademark Infringement ◽  
Internet Retail ◽  
Definition Of

The global development of electronic commerce is currently leading to extensive intellectual property rights violations. In this paper, the author has analyzed the definition of the internet retail contract and the place where it is concluded, as the possible area where the trademark infringement happens. Furthermore, there is an overview of electronic sales trademark infringements, as well as the solutions attempted. In the end, the author presents his opinion on methods that should be used in order to protect trademarks in electronic commerce, taking into account the interests of all market participants.

The Origins and Consequences of Property Rights

2020 ◽  
Author(s):  
Colin Harris ◽  
Meina Cai ◽  
Ilia Murtazashvili ◽  
Jennifer Murtazashvili
Keyword(s):  
Property Rights
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