Trade Mark Law’s Identity Crisis (Part 1)

2021 ◽  
Vol 44 (1) ◽  
Author(s):  
Michael Handler
Keyword(s):  
Federal Court ◽  
Trade Mark ◽  
Identity Crisis ◽  
Clinical Imaging ◽  
High Court ◽  
Strict Interpretation ◽  
Trade Mark Law ◽  
The Subject ◽  
Substantial Identity ◽  
Set Up

The concept of ‘substantial identity’ has not been the subject of sustained critical inquiry in Australian trade mark law, notwithstanding that it plays a crucial role in relation to trade mark ownership, non-use, amendments to representations, and the criminal offences. The first part of this two-part article reveals, through novel doctrinal analysis, how over the course of the twentieth century a settled, strict interpretation of substantial identity took shape in Australian trade mark law. This orthodox interpretation was recently disrupted by the Full Court of the Federal Court in Accor Australia & New Zealand Hospitality Pty Ltd v Liv Pty Ltd and Pham Global Pty Ltd v Insight Clinical Imaging Pty Ltd. In these decisions the Court reinterpreted earlier High Court authority to set up a new, significantly more expansive test of substantial identity – one that is already starting to have a major, and concerning, impact throughout Australia’s trade marks system.

Four Dimensions of Diamond T: Combination Trade Marks of Colours And Shapes

2006 ◽  
Vol 37 (4) ◽  
pp. 583
Author(s):  
Michael McGowan
Keyword(s):  
Three Dimensional ◽  
Trade Mark ◽  
Fourth Dimension ◽  
Trade Marks ◽  
Four Dimensions ◽  
Trade Mark Law ◽  
Dimensional Shape ◽  
Three Dimensional Shape

This article examines the relatively new fields of colour and shape trade marks. It was initially feared by some academics that the new marks would encroach on the realms of patent and copyright.  However, the traditional requirements of trade mark law, such as functionality and descriptiveness, have meant that trade marks in colour and shape are extremely hard to acquire if they do not have factual distinctiveness. As colour and shape trade marks have no special restrictions, it is proposed that the combination trade mark theory and analysis from the Diamond T case should be used as a way to make them more accessible. The combination analysis can be easily applied because every product has a three dimensional shape and a fourth dimension of colour.

M. V. Nadkarni. Farmer's Movements in India. New Delhi: Allied Publishers Pvt. Ltd., 1987.237 pp.,Price: (hardbound edition) Rupees (Indian) 100.00.

1988 ◽  
Vol 27 (3) ◽  
pp. 333-335
Author(s):  
Khwaja Sarmad
Keyword(s):  
Tamil Nadu ◽  
Rural Poverty ◽  
Price Policy ◽  
New Delhi ◽  
Root Cause ◽  
The Subject ◽  
The Rich ◽  
Land Holdings ◽  
Set Up ◽  
Agricultural Price

This book is a comprehensive analysis of farmers' movements in India with a focus on the movements in Tamil Nadu, Maharashtra, Punjab and Karnatka. It examines the economic, social and political aspects of the farmers' struggle for a better deal within regional and national perspectives and evaluates the potential impact of these struggles on economic development in general, and on rural development, in particular. In a most competent way the author has presented the current state of the debate on the subject. He deals exhaustively with the subject of agricultural price policy and argues against the proposition that favourable price-setting for farm products is adequate to alleviate rural poverty. A better way to tackle this problem is to improve the per capita output in the rural sector, since the root cause of the problem is not unfavourable terms of trade but the increasing proportion of land holdings, which are economically not viable. Agricultural price policy is analyzed within the context of class relations, which enables to establish a link between the economic and political demands of the farmers. This analysis leads the author to conclude, that in contrast with the peasants' movements in India, which helped to break up the feudal agrarian set-up, the recent farmers' movements, with a few exceptions, have little revolutionary content. Their leadership has been appropriated by the rich landowners, who have transformed the movements into a lobby for advancing their own interests, within the existing power structure, to the neglect of the poorer peasantry.

HUBUNGAN ANTARA JIWA WIRAUSAHA MAHASISWA DENGAN MOTIVASI, LINGKUNGAN KELUARGA DAN PENDIDIKAN PADA POLITEKNIK LP3I JAKARTA KAMPUS BEKASI

2018 ◽  
Vol 6 (2) ◽  
pp. 14
Author(s):  
Darmawan Darmawan ◽  
Jajang Setiawan
Keyword(s):  
Key Words ◽  
Family Background ◽  
Research Result ◽  
Education Institution ◽  
Education Level ◽  
Study Program ◽  
Economic Level ◽  
The Subject ◽  
Set Up

<p align="center"><strong>ABSTRACT</strong><strong></strong></p><p align="center"><strong> </strong></p><p align="justify"><em>Today, the growth of economic level begins to rise again that is generated by the increase of   different kind of product and different kind of businesses that are offered by both individual businesses that are done easly independently. To deal with all of business trends, the education institution has to prepare the students to be able to set up a business idenpendedntly through the subject of entrepeuneurship.  As it is regulated in Vision and Mision of study program and is also regulated in the curriculum of lectures. </em><em></em></p><p align="justify"><em>This research is aimed at to find out the correlation between the spirit of entrepeunership and motivation , Family background, and education level. Based on the research result, the finding showed that the spirit of entrepeneurship correlated with the motivation and family background. Based on the finding, it was also found that education level did not correlate with that the spirit of entrepeneurship. In regard with the findings, it is important to develop more the motivation of students to touch up the sperit of entrepenuership. </em><em></em></p><p align="justify"> </p><p><em>Key words: Entrepenuer, Students, Entrepeuneurship. </em></p>

The Trade Mark, Other Product Designations, and Goodwill

2017 ◽  
Author(s):  
Justine Pila
Keyword(s):  
Subject Matter ◽  
Common Law ◽  
Trade Mark ◽  
Geographical Indication ◽  
Passing Off ◽  
Rights Protection ◽  
Essential Properties ◽  
The Subject ◽  
The Common ◽  
The Relationship

This chapter considers the meaning of the terms that appropriately denote the subject matter protectable by registered trade mark and allied rights, including the common law action of passing off. Drawing on the earlier analyses of the objects protectable by patent and copyright, it defines the trade mark, designation of origin, and geographical indication in their current European and UK conception as hybrid inventions/works in the form of purpose-limited expressive objects. It also considers the relationship between the different requirements for trade mark and allied rights protection, and related principles of entitlement. In its conclusion, the legal understandings of trade mark and allied rights subject matter are presented as answers to the questions identified in Chapter 3 concerning the categories and essential properties of the subject matter in question, their method of individuation, and the relationship between and method of establishing their and their tokens’ existence.

The Subject Matter of Intellectual Property

2017 ◽  
Author(s):  
Justine Pila
Keyword(s):  
Intellectual Property ◽  
Subject Matter ◽  
Final Stage ◽  
Theoretical Framework ◽  
Trade Mark ◽  
Second Stage ◽  
Essential Properties ◽  
The Subject ◽  
Three Stages ◽  
The Relationship

This book offers a study of the subject matter protected by each of the main intellectual property (IP) regimes. With a focus on European and UK law particularly, it considers the meaning of the terms used to denote the objects to which IP rights attach, such as ‘invention’, ‘authorial work’, ‘trade mark’, and ‘design’, with reference to the practice of legal officials and the nature of those objects specifically. To that end it proceeds in three stages. At the first stage, in Chapter 2, the nature, aims, and values of IP rights and systems are considered. As historically and currently conceived, IP rights are limited (and generally transferable) exclusionary rights that attach to certain intellectual creations, broadly conceived, and that serve a range of instrumentalist and deontological ends. At the second stage, in Chapter 3, a theoretical framework for thinking about IP subject matter is proposed with the assistance of certain devices from philosophy. That framework supports a paradigmatic conception of the objects protected by IP rights as artifact types distinguished by their properties and categorized accordingly. From this framework, four questions are derived concerning: the nature of the (categories of) subject matter denoted by the terms ‘invention’, ‘authorial work’, ‘trade mark’, ‘design’ etc, including their essential properties; the means by which each subject matter is individuated within the relevant IP regime; the relationship between each subject matter and its concrete instances; and the manner in which the existence of a subject matter and its concrete instances is known. That leaves the book’s final stage, in Chapters 3 to 7. Here legal officials’ use of the terms above, and understanding of the objects that they denote, are studied, and the results presented as answers to the four questions identified previously.

scholarly journals On Kaufmann's theory of the impact of the pianoforte hammer

1920 ◽  
Vol 97 (682) ◽  
pp. 99-110 ◽  
Keyword(s):  
Initial Conditions ◽  
Practical Importance ◽  
Prima Facie ◽  
Point Of View ◽  
Infinite Length ◽  
Modes Of Vibration ◽  
Rigorous Treatment ◽  
The Subject ◽  
Set Up ◽  
The Impact

The theory of the vibrations of the pianoforte string put forward by Kaufmann in a well-known paper has figured prominently in recent discussions on the acoustics of this instrument. It proceeds on lines radically different from those adopted by Helmholtz in his classical treatment of the subject. While recognising that the elasticity of the pianoforte hammer is not a negligible factor, Kaufmann set out to simplify the mathematical analysis by ignoring its effect altogether, and treating the hammer as a particle possessing only inertia without spring. The motion of the string following the impact of the hammer is found from the initial conditions and from the functional solutions of the equation of wave-propagation on the string. On this basis he gave a rigorous treatment of two cases: (1) a particle impinging on a stretched string of infinite length, and (2) a particle impinging on the centre of a finite string, neither of which cases is of much interest from an acoustical point of view. The case of practical importance treated by him is that in which a particle impinges on the string near one end. For this case, he gave only an approximate theory from which the duration of contact, the motion of the point struck, and the form of the vibration-curves for various points of the string could be found. There can be no doubt of the importance of Kaufmann’s work, and it naturally becomes necessary to extend and revise his theory in various directions. In several respects, the theory awaits fuller development, especially as regards the harmonic analysis of the modes of vibration set up by impact, and the detailed discussion of the influence of the elasticity of the hammer and of varying velocities of impact. Apart from these points, the question arises whether the approximate method used by Kaufmann is sufficiently accurate for practical purposes, and whether it may be regarded as applicable when, as in the pianoforte, the point struck is distant one-eighth or one-ninth of the length of the string from one end. Kaufmann’s treatment is practically based on the assumption that the part of the string between the end and the point struck remains straight as long as the hammer and string remain in contact. Primâ facie , it is clear that this assumption would introduce error when the part of the string under reference is an appreciable fraction of the whole. For the effect of the impact would obviously be to excite the vibrations of this portion of the string, which continue so long as the hammer is in contact, and would also influence the mode of vibration of the string as a whole when the hammer loses contact. A mathematical theory which is not subject to this error, and which is applicable for any position of the striking point, thus seems called for.

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