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Counteraction Principle
The counteraction principle or counteraction theory is a legal principle which relates to the use of intellectual property where two marks are phonetically similar and where such a situation could lead to public confusion between brands. Relevant issues Holders of trademarks are able to contest the registration of similar trademarks on multiple grounds; one of which is public confusion. On the basis of public confusion, the counteraction principle (in essence) will not hinder companies using trademarks which are similar to those of famous marks. This is because most famous marks are likely to be easily identifiable, and therefore not likely to lead to confusion from the general public. Relevant cases Ruiz-Picasso and Others v OHIM In Ruiz-Picasso and Others v OHIM 006ECR I-643, the estate of Pablo Picasso argued that Daimler Chrysler infringed upon the Picasso trademark when it licensed PSA Peugeot Citroën to use the trademark Picaro on one its models. The estate argued that the tr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Intellectual Property
Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, copyrights, trademarks, and trade secrets. The modern concept of intellectual property developed in England in the 17th and 18th centuries. The term "intellectual property" began to be used in the 19th century, though it was not until the late 20th century that intellectual property became commonplace in the majority of the world's legal systems."property as a common descriptor of the field probably traces to the foundation of the World Intellectual Property Organization (WIPO) by the United Nations." in Mark A. Lemley''Property, Intellectual Property, and Free Riding'', Texas Law Review, 2005, Vol. 83:1031, page 1033, footnote 4. The main purpose of intellectual property law is to encourage the creation of a wide variety of intellectual go ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trademarks
A trademark (also written trade mark or trade-mark) is a type of intellectual property consisting of a recognizable sign, design, or expression that identifies products or services from a particular source and distinguishes them from others. The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. Trademarks used to identify services are sometimes called service marks. The first legislative act concerning trademarks was passed in 1266 under the reign of Henry III of England, requiring all bakers to use a distinctive mark for the bread they sold. The first modern trademark laws emerged in the late 19th century. In France, the first comprehensive trademark system in the world was passed into law in 1857. The Trade Marks Act 1938 of the United Kingdom changed the system, permitting registration based on "intent-to-use", creating an examination based process, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pablo Picasso
Pablo Ruiz Picasso (25 October 1881 – 8 April 1973) was a Spanish painter, sculptor, printmaker, ceramicist and Scenic design, theatre designer who spent most of his adult life in France. One of the most influential artists of the 20th century, he is known for co-founding the Cubist movement, the invention of Assemblage (art), constructed sculpture, the co-invention of collage, and for the wide variety of styles that he helped develop and explore. Among his most famous works are the Proto-Cubism, proto-Cubist ''Les Demoiselles d'Avignon'' (1907), and the anti-war painting ''Guernica (Picasso), Guernica'' (1937), Guernica (Picasso)#Composition, a dramatic portrayal of the bombing of Guernica by German and Italian air forces during the Spanish Civil War. Picasso demonstrated extraordinary artistic talent in his early years, painting in a naturalistic manner through his childhood and adolescence. During the first decade of the 20th century, his style changed as he experimente ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Daimler Chrysler
The Mercedes-Benz Group AG (previously named Daimler-Benz, DaimlerChrysler and Daimler) is a German multinational automotive corporation headquartered in Stuttgart, Baden-Württemberg, Germany. It is one of the world's leading car manufacturers. Daimler-Benz was formed with the merger of Benz & Cie. and Daimler Motoren Gesellschaft in 1926. The company was renamed DaimlerChrysler upon acquiring the American automobile manufacturer Chrysler Corporation in 1998, and was again renamed Daimler AG upon divestment of Chrysler in 2007. In 2021, Daimler AG was the second-largest German automaker and the sixth-largest worldwide by production. In February 2022, Daimler was renamed Mercedes-Benz Group. The Mercedes-Benz Group's marques are Mercedes-Benz for cars and vans (including Mercedes-AMG and Mercedes-Maybach) and Smart. It has shares in other vehicle manufactures such as Daimler Truck, Denza, BAIC Motor and Aston Martin. By unit sales, the Mercedes-Benz Group is the thirteent ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
PSA Peugeot Citroën
The PSA Group (), legally known as Peugeot S.A. (Peugeot Société Anonyme, trading as Groupe PSA; formerly known as PSA Peugeot Citroën from 1991 to 2016) was a French multinational automotive manufacturing company which produced automobiles and motorcycles under the Peugeot, Citroën, DS, Opel and Vauxhall brands. On 18 December 2019, PSA and Fiat Chrysler Automobiles (FCA) announced that they had agreed to the terms of a binding $50 billion merger. On 16 July 2020, both companies announced the new name for their merged operations, Stellantis. The deal closed on 16 January 2021. Stellantis is now the third largest automotive manufacturing company, behind only Volkswagen and Toyota. Peugeot was the largest PSA brand. PSA was listed on the Euronext Paris stock exchange and was a constituent of the CAC 40 index. Beginning in 2016, PSA began to outline a strategy which entailed the rapid expansion of the company, through both geographic expansion and acquisitions of other car ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Court Of Justice
The European Court of Justice (ECJ, french: Cour de Justice européenne), formally just the Court of Justice, is the supreme court of the European Union in matters of European Union law. As a part of the Court of Justice of the European Union, it is tasked with interpreting EU law and ensuring its uniform application across all EU member states under Article 263 of the Treaty of the Functioning of the European Union (TFEU). The Court was established in 1952, and is based in Luxembourg. It is composed of one judge per member state – currently – although it normally hears cases in panels of three, five or fifteen judges. The Court has been led by president Koen Lenaerts since 2015. The ECJ is the highest court of the European Union in matters of Union law, but not national law. It is not possible to appeal against the decisions of national courts in the ECJ, but rather national courts refer questions of EU law to the ECJ. However, it is ultimately for the national c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Community Trade Mark
A European Union trade mark or EU trade mark (abbreviated EUTM; named ''Community Trade Mark'' (''CTM'') until 23 March 2016) is a trade mark which is pending registration or has been registered in the European Union as a whole (rather than on a national level within the EU). The EU trade mark system creates a unified trade mark registration system in Europe, whereby one registration provides protection in all member states of the EU. The EU trade mark system is ''unitary'' in character. Thus, an objection against an EU trade mark application in any member state can defeat the entire application, an EU trade mark registration is enforceable in all member states. The EU trade mark system is administered by the European Union Intellectual Property Office (EUIPO), which is located in Alicante, Spain (see also trade mark law of the European Union). Characteristics The EU trade mark gives its proprietor a uniform right applicable in all member states of the European Union on the s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Obelix
Obelix (; french: Obélix) is a cartoon character in the French comic book series ''Asterix''. He works as a menhir sculptor and deliveryman, and is Asterix's best friend. Obelix is noted for his obesity, the menhirs he carries around on his back and his superhuman strength. He fell into a cauldron of the Gauls' magic potion when he was a baby, causing him to be the only Gaul in Asterix's village who is in a permanent state of superhuman strength. Because of this already enormous strength, Obelix is not allowed to drink the magic potion ever again, a ban he regards as being tremendously unfair. Other characteristics are his simplemindedness, his love and care for his dog Dogmatix, his anger when someone refers to him as being ''"fat"'', his enthusiasm for hunting and eating wild boars, and beating up Romans. His catchphrase is: ''"Ils sont fous ces romains"'', which translates into "These Romans are crazy!", although he considers nearly every other nationality, even other Gauls, t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
OHIM Board Of Appeal
The European Union Intellectual Property Office (EUIPO; french: links=no, Office de l'Union européenne pour la propriété intellectuelle), founded in 1994, is the European Union Agency responsible for the registration of the European Union trade mark (EUTM) (formerly known as "community trade mark") and the registered Community design (RCD), two unitary intellectual property rights valid across the 27 Member States of the EU. Every year, it registers an average of 135 000 EU trade marks and close to 100 000 designs. The EUIPO is also responsible for maintaining an Orphan Works Registry. Registered works have certain permitted acts under the Orphan Works Directive. The EUIPO is based in Alicante, on the south-east coast of Spain, and there are five working languages at the Office – English, French, German, Italian and Spanish. The office also processes trade mark and design applications in 23 official languages of the EU. EUIPO was formerly known as the Office for Harmonizati ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
General Court (European Union)
The General Court, informally known as the European General Court (EGC), is a constituent court of the Court of Justice of the European Union. It hears actions taken against the institutions of the European Union by individuals and member states, although certain matters are reserved for the European Court of Justice. Decisions of the General Court can be appealed to the Court of Justice, but only on a point of law. Prior to the coming into force of the Lisbon Treaty on 1 December 2009, it was known as the Court of First Instance. Competence The General Court hears disputes (such as those by persons who have been refused a trade mark by EUIPO, the EU Trade Mark and designs registry). The creation of the General Court instituted a judicial system based on two levels of jurisdiction: all cases heard at first instance by the General Court may be subject to a right of appeal to the Court of Justice on points of law only. In view of the increasing number of cases brought before ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Confusing Similarity
In trademark law, confusing similarity is a test used during the examination process to determine whether a trademark conflicts with another, earlier mark, and also in trademark infringement proceedings to determine whether the use of a mark infringes a registered trademark. In many jurisdictions this test has been superseded by the concepts of similarity and likelihood of confusion, due to the harmonizing effects of the Agreement on Trade-Related Aspects of Intellectual Property Rights. Infringement Where mark X is not identical to a registered trademark, the use of mark X may still amount to an infringement if it is "confusingly similar" to the registered trademark. Mark X may share elements of spelling or style that would lead a reasonable observer to believe the trademarks were related. For example, in the computer industry, Microsoft has become such a well known trade name and trade mark that other businesses in the industry may want to use the term "micro" or "soft" in the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
