StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...
Free

Trademark Laws - Case Study Example

Comments (0) Cite this document
Summary
In Brookfield Communications v. West Coast Entertainment, the 9th Circuit Court of Appeals addressed whether trademarks could be used as metatags. The court concluded that the exact use of a trademark as a metatag was unlawful. In the instant case, the trademark was MovieBuff, owned by Brookfield, and it was duly registered with the relevant authorities…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER93% of users find it useful
Trademark Laws
Read TextPreview

Extract of sample "Trademark Laws"

Using Trademarks as Metatags Case and Holding In Brookfield Communications v. West Coast Entertainment, the 9th Circuit Court of Appeals addressed whether trademarks could be used as metatags. The court concluded that the exact use of a trademark as a metatag was unlawful. In the instant case, the trademark was MovieBuff, owned by Brookfield, and it was duly registered with the relevant authorities. West Coast used precisely the same language as a metatag.
The court applied eight factors, known as the Sleekcraft factors, in order to determine whether the public was likely to be confused. In its analysis, and crucial to its ultimate holding, the court discussed the "initial interest confusion" concept; in effect, they held that the use of a trademark in html code or a metatag would result in the person searching the internet being confused about the true source or sponsorship of the sites returned. Given this initial interest confusion, an actionable theory, the court found that the public was likely to be confused to some extent and this was enough for the court to further find that trademarks could not be used as metatags.
The ruling, however, was rather specific or limited. The facts of this case provided that the MovieBuff trademark owned by Brookfield could not be used as a metatag; however, the court mentioned several variations that would not be unlawful. First, the court noted that simply putting a space between the movie and the buff would be a lawful metatag; this would be a nearly identical use of language and protect West Coast from lawsuits. Second, the court stated that trademarks can be used descriptively in metatags and on web pages. The trademark, for instance, could be used to make comparisons or to draw contrasts. Thus, in short, the ruling was very specific in that it found the exact use of a trademark in a metatag to be unlawful while at the same time articulating a few safe harbors.
Discussion
The court's reasoning seems sound and persuasive. There is no reason for trademark law to operate differently in the electronic environment than in the print environment. If the laws are to achieve their ultimate objectives then trademark law ought to be applied uniformly in both the electronic and print contexts; to relax the standards regarding the internet generally, and metatags more specifically, would provide an incentive for individuals or businesses to intentionally mislead people. The victims would be those whom have their trademarks appropriated and those whom are mislead on the internet. In addition, the court's reasoning seems sound given the narrow scope of its holding. There was no expansive interpretation of the relevant trademark and unfair competition laws; quite the contrary, the court limited its holding to a very specific situation while at the same time setting forth situations that would be perfectly fine.
Conclusion
In the final analysis, the 9th circuit's holding protected the integrity of the trademark laws in the internet context, it prevented potential abuse through metatags, and it explained how individuals and businesses could comply with trademark law when creating metatags.
Works Cited
Brookfield Communications v. West Coast Entertainment. 174 F. 3d 1036 (9th Cir.
1999). Read More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Trademark Laws Case Study Example | Topics and Well Written Essays - 500 words”, n.d.)
Trademark Laws Case Study Example | Topics and Well Written Essays - 500 words. Retrieved from https://studentshare.org/miscellaneous/1499185-trademark-laws
(Trademark Laws Case Study Example | Topics and Well Written Essays - 500 Words)
Trademark Laws Case Study Example | Topics and Well Written Essays - 500 Words. https://studentshare.org/miscellaneous/1499185-trademark-laws.
“Trademark Laws Case Study Example | Topics and Well Written Essays - 500 Words”, n.d. https://studentshare.org/miscellaneous/1499185-trademark-laws.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Trademark Laws

Trademark Assignment

... the introduction of the registered trademark system. The definition and nature of the tort of passing off as well as the protection accorded the registration of a trademarks will best illustrate the significance of passing off since the introduction of the registered trademark system. This paper is therefore divided into two parts. The first part of this paper is committed to the definition and nature of the tort of passing off. The second part of this paper will examine the trademark registration system and will analyse how it runs parallel to the tort of passing off. I. The Tort of Passing Off A. Definition and Essential Elements of Passing Off Passing off is a common law concept created by judges. Lord Parker’s definition of passing off...
16 Pages(4000 words)Essay

Trademark laws in the United Arab Emirates

... can be cancelled at any point. This can happen even after the order has been confirmed, should such an order placement be deemed inappropriate or as an attempt to tamper with the trademark rights of the company (Coleman, 25). An indemnification is issuable to the buyer whose order has been cancelled. The trademark laws in the UAE do not just protect the logo or the trade name. They are attached to the product or services the trademark represents (Ashour, 10). Some example of trademark laws include such laws as prohibits any mark that violates public morals. Symbols of a pure religious nature are also prohibited from being applied as trademarks (Smith, 8). Such laws are relevant and appropriate to preserve the morals of the society, while...
3 Pages(750 words)Research Paper

Trademark Act

..."Given that the function of trademarks is to operate as an indication of origin, there is no justification for the law giving a trademark proprietor the right to prevent the parallel importation of its own trademarked goods." Trademark law in the UK is governed by the Trademark Act 1994 (TA), it has concisely defined what a trademark is, what can gain the status of a trademark and the protections afforded to a trademark. One may ask how a trademark falls under the ambit of Intellectual Property because it deals with tangible and marketable products that may be everyday items, i.e. not original concepts or ideas. The answer is that the trademark itself is the protected concept because it distinguishes the goods of one producer from another...
5 Pages(1250 words)Essay

Trademark

... it be because McDonlad's also supports Special Olympics and it was seemingly free advertising for them. Now, $5,000 of that money has gone to pay lawyers to support the little dogs point of view (fight). McClusky says she can't understand when one company can infringe on the rights one's sir name gives them and will continue this fight in the courts, however, she wants this money to go to charity and not to lawyers. McDonald's says they have the legal mandate to protect their trademark and that trademark means anything that starts with Mc. Well, how can that be, McClusky says does that mean because her name is a Mc name that she does not need a separate trademark as she is already part of the Mc names Surely they cannot force her...
2 Pages(500 words)Case Study

Trademark Dilution

As a result brand identity is an important part of the company. There comes a time however, when newer companies secure trademarks that are almost identical to those that are already more established. Think of a scenario for instance where two or more schools share the same uniform. This interference with trademarks can be called by different names but the most relevant to the topic we are about to discuss is dilution.
Dilution was the subject if great controversy at the time of its founding. The idea is that there are large companies that wish to protect their already established trademarks. Therefore the best thing for them is to support the passing of dilution clauses into law to deny newer entrants the opportunity to try a...
6 Pages(1500 words)Assignment

Trademark Dilution

...Trademark Dilution Tanatcha Sukkasem Intellectual Property Right Dr.Lhingling Wei 29 March Trademark Dilution Dilution was the subject if great controversy at the time of its founding. The idea is that there are large companies that wish to protect their already established trademarks. Therefore the best thing for them is to support the passing of dilution clauses into law to deny newer entrants the opportunity to try and make money from establishing their trademarks along the standards already set by the established brands. This paper shall seek to study the history and current state of trademark dilution. There shall be case studies that are analyzed so as to show how trademark dilution has evolved through rulings and also legislation...
4 Pages(1000 words)Coursework

Trademark Dilution

... indirectly comparative in the sense that it relates to another firm’s product’. This is a baffling statistic. It is easy to resign and say that dilution seems like a necessary part of successful advertising. But several countries are trying to sift through this mess so as to re-define the meaning of dilution even in this challenging context. The E.U seems to have led the way with a demarcation of advertising into misleading advertisisng and comparative advertisisng (Hackner, J. & Muren, A., 2004). There is the economic angle that is challenging to deal with. Without such laws, there will be rampant dilution which shall eventually in the companies that spend the most on product research stopping to do so but insead seeking to improve...
4 Pages(1000 words)Coursework

Trademark Dilution

Trademark Dilution Tanatcha Sukkasem Intellectual Property Right Dr.Lhingling Wei 29 March
Trademark Dilution
Trade mark dilution refers to the loss of uniqueness of a trade mark through its duplication by the competitors in the market place. To make out a case of dilution, the owner of the original trade mark must establish the uniqueness of his trade mark reputed for its product or service among the purchasing public or consumers. For example, Kodak is a trade mark of repute in the field of photography just as Rolls-Royce in automobiles and Coca-Cola in soft drinks. Reputation need not be as high as international to qualify for being reputed. Reputation is relative to the market in which the trademark is in use subject...
2 Pages(500 words)Essay

Trademark

Trademark A trademark is a symbol or word that is legally established and registered as a representation of a company or products.A trademark’s basics should entail a proper framework based on both the producers and consumers’ rights in the markets. Trademarks, patents, copyrights domain names and business names usually differ, and this exposes consumers to significant risks of fraudulent and deception cases (Ferrera, 2012). Therefore, advocating for dissatisfied consumers’ rights to establish gripe sties that use the trademarks of the offending companies in the domain name is necessary. Identifying trademark-offending companies is not an easier task. This is because it can only be done by technologically advanced modes of compari...
1 Pages(250 words)Assignment

Trademark

A trademark is a mark that represents the distinction of certain goods in terms of the brand name, logo, label and many more. This mark helps in differentiating a trader’s commodities and services from those of others in a place. The right of this trademark is granted in terms of its logo, smell and taste among others. This mark is what any trader requires to own exclusive rights in commercially making use of goods and services that are under it. This also licenses the traders to engage in the various sectors of business that are involved in the mark. Without this, anyone carrying out business activities in the nation is considered a criminal and can be detained. To prove their business legal therefore, one may require this tradem...
5 Pages(1250 words)Assignment

Conflict of Laws

While Community law is likely to prevail since all the locations are within Europe, there is however the question of which Court will bet be able to try the issues involved in the respective cases that each of the four parties will be able to file, i.e, Homecraft against the supplier of parts in Italy and assembler of parts for the saws and the Switzerland company that has tested the drill bits as well as the company in Norway that manufactures the bits. In the case of Homecraft, the cause of action that will arise is that of breach of contract through the supply of defensive merchandise.
In the case of Jack, there is a claim that arises in tort because he has suffered harm as a result of the defective parts in the saw and he...
11 Pages(2750 words)Case Study

The UK Contract Laws and Consent of the Contracting Parties

There is no acceptance yet by Betty as far as Andrew’s offer to sell the car is concerned on November 3, before Andrew sold the car to Colin; hence his offer to sell to Betty who was deemed to be accepted on November 5 was not perfected as of November 3 when Andrew made the sale. This answer is based on English law which adopts the theory that “a contract is not formed unless the acceptance corresponds exactly to the terms of the offer.” (Vergne, François, n.d.). Calling the same as "mirror image rule", it argued that “an acceptance which is not in conformity with the offeror's terms is considered as a rejection of the offer” (Vergne, n.d.) citing (Tinn v. Hoffman & Co., 1873). Because of t...
9 Pages(2250 words)Assignment

The United Nations Commission on International Trade Laws

...The United Nations Commission on International Trade Laws Introduction and Man UNCITRAL—The United Nations Commission on International Trade Laws (UNCITRAL) was conceptualised by the General Assembly of the United Nations in order to facilitate the international trade, remove hindrances, and facilitate trade relations between member states. Today UNCITRAL is the core legal body dealing in international trade of the United Nations. The view nurtured by a large part of international community that international trade helps in promotion of friendly ties, peace and security led to the formation of UNCITRAL. (Patnaik and Lala, 2006). According to Patnaik and Lala(2006) prior to the formation of UNCITRAL there existed no United Nations agency...
13 Pages(3250 words)Assignment

Inflexible Labour Laws

Differing economic, cultural and political circumstances abroad also suggest the need for a better understanding of employees with a broad context is important. Fortunately, the ability to study the implications of policies on economic growth abroad is expanding rapidly as a result of the emergence of global private equity markets and micro finance. International entrepreneur ship spans cultural boundaries and involves a variety of stakeholders, including the entrepreneur, investors and policy makers (Asel, 2003). “Social considerations must be given the same status as economic, financial and environmental concerns in a holistic approach. It is time for global thinking and local action. The implementation of the Core Labour...
9 Pages(2250 words)Case Study

Australian Corporate Insolvency Laws

...Australian Corporate Insolvency Laws Introduction Corporate Insolvency provisions are certainly one of the most important components of Australia’s Corporation’s act and are certainly one of the most important frameworks that govern the country’s corporate sector. In this context, the effectiveness of the insolvency regulations and the processes involved in the framework are indispensable for ensuring the well function of Australia’s business sector and economy. Further, they are a primary means of ensuring discipline and proper resource allocation within the corporate sector. Insolvency laws have also helped enhance the level of corporate governance and are a reference point for corporate ethics. They facilitate creditors of private...
7 Pages(1750 words)Assignment

Discrimination in UK Employment Laws

...Discrimination in UK Employment Laws Advise the parties as to their rights and obligations under current law: Companies, especially public serviceindustries like catering or airline companies may be given a greater degree of freedom to choose their own rules and regulations, which they could enforce equally and without any degree of bias throughout the organization without contravening the provisions of the UK “Employment Act 2002.” (Employment Act 2002). However, it is now necessary to consider each of these situations separately. (i). Patrick’s Case: There are no laws forbidding companies from enforcing a corporate Code of Conduct and thus Patrick’s stand that he is being discriminated with regard to the laws specifically targeted...
6 Pages(1500 words)Assignment

The Conflict of Laws

... The Conflict of Laws Nationality means a person’s allegiance to a particular as a citizen or as a member of that state. Apart from stateless persons, everyone is the subject of some state to which they owe political allegiance and loyalty, for which they should be called upon to fight, pay taxes and support, and from which they may expect protection. These are broad general statements only. For instance, although we say that all persons must be national subjects of some state or other, it is true that due to upheavals of war there are some unfortunate stateless persons who have been disowned by or expelled from, their country of birth and origin (Barker and Padfied, p 75). Nationality is of great importance in fostering freedom...
6 Pages(1500 words)Term Paper

Should Gun Control Laws Be More Strict in the United States

... Gun Control Within the profession of Criminology, gun control is a significant research problem. The three topics addressing this research problem include gun control and its effects, gun related crimes, and gun control laws in United States of America. Gun Control and Its Impact Gun control varies from one country to another and from one state to another. In many countries including the U.S, the government allows citizens to acquire and carry guns subject to certain restrictions. The U.S has moderate gun control laws that vary across different states. There have been numerous debates on gun control with some arguing that gun control laws reduces the potential hazards of increased gun ownership while others argue that stringent gun...
7 Pages(1750 words)Literature review

The Qatari In Indy Club Constitution and By-laws

...The Qatari In Indy (QIN) Constitution and By-laws Article I. The Qatari in Indy Club Qatari In Indy (QIN) shall be an official club that represents the Qatari students in the state of Indiana. QIN shall include students in the cities of Indianapolis, Bloomington and Terre Haute. Qatari In Indy is the official club of Qatari in Indiana, USA. It is a part of the Qatari Student Association in the USA, but does not represent the entire USA student population. Article II. Purpose, Mission and Goal The purpose of the Qatari In Indy (QIN) of Indiana, USA shall be: 1. To promote the Qatari culture to the students. 2. To help both new and current Qatari students with familiarization of the city and its services. 3. To organize events...
6 Pages(1500 words)Assignment

Women and Driving Laws in the Kingdom of Saudi Arabia

... Corse Women and Driving Laws in the Kingdom of Saudi Arabia. The Kingdom of Saudi Arabia as compared to its neighboring still lags behind in terms of the woman’s rights. According to the World Economic Forum report of 2013, the kingdom is ranked at number 127 out of 136 nations when it comes to gender parity issues. Saudi’s women of all age groups must are assigned male guardian and it is the only nation the world over that continues to proscribe women from driving. some improvements have been in the kingdom when it comes to the rights of the woman i.e. in 2015 they will be able cast their votes, run for elective positions and even get appointed to national bodies such as the Consultative Assembly. However, the ban on driving has...
7 Pages(1750 words)Assignment
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Case Study on topic Trademark Laws for FREE!

Contact Us