138 relations: Ale, Amazon (company), Anticybersquatting Consumer Protection Act, Aston v Harlee Manufacturing Co, Audi, Australian trade mark law, Bass Brewery, Blacksmith, BMW, Brand, Brand licensing, Brand piracy, Brookfield Communications, Inc. v. West Coast Entertainment Corp., Bullyland, Bundle of rights, Business, Certification mark, Collective trade mark, Commerce Clause, Common law, Consumer, Consumer protection, Copyright, Copyright Clause, Copyright Duration Directive, Corporate identity, Counterfeit consumer goods, Cybersquatting, Declaratory judgment, Design, Deutsches Patent- und Markenamt, Domain Name System, Due diligence, Edgar Rice Burroughs, Edgar Rice Burroughs, Inc., Estoppel, European Union, European Union Intellectual Property Office, Exclusive right, Fair use (U.S. trademark law), First Amendment to the United States Constitution, Generic trademark, Germany, Goods, Goodwill (accounting), Gripe site, Harmonisation of law, Henry III of England, HTML, ICANN, ..., Idiom, Initial Interest Confusion, Intellectual property, Intellectual Property Office (United Kingdom), International (Nice) Classification of Goods and Services, International Trademark Association, Jingle, Juridical person, Jurisdiction, Krupp, Label, Lamparello v. Falwell, Lanham Act, Lawsuit, Löwenbräu Brewery, Lego Star Wars, Lens.com, Inc. v. 1-800 Contacts, Inc., LexisNexis, Libertarian perspectives on intellectual property, List of business entities, Logo, Los Angeles Times, Lucasfilm, Marketplace, Maytag, Media franchise, Member state of the European Union, Nominet UK, Non-conventional trademark, Packaging and labeling, Paris Convention for the Protection of Industrial Property, Parliament of England, Passing off, Patent, Pepsi, Playboy, Playboy Enterprises, Inc. v. Netscape Communications Corp., Playboy Playmate, Prima facie, Property, ProQuest Dialog, Public domain, Public policy, Quality control, Registered trademark symbol, Reputation, Rights, Roman Empire, Rope, Samson, Secondary liability, Service (economics), Service mark, Service mark symbol, Sign (semiotics), Sword, Symbol, Synonym, Tarzan, Tea Rose – Rectanus doctrine, The Lego Group, The Smurfs merchandising, Tort, Trade dress, Trade mark law of the European Union, Trade Marks Act 1994, Trade-Mark Cases, Trademark dilution, Trademark distinctiveness, Trademark infringement, Trademark look, Trademark symbol, Treaty, TRIPS Agreement, TT Toys Toys, Typosquatting, Uniform Domain-Name Dispute-Resolution Policy, United Kingdom, United States, United States Congress, United States Patent and Trademark Office, United States trademark law, Unregistered trademark, Volkswagen, Voucher, World Intellectual Property Organization, World Trade Organization, World Trademark Review. Expand index (88 more) » « Shrink index
Ale is a type of beer brewed using a warm fermentation method, resulting in a sweet, full-bodied and fruity taste.
Amazon.com, Inc., doing business as Amazon, is an American electronic commerce and cloud computing company based in Seattle, Washington that was founded by Jeff Bezos on July 5, 1994.
The Anticybersquatting Consumer Protection Act (ACPA), 15 U.S.C. § 1125(d), is a U.S. law enacted in 1999 that established a cause of action for registering, trafficking in, or using a domain name confusingly similar to, or dilutive of, a trademark or personal name.
Aston v Harlee Manufacturing Co. is a significant legal decision involving Australian trademark law.
Audi AG is a German automobile manufacturer that designs, engineers, produces, markets and distributes luxury vehicles.
Australian trade mark law is based on common-law use-based rights as well as the Trade Marks Act 1995 (Cth), which is administered by IP Australia, an Australian government agency within the Department of Industry, Tourism and Resources.
The Bass Brewery was founded in 1777 by William Bass in Burton-upon-Trent, England.
A blacksmith is a metalsmith who creates objects from wrought iron or steel by forging the metal, using tools to hammer, bend, and cut (cf. whitesmith).
BMW (Bayerische Motoren Werke in German, or Bavarian Motor Works in English) is a German multinational company which currently produces luxury automobiles and motorcycles, and also produced aircraft engines until 1945.
A brand is a name, term, design, symbol, or other feature that distinguishes an organization or product from its rivals in the eyes of the customer.
Licensing means renting or leasing of an intangible asset.
Brand piracy is the act of naming a product in a manner which can result in confusion with other better known brands.
The case Brookfield Communications, Inc.
Bullyland AG is a German based manufacturing company founded in 1973 and based in Spraitbach, known worldwide as a manufacturer of hand-painted collectors' models and figurines.
The bundle of rights is a metaphor to explain the complexities of property ownership.
Business is the activity of making one's living or making money by producing or buying and selling products (goods and services).
A certification mark (or conformity mark) on a commercial product indicates the existence of an accepted product standard or regulation and a claim that the manufacturer has verified compliance with those standards or regulations.
A collective trademark, collective trade mark, or collective mark is a trademark owned by an organization (such as an association), used by its members to identify themselves with a level of quality or accuracy, geographical origin, or other characteristics set by the organization.
The Commerce Clause describes an enumerated power listed in the United States Constitution (Article I, Section 8, Clause 3).
Common law (also known as judicial precedent or judge-made law, or case law) is that body of law derived from judicial decisions of courts and similar tribunals.
A consumer is a person or organization that use economic services or commodities.
In regulatory jurisdictions that provide for this (a list including most or all developed countries with free market economies) consumer protection is a group of laws and organizations designed to ensure the rights of consumers, as well as fair trade, competition, and accurate information in the marketplace.
Copyright is a legal right, existing globally in many countries, that basically grants the creator of an original work exclusive rights to determine and decide whether, and under what conditions, this original work may be used by others.
The Copyright Clause (also known as the Intellectual Property Clause, Copyright and Patent Clause, or the Progress Clause) describes an enumerated power listed in the United States Constitution (Article I, Section 8, Clause 8).
Council Directive 93/98/EEC of 29 October 1993 harmonising the term of protection of copyright and certain related rights is a European Union directive in the field of copyright law, made under the internal market provisions of the Treaty of Rome.
A corporate identity or corporate image is the manner which a corporation, firm or business presents themselves to the public (such as customers and investors as well as employees).
Counterfeit consumer goods are goods, often of inferior quality, made or sold under another's brand name without the brand owner’s authorization.
Cybersquatting (also known as domain squatting), according to the United States federal law known as the Anticybersquatting Consumer Protection Act, is registering, trafficking in, or using an Internet domain name with bad faith intent to profit from the goodwill of a trademark belonging to someone else.
A declaratory judgment, also called a declaration, is the legal determination of a court that resolves legal uncertainty for the litigants.
Design is the creation of a plan or convention for the construction of an object, system or measurable human interaction (as in architectural blueprints, engineering drawings, business processes, circuit diagrams, and sewing patterns).
The German Patent and Trade Mark Office (Deutsches Patent- und Markenamt; abbreviation: DPMA) is the German national patent office, with headquarters in Munich, and offices in Berlin and Jena.
The Domain Name System (DNS) is a hierarchical decentralized naming system for computers, services, or other resources connected to the Internet or a private network.
Due diligence is an investigation of a business or person prior to signing a contract, or an act with a certain standard of care.
Edgar Rice Burroughs (September 1, 1875 – March 19, 1950) was an American fiction writer best known for his celebrated and prolific output in the adventure and science-fiction genres.
Edgar Rice Burroughs, Inc. is an American company founded in 1923 by author Edgar Rice Burroughs.
Estoppel is a judicial device in common law legal systems whereby a court may prevent, or "estop" (a person who performs this is estopped) a person from making assertions or from going back on his or her word.
The European Union (EU) is a political and economic union of EUnum member states that are located primarily in Europe.
The European Union Intellectual Property Office (EUIPO, French: Office de l'Union européenne de la propriété intellectuelle), founded in 1994, is the European Union Agency responsible for the registration of the European Union trade mark (EUTM) and the registered Community design (RCD), two unitary intellectual property rights valid across the 28 Member States of the EU.
In Anglo-Saxon law, an exclusive right, or exclusivity, is a de facto, non-tangible prerogative existing in law (that is, the power or, in a wider sense, right) to perform an action or acquire a benefit and to permit or deny others the right to perform the same action or to acquire the same benefit.
In the United States, trademark law includes a fair use defense, sometimes called "trademark fair use" to distinguish it from the better-known fair use doctrine in copyright.
The First Amendment (Amendment I) to the United States Constitution prevents Congress from making any law respecting an establishment of religion, prohibiting the free exercise of religion, or abridging the freedom of speech, the freedom of the press, the right to peaceably assemble, or to petition for a governmental redress of grievances.
A generic trademark, also known as a genericized trademark or proprietary eponym, is a trademark or brand name that, due to its popularity or significance, has become the generic name for, or synonymous with, a general class of product or service, usually against the intentions of the trademark's holder.
Germany (Deutschland), officially the Federal Republic of Germany (Bundesrepublik Deutschland), is a sovereign state in central-western Europe.
In economics, goods are materials that satisfy human wants and provide utility, for example, to a consumer making a purchase of a satisfying product.
Goodwill in accounting is an intangible asset that arises when a buyer acquires an existing business.
A gripe site is a type of website devoted to the critique and or mockery of a person, place, politician, corporation, or institution.
In relation to the European Union, harmonisation of law (or simply harmonisation) is the process of creating common standards across the internal market.
Henry III (1 October 1207 – 16 November 1272), also known as Henry of Winchester, was King of England, Lord of Ireland, and Duke of Aquitaine from 1216 until his death.
Hypertext Markup Language (HTML) is the standard markup language for creating web pages and web applications.
The Internet Corporation for Assigned Names and Numbers (ICANN) is a nonprofit organization responsible for coordinating the maintenance and procedures of several databases related to the namespaces and numericalspaces of the Internet, ensuring the network's stable and secure operation.
An idiom (idiom, "special property", from translite, "special feature, special phrasing, a peculiarity", f. translit, "one's own") is a phrase or an expression that has a figurative, or sometimes literal, meaning.
Initial Interest Confusion is a legal doctrine under trademark law that permits a finding of infringement when there is temporary confusion that is dispelled before the purchase is made.
Intellectual property (IP) is a category of property that includes intangible creations of the human intellect, and primarily encompasses copyrights, patents, and trademarks.
The Intellectual Property Office of the United Kingdom (often The IPO) is, since 2 April 2007, the operating name of The Patent Office.
The Nice Classification, established by the Nice Agreement (1957), is a system of classifying goods and services for the purpose of registering trademarks.
The International Trademark Association (INTA) is a worldwide not-for-profit advocacy association of trademark owners and professionals dedicated to supporting trademarks and intellectual property in order to protect consumers and to promote fair and effective global commerce.
A jingle is a short song or tune used in advertising, podcasts and for other commercial uses.
A juridical person is a non-human legal entity, in other words any organization that is not a single natural person but is authorized by law with duties and rights and is recognized as a legal person and as having a distinct identity.
Jurisdiction (from the Latin ius, iuris meaning "law" and dicere meaning "to speak") is the practical authority granted to a legal body to administer justice within a defined field of responsibility, e.g., Michigan tax law.
The Krupp family (see pronunciation), a prominent 400-year-old German dynasty from Essen, became famous for their production of steel, artillery, ammunition, and other armaments.
A label (as distinct from signage) is a piece of paper, plastic film, cloth, metal, or other material affixed to a container or product, on which is written or printed information or symbols about the product or item.
Lamparello v. Falwell, 420 F.3d 309, is a legal case heard by the United States Court of Appeals for the Fourth Circuit concerning cybersquatting and trademark infringement.
The Lanham (Trademark) Act (codified at et seq.) is the primary federal trademark statute of law in the United States.
A lawsuit (or suit in law) is "a vernacular term for a suit, action, or cause instituted or depending between two private persons in the courts of law." A lawsuit is any proceeding by a party or parties against another in a court of law.
Löwenbräu is a brewery in Munich owned by Anheuser-Busch InBev.
Lego Star Wars is a Lego theme that incorporates the Star Wars saga.
LexisNexis Group is a corporation providing computer-assisted legal research as well as business research and risk management services.
Libertarians have differing opinions on the validity of intellectual property.
A business entity is an entity that is formed and administered as per corporate law in order to engage in business activities, charitable work, or other activities allowable.
A logo (abbreviation of logotype, from λόγος logos "word" and τύπος typos "imprint") is a graphic mark, emblem, or symbol used to aid and promote public identification and recognition.
The Los Angeles Times is a daily newspaper which has been published in Los Angeles, California since 1881.
A market, or marketplace, is a location where people regularly gather for the purchase and sale of provisions, livestock, and other goods.
The Maytag Corporation is an American home and commercial appliance brand owned by Whirlpool Corporation after the April 2006 acquisition of Maytag.
A media franchise, also known as multimedia franchise, is a collection of related media in which several derivative works have been produced from an original creative work, such as a film, a work of literature, a television program or a video game.
The European Union (EU) consists of 28 member states.
Nominet UK is the.uk domain name registry in the United Kingdom, which was founded by Dr Willie Black and five others on 14 May 1996 when its predecessor, the "Naming Committee" was unable to deal with the volume of registrations then being sought under the.uk domain.
A non-conventional trademark, also known as a nontraditional trademark, is any new type of trademark which does not belong to a pre-existing, conventional category of trade mark, and which is often difficult to register, but which may nevertheless fulfill the essential trademark function of uniquely identifying the commercial origin of products or services.
Packaging is the science, art and technology of enclosing or protecting products for distribution, storage, sale, and use.
The Paris Convention for the Protection of Industrial Property, signed in Paris, France, on 20 March 1883, was one of the first intellectual property treaties.
The Parliament of England was the legislature of the Kingdom of England, existing from the early 13th century until 1707, when it became the Parliament of Great Britain after the political union of England and Scotland created the Kingdom of Great Britain.
In common law countries such as England, Australia and New Zealand, passing off is a common law tort which can be used to enforce unregistered trade mark rights.
A patent is a set of exclusive rights granted by a sovereign state or intergovernmental organization to an inventor or assignee for a limited period of time in exchange for detailed public disclosure of an invention.
Pepsi is a carbonated soft drink produced and manufactured by PepsiCo.
Playboy is an American men's lifestyle and entertainment magazine.
Playboy v. Netscape, 354 F.3d 1020 (9th Cir. 2004) was a case regarding trademark infringement and trademark dilution decided by the United States Court of Appeals for the Ninth Circuit.
A Playmate is a female model featured in the centerfold/gatefold of Playboy magazine as Playmate of the Month (PMOM).
Prima facie is a Latin expression meaning on its first encounter or at first sight.
Property, in the abstract, is what belongs to or with something, whether as an attribute or as a component of said thing.
Dialog is an online information service owned by ProQuest, who acquired it from Thomson Reuters in mid-2008.
The public domain consists of all the creative works to which no exclusive intellectual property rights apply.
Public policy is the principled guide to action taken by the administrative executive branches of the state with regard to a class of issues, in a manner consistent with law and institutional customs.
Quality control, or QC for short, is a process by which entities review the quality of all factors involved in production.
The registered trademark symbol (®) is a symbol that provides notice that the preceding word or symbol is a trademark or service mark that has been registered with a national trademark office.
Reputation or image of a social entity (a person, a social group, or an organization) is an opinion about that entity, typically as a result of social evaluation on a set of criteria.
Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people, according to some legal system, social convention, or ethical theory.
The Roman Empire (Imperium Rōmānum,; Koine and Medieval Greek: Βασιλεία τῶν Ῥωμαίων, tr.) was the post-Roman Republic period of the ancient Roman civilization, characterized by government headed by emperors and large territorial holdings around the Mediterranean Sea in Europe, Africa and Asia.
A rope is a group of yarns, plies, fibers or strands that are twisted or braided together into a larger and stronger form.
Samson (Shimshon, "man of the sun") was the last of the judges of the ancient Israelites mentioned in the Book of Judges in the Hebrew Bible (chapters 13 to 16) and one of the last of the leaders who "judged" Israel before the institution of the monarchy.
Secondary liability, or indirect infringement, arises when a party materially contributes to, facilitates, induces, or is otherwise responsible for directly infringing acts carried out by another party.
In economics, a service is a transaction in which no physical goods are transferred from the seller to the buyer.
A service mark or servicemark is a trademark used in the United States and several other countries to identify a service rather than a product.
The service mark symbol (℠), the letters SM in superscript style) is a symbol used in the United States to provide notice that the preceding mark is a service mark. This symbol has some legal force and is typically used for service marks not yet registered with the U.S. Patent and Trademark Office; registered service marks are instead marked with the same symbol used for registered trademarks, the registered trademark symbol ®. The proper manner to display the symbol is immediately following the mark in superscript style. The character is mapped in Unicode as. Unlike the similar trademark symbol, there is no simple way to type the service mark symbol on Microsoft Windows, but the built-in charmap application can help. In Microsoft Outlook or Word type and. On Macintosh systems, the symbol can be inserted by using the Character Palette. On Linux systems, it can be inserted by pressing, then and finally.
In semiotics, a sign is anything that communicates a meaning that is not the sign itself to the interpreter of the sign.
A sword is a bladed weapon intended for slashing or thrusting that is longer than a knife or dagger.
A symbol is a mark, sign or word that indicates, signifies, or is understood as representing an idea, object, or relationship.
A synonym is a word or phrase that means exactly or nearly the same as another word or phrase in the same language.
Tarzan (John Clayton, Viscount Greystoke) is a fictional character, an archetypal feral child raised in the African jungle by the Mangani great apes; he later experiences civilization only to largely reject it and return to the wild as a heroic adventurer.
The Tea Rose-Rectanus doctrine or remote, good-faith user doctrine is a common law rule of United States trademark law that determines the geographic scope of rights.
Lego System A/S, doing business as The Lego Group (stylised as The LEGO Group), is a Danish family-owned company based in Billund, Denmark.
The Smurfs is a Belgian comic book series created by Peyo in 1958.
A tort, in common law jurisdictions, is a civil wrong that causes a claimant to suffer loss or harm resulting in legal liability for the person who commits the tortious act.
Trade dress is a legal term of art that generally refers to characteristics of the visual appearance of a product or its packaging (or even the design of a building) that signify the source of the product to consumers.
Trade mark law of the European Union is governed by European Union law together with national law within those countries which are also member states of the European Union.
The Trade Marks Act 1994 is the law governing trade marks within the United Kingdom and the Isle of Man.
The Trade-Mark Cases,, were a set of three cases consolidated into a single appeal before the United States Supreme Court, which in 1879 ruled that the Copyright Clause of the Constitution gave Congress no power to protect or regulate trademarks.
Trademark dilution is a trademark law concept giving the owner of a famous trademark standing to forbid others from using that mark in a way that would lessen its uniqueness.
Trademark distinctiveness is an important concept in the law governing trademarks and service marks.
Trademark infringement is a violation of the exclusive rights attached to a trademark without the authorization of the trademark owner or any licensees (provided that such authorization was within the scope of the licence).
Trademark look or signature look is the characteristic clothes or other distinguishing signs used by a certain character or performer, making the person more recognizable by the audience.
The trademark symbol (™), in Unicode, \texttrademark in LaTeX, is a symbol to indicate that the preceding mark is a trademark.
A treaty is an agreement under international law entered into by actors in international law, namely sovereign states and international organizations.
The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is an international legal agreement between all the member nations of the World Trade Organization (WTO).
TT Toys Toys SRL are an Italian manufacturer of children’s pedal and electric ride on cars.
Typosquatting, also called URL hijacking, a sting site, or a fake URL, is a form of cybersquatting, and possibly brandjacking which relies on mistakes such as typos made by Internet users when inputting a website address into a web browser.
The Uniform Domain-Name Dispute-Resolution Policy (UDRP) is a process established by the Internet Corporation for Assigned Names and Numbers (ICANN) for the resolution of disputes regarding the registration of internet domain names.
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain,Usage is mixed with some organisations, including the and preferring to use Britain as shorthand for Great Britain is a sovereign country in western Europe.
The United States of America (USA), commonly known as the United States (U.S.) or America, is a federal republic composed of 50 states, a federal district, five major self-governing territories, and various possessions.
The United States Congress is the bicameral legislature of the Federal government of the United States.
The United States Patent and Trademark Office (USPTO) is an agency in the U.S. Department of Commerce that issues patents to inventors and businesses for their inventions, and trademark registration for product and intellectual property identification.
A trademark is a word, phrase, or logo that identifies the source of goods or services.
An unregistered or common law trademark is an enforceable mark created by a business or individual to signify or distinguish a product or service.
Volkswagen, shortened to VW, is a German automaker founded on 28 May 1937 by the German Labour Front under Adolf Hitler and headquartered in Wolfsburg.
A voucher is a bond of the redeemable transaction type which is worth a certain monetary value and which may be spent only for specific reasons or on specific goods.
The World Intellectual Property Organization (WIPO) is one of the 15 specialized agencies of the United Nations (UN).
The World Trade Organization (WTO) is an intergovernmental organization that regulates international trade.
World Trademark Review is a website and magazine covering the commercial and international practice of trademark law.
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