2. Trademark Law and Unfair Competition

1958 ◽  
Vol 7 (2) ◽  
pp. 294
Author(s):  
Walter J. Derenberg
Keyword(s):  
Unfair Competition ◽  
Trademark Law

Das Verhältnis zwischen Marken- und Lauterkeitsrecht beim Schutz von Unternehmenskennzeichen

2021 ◽  
Author(s):  
Yaotian Chai
Keyword(s):  
Comparative Study ◽  
Hard Rock ◽  
Competition Law ◽  
Federal Court ◽  
Unfair Competition ◽  
Application Domain ◽  
Trademark Law ◽  
Court Of Justice ◽  
Unfair Competition Law ◽  
Federal Court Of Justice

Company signs can be protected by trademark law and unfair competition law. However, can the two legal instruments be applied cumulatively? If the results obtained under the two laws conflict with each other, how can the conflict be resolved? The German Federal Court of Justice has confirmed the principle of cumulative application in the Hard-Rock-Café judgement in 2013. However, in this case, the result under unfair competition law was aligned with that under trademark law. This approach seems doubtful. This comparative study seeks to delimit the application domain of unfair competition law besides trademark law by protection of company signs and to find the appropriate approach by contradictory results.

Denmark (‘.dk’)

2015 ◽  
Author(s):  
Knud Wallberg
Keyword(s):  
Competition Law ◽  
Unfair Competition ◽  
The Other ◽  
Trademark Law ◽  
Unfair Competition Law

The provisions of the laws on the exclusive rights in commercial designations and unfair competition law protection of signs can be applied separately or alongside each other without difficulty. Actions based on infringements are frequently based both on unfair competition law rules and on the other provisions under trademark law.

Trademarks and Unfair Competition

2017 ◽  
pp. 219-238 ◽  
Author(s):  
Clarisa Long
Keyword(s):  
Competition Law ◽  
Search Costs ◽  
Unfair Competition ◽  
Consumer Search ◽  
Economic Approach ◽  
Trademark Law ◽  
Full Circle ◽  
Consumer Confusion ◽  
Unfair Competition Law ◽  
Trademark Protection

Chapter 9 summarizes the dominant law and economic approach to some of the doctrines comprising the two major strands of modern trademark law: classic trademark law, in which trademark protection is justified as reducing consumer search costs and preventing consumer confusion; and dilution law, which is explained by the more traditional intellectual property justifications of encouraging investment in creating valuable marks and protecting producer goodwill. It argues that the culmination of trademark law in the form of protection against dilution represents completion of a full circle of development of unfair competition law. From its start as a means of protecting merchants’ entitlement to custom, unfair competition law, and its subsidiary trademark law have evolved in several stages, which are discussed in the chapter in detail.

Turkey (‘.tr’)

2015 ◽  
Author(s):  
Mustafa Aksu
Keyword(s):  
Intellectual Property ◽  
Competition Law ◽  
Unfair Competition ◽  
Trademark Law ◽  
Unfair Competition Law ◽  
Commercial Code ◽  
Turkish Commercial Code

The Trademark Decree-Law constitutes an important component in the alignment of Turkish trademark law with European laws concerning intellectual property. According to the Trademark Decree-Law, protection is only possible for registered trademarks (Trademark Decree-Law, Article 6). Unregistered trademarks must instead rely on the unfair competition law provisions of Articles 54 to 63 of the Turkish Commercial Code (hereinafter TComC).

scholarly journals The Impact of Registration of a Single Color as a Trademark on Unfair Competition

2020 ◽  
Vol 6 (1) ◽  
pp. 27
Author(s):  
Awara Azad Ahmad
Keyword(s):  
Case Law ◽  
Unfair Competition ◽  
The Other ◽  
Trademark Law ◽  
Other Hand ◽  
The Impact

The application for registration of non-traditional signs as trademarks has been increasing over the last two decades. “Single Color” is one of those non-traditional signs which has been applied for, especially in the U.K and U.S.A. Similarly, the Iraqi Trademark Law has allowed registration of colors as a trademark. However, the case law argues whether a single color may satisfy the requirements for registration of a trademark. On the other hand, the risks of color exhaustion and the anticompetitive effects of color monopolies are the main concerns on allowing the registration of single color trademarks. Therefore, protection of such trademarks from unfair competition might be difficult.

scholarly journals Adopting Passing off Concept of Unfair Competition Into Indonesia’s Trademark Law

2020 ◽  
Vol 3 (2) ◽  
pp. 133-142
Author(s):  
Ali Oksy Murbiantoro ◽  
Rachmad Safa’at ◽  
Yuliati Yuliati ◽  
Sukarmi Sukarmi
Keyword(s):  
Civil Law ◽  
Unfair Competition ◽  
District Court ◽  
Comparative Approach ◽  
Proper Solution ◽  
Legal Basis ◽  
Legal Certainty ◽  
Legal Research ◽  
Trademark Law ◽  
Passing Off

The application of the concepts of unfair competition in Indonesia’s Trademark Law is one of the reasons as a proper solution in providing justification and argumentation basis, in terms of to answer the issue of impersonation of trademarks on different kinds goods, particularly for impersonation of domestic well known mark obtains sufficient legal basis due to the existence of protection and legal certainty for the trademark owner which is impersonated thereof. The current Indonesia trademark law basically only provide trademark lawsuit in terms of cancellation for registered mark; legal damages claim. Both lawsuits related to using unauthorized registered mark based on overall or basic similarities in the same kind of goods, although unauthorized use in different kind of good is possible to be sued but it is restricted for international well-known mark only. In addition there is such trademark lawsuit in connection with deletion registered mark means this proceeding enforce when the registered mark does not use for three years as of the mark registered. Considering that actually the concept of unfair competition basically reflect to the understanding of unlawful act (tort) which stating in the article 1365 Indonesia’s Civil Code. However, this understanding is not covered in Indonesia’s Trademark law instead of it is enforced in Indonesia’s civil law and civil procedure. Hence, if there is a trademark impersonation dispute in the different kinds of goods, the resolution of the dispute will refer to unlawful act and that lawsuit will be trialed by regular district court, even though based on trademark law for trademark lawsuit should be trialed by commercial court. Therefore, it is lead to uncertainty in terms of the authorize court which is examined and handled the said case. To include the concept of unfair competition as a part of trademark violation into Indonesia’s trademark law hopefully enable to anticipate in reducing any kind of types trademark violation occurred including in the form of violation such impersonation of domestic well-known mark in different kind of goods. This research is normative legal research with a legislation, concept, and comparative approach. The legal material with technical analysis is done by the method of interpretation. Comparing to the concept of unfair competition, passing off within Indonesia’s trademark law; International Trademark Convention will answers whether the understanding of unfair competition applied in the trademark violation in Indonesia particularly in connection with the issues of impersonation towards registered of well-known mark domestically is already proper either for domestic or worldwide perspective.

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