In today’s society, it is not difficult to fathom why an organization may place trademarks upon their designs or expressions. Such safety measures allow a company to ensure that others do not replicate their personality profile for commercial purposes, sanctioning for the delineation between organizations (Wensley and Caraway, 2014). A trial between Salam Toronto Publications v. Salam Toronto Inc. exemplified the lack of discrepancy between two companies and was investigated to detect trademark infringement. This lawsuit took place in Toronto, Ontario on Sept. 29, 2008, and lasted until Jan. 9th, 2009 (Salam Toronto Publications v. Salam Toronto Inc., 2009). The plaintiff, Salam Toronto Publications, administered by Mohsen Seyed Taghavi, was an Urdu/Farsi newspaper that had been operating since October 2000, printing issues pertaining to the Iranian population (Salam Toronto Publications v. Salam Toronto Inc., 2009). Mr. Taghavi indicated to the Court of Law that Salam Toronto Publications was registered on January 5th 2001 and "Salam Toronto” was trademarked, sanctioning for prima facie evidence of ownership (Salam Toronto Publications v. Salam Toronto Inc., 2009)(Wensley and Caraway, 2014). The plaintiff issued a trademark infringement following the depreciation of goodwill and breach of sections 7(b), 19, 20, and 22 of Canada's Trademark Act, and passing off (Salam Toronto Publications v. Salam Toronto Inc., 2009). The utmost deliberated section of the Trademark Act was section 20, which detailed that a trademark was violated only if it was used in “association with a confusing trade name” (Salam Toronto Publications v. Salam Toronto Inc., 2009). It was reported within the litigation that the defendant, Salam Toronto Immigratio...
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...not considered violated (Salam Toronto Publications v. Salam Toronto Inc., 2009). Moreover, trademark dilution was disparaged since “Salam Toronto” was considered a non-famous mark and involved little likelihood of confusion if services were in unrelated markets, which is what this particular lawsuit encompassed (Wensley and Caraway, 2014)("Trademark dilution"). Upon examination of all of this, the court decreed that there was no infringement and the litigation was dismissed.
Salam Toronto Publications v. Salam Toronto Inc., 2009 FC 24 (CanLII), retrieved on 02.15.14
"Trademark dilution." Wikipedia. N.p., 2 Jan 2014. Web. 15 Feb 2014.
Wensley, Anthony. Caraway, Brett. “Trademark Lecture Slides” CCT206H5S.
University of Toronto Mississauga. 6, Feb. 2014. Lecture PowerPoint.
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v. VIP Prods., LLC 666 F. Supp. 2d 974 (Mo., 2008) Anheuser-Busch makes a distinction between confusing and non-confusing parodies, the latter being protected as a parody. The important factors in the case were that the price point of the products was the same, they were directly competing goods and the survey showed that there was a level of confusion (30.3% were confused), in addition, consideration was placed on irreparable harm caused by the defendants use of the mark, the priority lay with the first to register the trademark, lastly the District Court considered public interest, i.e. whether the public was deceived. Similarly in Starbucks Corp v. Wolfe’s Borough Coffee Inc., 588 F3d 97 (2d Cir. 2007) the court distinguished Louis Vuitton S.A. v Haute Diggty Dog, LLC, 507 F.3d 252 (4th Cir. 2007) by holding that if (as in the Louis Vuitton case), the mark is used in non-competing goods, the defendant conveyed that it was not the source of the plaintiffs product and if the actual use of the mark does not impair the distinctiveness of the plaintiff’s mark there may be an argument in favor of the defendant, however, if the defendant’s humor is not conveyed to the public, and does not increase the public identification of the plaintiff’s mark with its mark it will fail to establish
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Businesses filing the claim must also show that the business use of the trademark is expected to cause uncertainty as to the association, relationship or the affiliation among them. To establish a violation of the Lanham Act for either a registered mark under 15 U.S.C. § 1114, or an unregistered mark under 15 U.S.C. § 1125(a), the plaintiff must demonstrate that (1) it has a valid and legally protectable mark; (2) it owns the mark; and (3) the defendant's use of the mark to identify goods or services causes a likelihood of confusion.( A&H Sportswear, Inc. v. Victoria's Secret Stores, Inc., 237 F.3d 198 (3rd Cir.
The articles, the right to effective education and the right to effective behavioral treatment, are two articles that educators, behavior analyst, and other professionals who are responsible for the education of children with disabilities should be familiar with. These articles can be used as a guideline to make sure learners rights are being met, and if relevant, are acting in accordance with BACB guidelines. The purpose of this assignment is to analyze the aforementioned articles, and draw connections to a present learner and their educational experience.
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A trademark is most often known as a symbol, word, or phrase that is used in commerce to distinguish a particular seller’s wares from that of another ("Trade-marks Act")( Wensley & Caraway). The protection of trademarks within the Canadian trademark law is not only emphasized within the Trade-marks Act, but also decreed under common law, similarly known as the rulings dictated by federal judiciaries ("Canadian trademark law"). This implies that trademarks can either be registered under the Act, or safeguarded by a common law action called “passing off.” Passing off is a crucial mean of protecting a registered trademark through section 7(b) and 7(c) of the Act that deliberates the tort of such a regulation ("Canadian trademark law"). Both statutes ensure the protection of not only trademarks but also certification marks, distinctive marks, proposed marks, service marks, and distinguishing guises against perpetrators who either defraud the goodwill of these marks or generate confusion in relation to it. For a plaintiff to prove that trademark infringement has occurred, he/she needs to illustrate either the existence of goodwill within the market area, that the defendant’s use of mark or trade name exemplified the misrepresentation of wares, or that such falsification caused harm to the organization ("Canadian trademark law"). The owner of the trademark has an advantage through Section 19, 20, and 22 of the Act, which sanction for the exclusive rights to the mark throughout Canada in relevance to the products and services it was generated for, prohibiting the distribution of wares in association with a confusing trademark by unapproved individuals, and/or obstructing non-owners from using the mark in a manner that may result in the v...
In the absence of registered trade mark rights, case law suggests as a general principle, that mere similarity of goods is not enough for an actionable wrong to occur. Passing off derives from the common law action deceit which is the civil action for fraudulent misrepresentation. Passing off is a non-statutory cause of action that has developed over the years through case law and has changed considerably overtime. Passing off came into existence long before trademarks became registerable and has always been available at common law for marks refused registration, not registered or ineligible for
Over the years, many companies such as scrabble, Tylenol, Channel, Louis Vuitton and even Polo Ralph Lauren (PRL) Corporation have had to fight to protect their intellectual property. By looking more specifically into Polo Ralph Lauren, a fashion company that offers a range of products from clothing to home furnishings, this paper will explore trademark laws and how these laws could be advantageous one hand and limit one group and limit business abilities on another.
In brief, Canada’s history with trademarks can be traced back to pre-confederation in 1860, whereby the legislative council and Assembly of Canada adopted An Act Respecting Trademarks. Thereafter, the Trade-marks Act which is still in use today was enacted in 1953. Since that time, however, only minor changes have occurred within this Act. For instance, in 2005, the Canadian Intellectual Property Office (CIPO) wanted to modernize the Trade-marks Act. This included, but was not limited to changes to the regulation of non-traditional trademarks. This very brief historical overview shows Canada’s reluctance to make radical changes to the area of trademark law. This in turn creates a disadvantage for potential trade mark owners in Canada, as the law is not as comprehensive to cover areas such as non-traditional signs. Markets are constantly changing and with the innovations in technology, companies need these new and innovative ways to distinguish themselves in new ways to stay current in the marketplace and attract customers. Therefore with Canada’s stagnation in making changes in the law to in recognition of globalization and technological innovations, it puts Canadian companies at a disadvantage. However, with the passing of Bill C-35 it can be argued that slowly but surely, Canada will be on par with other jurisdictions around the world. This will shown by analyzing the current trademark law in the EU and US.
Upon registering a trademark, the mark is in fact established. This process is essential in granting the owner the exclusive right to using the trademark, i.e. the right to prevent all third parties who do not have the owner’s consent in using the trademark within the course of trade. Establishing and registering trademarks has several purposes. Firstly, it helps consumers in differentiating between inferior, counterfeit goods and services that appear to originate from the original merchant. This prevents them from deception. Secondly, trademarks protect the owner’s investment in reputation and therefore protect the businesses with which they are associated with (________________________). Once they are registered, trademarks are valid for ten years from date of applic...