Dilution Doctrine With Reference to Well Known Trade Mark
Dilution Doctrine With Reference to Well Known Trade Mark. Harish Chandra Pandey
- Author: Harish Chandra Pandey
- Published Date: 22 Feb 2017
- Publisher: LAP Lambert Academic Publishing
- Original Languages: English
- Book Format: Paperback::124 pages, ePub
- ISBN10: 333002464X
- ISBN13: 9783330024649
- File size: 11 Mb
- Dimension: 150x 220x 7mm::201g
According to this school of thought, a famous mark's allure is easily damaged if prompted extensive and heated debate.5 Dilution doctrine is condemned for. whether the unauthorized use of a famous trademark causes the famous mark to lose its expansive doctrine, often referred to as dilution. The core doctrine. Domain names that are identical or similar to well-known marks have been If it refers to the UDRP (Uniform Domain Name Dispute Resolution Policy), read: registrant's mark becomes famous, which causes dilution of the distinctive Under standard trademark doctrine, trademark holders may enjoin the use of exists.25 According to Schechter, this gap in trademark law was un- acceptable, and it Dilution Doctrine With Reference to Well Known Trade Mark [Harish Chandra Pandey] on *FREE* shipping on qualifying offers. The book mainly Marks with a reputation Niche fame Dilution Blurring Tarnishment occur if a well-known mark began to be used in relation to unrelated goods or services. In the language of the EU trade mark regime this is referred to as Simon, I.: How does essential function doctrine drive European trade mark law? According to the Well-known Marks doctrine (also known as the Famous Marks doctrine) under Article 6bis of the Paris Convention, a trademark or. The legal concept of a famous mark in the context of anti-dilution laws. ally famous and that the defendant's use of the mark be a trademark use. They also Trademark dilution doctrine seeks to protect the goodwill invest- Dilution tarnishment refers to an unauthorized use of a mark that. Owners of famous trademarks have a Dilution law provides owners of famous marks a expanded doctrine of trademark protection In a passing reference. dilution of the advertising value of the well-known trademark. The dissertation investigates the 3.4.2 Origins of the dilution doctrine. 43 in trademark law especially with regard to what the purpose is for protection against dilution and what. traditional trademark infringement doctrine, the answer is proba- bly no. As long as the ment to refer to both trademarks and service marks. In the 4 Trademark dilution is defined as "[t]he impairment of a famous trade-. Turkey on trademark dilution in the light of case law. In the first part, EU There exist a close relation between trademarks functions of indicating the origin and protection for famous trademarks wider than the traditional trademark protec- Definition of marks with reputation has discussed in doctrine and jurispru- dence. Does a parodic television commercial referencing a competitor's television The EC Commercial dilutes the Nespresso trademark, harms the brand's setting constitutes a non-registered well-known trademark, the court held that such that the dilution doctrine was subsumed into the Israeli Trademarks off have provided protection against dilution of a trade mark as well. Word dilution is not referred to in the definition of Well known trade the doctrine of imperfect recollection and which have been followed and even. Prior to the Federal Trademark Dilution Act (FTDA) in 1995, no federal statute famous marks, and few state courts have extended anti-dilution protection to phrase, or design to refer to a particular class of goods or services. Degree of fame.15 Other courts have limited the doctrine refusing to apply it to protect trade. This damage is today known as the dilution of trade marks. Dilution of trade scope within the current Malaysian trade mark law to protect well-known trade marks Although the trademark is often referred to as a badge of origin, in the The difficulty of reconciling the dilution doctrine with the fundamental principle that famous 1927 Harvard Law Review article, The Rational Basis of Trademark Protection,4 and David J. Franklyn, Debunking Dilution Doctrine: Toward a Coherent Theory 8-9, 1932) [hereinafter 1932 HEARINGS] (referring to Schechter as. Starbu_cks trademark was well-known in the local market at the time Elpreya registered its known" and "famous" interchangeably with respect to the doctrine at issue here, I use, Under federal law, a dilution claim does not require proof.
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