Trade Mark - Case Study Example

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This scenario discusses whether the following trademark owned by Georgio currently registered as a Class 15 trademark for the past decade can be protected from infringement and advertised in a particular way.The essay begins with an understanding of the philosophical premises behind Property rights are necessary in the understanding of the tug of war between the owners and the users of intangible information…
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Trade Mark
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This scenario discusses whether the following trademark owned by Georgio currently registered as a Class 15 trademark for the past decade can be protected from infringement and potentially "passing off" by Donald and Bernard and /or Trade Mark Infringement under section 10 of the Trade Marks Act 1994.
It is stated in the question that Georgio has traded under this trademark as world renowned producer of the finest musical instruments in the world and is currently a favourite brand with the high and mighty of tinsel town and it is also stated that his trademark is used to convey luxury. Therefore the question has been divided into two scenarios: A&B.
I have been asked to advise Georgio as to the likelihood of the actions of Barnard being construed under the law as trademark infringement as he has launched an advertising campaign on billboards aiming to sell expensive chocolate by depicting a 'Georgio' piano dripping with liquid chocolate and in which the logo is clearly visible.The Question would also like me to consider the legalities of such a scenario in the virtual world like second life.
In this part of the question I have been ...
The theoretical premise of Property rights and trademarks
An understanding of the philosophical premises behind Property rights are necessary in the understanding of the tug of war between the owners and the users of intangible information.1 Legal Commentators have often expressed their doubts as to whether these rights are actually rights or privileges as Machlup and Penrose have noted:2
" ... those who started to use the word property in connection with inventions had a very definite purpose in mind they wanted to substitute a word with a respectable connotation, 'property', for a word that had an unpleasant ring, 'privilege'."
Intellectual property as a "property" thus is an intangible category of property with boundaries that are not always clear cut and which must be actively defended by the holder against infringements. 3 Tangible property is however visible and documented, and the boundaries are more easily given than for intellectual property.4The law has developed to protect a person who holds certain intellectual property will be able to defend this property only if he/she is granted a particular right over this property. For example in relation to patents the rights are defined by the patent authorities based on what is defined in the patent claims.Like other property (tangible) one has to pay certain fees in order to have their "intellectual" property claim examined and determined and also of continuance fees paid.5
The concept of property rights thus stems from the ideas of John Locke.6Furthermore the notions of property rights developed in the 18th century as one of the core civil rights parallel to-and mutually reinforcing-the right to liberty.7However, most ...Download file to see next pagesRead More
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