scholarly journals Trademarks: Successful Plaintiffs in Trademark Infringement Actions under the Lanham Act May Not Recover Attorney's Fees: Maier Brewing Co. v. Fleischmann Distilling Corp.

1967 ◽  
Vol 65 (3) ◽  
pp. 593 ◽  
Keyword(s):  
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.

Trademark Infringement - A Case Study From Indian FMCG Sector

2011 ◽  
Vol 3 (10) ◽  
pp. 1-2
Author(s):  
Suvrashis Sarkar ◽  
◽  
Dr. Stephen D’Silva Dr. Stephen D’Silva
Keyword(s):  
Trademark Infringement

scholarly journals TUNTUTAN PROVISI DALAM GUGATAN PELANGGARAN MEREK PADA PENGADILAN NIAGA

1970 ◽  
Vol 2 (1) ◽  
Author(s):  
Devi Marlita Martana
Keyword(s):  
Law Enforcement ◽  
Literature Study ◽  
Trademark Law ◽  
Trademark Infringement ◽  
Civil Proceeding ◽  
Investigation Process

Act Number 15 Year 2001 regarding  Trademark has set the provisional charges. Provisional charges may be filed by the plaintiff while the investigation process of trademark infringement lawsuit in court of commerce is still ongoing. In a civil proceeding, the provisional charge must not be the primary charge, however the provisional charge that is set out in the Trademark Act has already concerned the primary charge. Actions that can be requested in the provisional charge according to Article 78 paragraph (1) in the  Trademark Act include cessation of production, cessation of circulation of goods and / or services using Plaintiff's trademark illegally. Using literature study that utilizes primary legal materials and secondary legal materials as the research object, the results of the discussion are expected to be based on sufficient arguments to provide benefits for those who are interested to learn the trademark law enforcement.

scholarly journals Trademarks: Extraterritorial Application of the Lanham Act

1957 ◽  
Vol 55 (6) ◽  
pp. 887
Author(s):  
William R. Luney
Keyword(s):  
Lanham Act

US Supreme Court holds that the disparagement clause of the Lanham Act is unconstitutional

2017 ◽  
Vol 12 (10) ◽  
pp. 826-829
Author(s):  
Charles R Macedo ◽  
Marion P Metelski ◽  
David P Goldberg
Keyword(s):  
Supreme Court ◽  
Us Supreme Court ◽  
Lanham Act
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