...could not rely on their. trademark rights to prevent the use of bubble imagery in a. comparative advertisement by Hutchinson 3G UK Limited, as the.... trademark and comparative advertising legislation. The ECJ held that a trademark pro...
... of new economic models and of novel advertising methods. It has provided for a new economic enviro...: An Economic Assessment of the Trademark and Competition Law Interface in the European Comm...T Smith 'Googling a Trademark: A comparative look at keyword use in internet advertising' [2010...
...' product is sold under the registered trademark ActiveBatch. Network decided to advertise its prod... ActiveBatch mark in its search engine advertising, as it was not "authorized to use these marks in c... use of Systems' mark is legitimate "comparative, contextual advertising" which presents sophistica...
... of new economic models and of novel advertising methods. It has provided for a new economic enviro...: An Economic Assessment of the Trademark and Competition Law Interface in the European Comm...T Smith 'Googling a Trademark: A comparative look at keyword use in internet advertising' [2010...
Introduction. II. A Critique of Trademark Use on Descriptive Grounds. A. Interpretation of "Use in Commerce". B. Interpretation of the "In Connection With" Clause. C. Common Law Incorporation. D. Case Law Revisionism. III. A Prescriptive Critique of Trademark Use. A. Flaws in the Search Costs Justification For Trademark Use. 1. Do Non-Trademark Uses Cause Confusion?. 2. Search Engines and Search Costs: Information Overload. 3. Search Engines and Search Costs: Insufficient Regulation. 4. Prudential Concerns. 5. Incompleteness. B. False Determinacy. 1. The Development of Ancillary Use Doctrines. 2. Uncertainty in Actual Use Inquiries. 3. A Diagnosis: Use as Proxy. 4. Lessons for Trademark Use in the Infringement Context. C. Ignoring Complexities in the Concept of a Mark. D. The False A...
... with regard to online contextual advertising and affiliation merchandising. The trademark use t...law to encourage the use of comparative advertising, in the belief that such uses do not c...
... following factors: (1) the amount of advertising and publicity; (2) the geographic extent of the ma... use to engage in a news report or in comparative advertising in which another's trademark is used. ...
..." in the context of trademark laws and comparative advertising defenses means that trademark owners c...
Trademark dilution is a cause of action for interfering with the uniqueness of a trademark. Many courts have therefore been reluctant to enforce dilution laws, even while legislatures have enacted more of them over the past half century. Courts and commentators have now begun to use psychological theories, drawing on associationist models of cognition, to explain how a trademark can be harmed by the existence of similar marks even when consumers can readily distinguish the marks from one another and thus are not confused. Though the cognitive theory of dilution is internally consistent and appeals to the authority of science, it does not rest on sufficient empirical evidence to justify its adoption. In the absence of constitutional invalidation, the cognitive explanation of dilution is ...
...We live in a time of persistent advertising clutter. Brands proliferate, and advertising proli...2. The Exception for Comparative Advertising.-U.S. law gives substantially greater ...
The ever-expanding scope and strength of trademark rights has caused justifiable fears ofa threat to free expression. In response, concerned scholars generally focus on perfecting the substance of legal rules that balance free speech against other goals. This effort is misplaced because most cases raising these issues in recent years ended in judicial decisions that favored speech. The real danger arises from the procedural structure of trademark law's various "fairuse" doctrines, which generate excessive ambiguity and prolonglitigation before everreaching such positive outcomes. Resulting administrative costs discourage speakers from using trademarks expressively in the first place, creating a classic chilling effect. This Article analyzes problems with trademark fair use comprehensive...
... arise in such diverse situations as comparative advertising, parody, references in books or films,...
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