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Seattle Seahawks Wordmark
A wordmark, word mark, or logotype is usually a distinct text-only typographic treatment of the name of a company, institution, or product name used for purposes of identification and branding. Examples can be found in the graphic identities of the Government of Canada, FedEx, Microsoft, and IBM. The organization name is incorporated as a simple graphic treatment to create a clear, visually memorable identity. The representation of the word becomes a visual symbol of the organization or product. In the United States
United States
and European Union,[2] a wordmark may be registered, making it a protected intellectual property. In the United States, the term wordmark may refer not only to the graphical representation, but the text itself may be a type of trademark.[3] In most cases, wordmarks cannot be copyrighted, as they do not reach the threshold of originality. The wordmark is one of several different types of logos,[4] and is among the most common
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Word Mark (computer Hardware)
In computer hardware, a word mark, record mark[citation needed], or flag is a bit in each memory location on some variable word length computers (e.g., IBM 1401, 1410, 1620) used to mark the end of a word.[1] Sometimes the actual bit used as a word mark on a given machine is not called word mark, but has a different name (e.g., flag on the IBM 1620, because on this machine it is multipurpose).[2] The term word mark should not be confused with group mark or with record mark, which are distinct characters. References[edit]^ IBM (April 1962). IBM 1401
IBM 1401
Data Processing System: Reference Manual (PDF). p. 20
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Madrid Protocol
The Madrid system
Madrid system
(officially the Madrid system
Madrid system
for the international registration of marks) is the primary international system for facilitating the registration of trademarks in multiple jurisdictions around the world. Its legal basis is the multilateral treaty Madrid Agreement Concerning the International Registration of Marks of 1981, as well as the Protocol Relating to the Madrid Agreement
Madrid Agreement
(1989). The Madrid system
Madrid system
provides a centrally administered system of obtaining a bundle of trademark registrations in separate jurisdictions
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Tea Rose – Rectanus Doctrine
The Tea Rose-Rectanus doctrine or remote, good-faith user doctrine[1] is a common law rule of United States trademark law
United States trademark law
that determines the geographic scope of rights. The doctrine allows a junior user of a mark that is geographically remote from the senior user of the mark to establish priority over a senior user's claim to the mark in the junior user's area.[2] The constructive use and notice sections of the Lanham Act limited the applicability of this doctrine.[3] Overview[edit] The doctrine is named for two early twentieth-century United States Supreme Court cases, Hanover Star Milling Co. v. Metcalf,[4] (the "Tea Rose" case), and United Drug Co. v. Theodore Rectanus Co..[5] The Ninth Circuit Court of Appeals in the case of Grupo Gigante SA De CV v
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Fair Use (U.S. Trademark Law)
In the United States, trademark law includes a fair use defense, sometimes called "trademark fair use" to distinguish it from the better-known fair use doctrine in copyright. Fair use
Fair use
of trademarks is more limited than that which exists in the context of copyright. Many trademarks are adapted from words or symbols that are common to the culture, as Apple, Inc.
Apple, Inc.
using a trademark that is based upon the apple. Other trademarks are invented by the mark owner (such as Kodak) and have no common use until introduced by the owner. Courts have recognized that ownership of a trademark or service mark cannot be used to prevent others from using the word or symbol in accord with its plain and ordinary meaning, such as if the trademark is a descriptive word or common symbol such as a pine tree
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Secondary Liability
Secondary liability, or indirect infringement, arises when a party materially contributes to, facilitates, induces, or is otherwise responsible for directly infringing acts carried out by another party. The US has statutorily codified secondary liability rules for trademarks and patents, but for matters relating to copyright, this has solely been a product of case law developments. In other words, courts, rather than Congress, have been the primary developers of theories and policies concerning secondary liability.Contents1 Early case law 2 Kinds of secondary liability2.1 Vicarious liability 2.2 Contributory liability3 Liability of internet service providers (ISPs) 4 Secondary liability in the future? 5 See also 6 References 7 External linksEarly case law[edit] Secondary liability in copyright has come about with case-by-case decisions. In other words, there has not been any real or consolidated theory
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Nominative Use
Nominative use, also "nominative fair use", is a legal doctrine that provides an affirmative defense to trademark infringement as enunciated by the United States
United States
Ninth Circuit,[1] by which a person may use the trademark of another as a reference to describe the other product, or to compare it to their own. Nominative use may be considered to be either related to, or a type of "trademark fair use" (sometimes called "classic fair use" or "statutory fair use"). All "trademark fair use" doctrines, however classified, are distinct from the fair use doctrine in copyright law. However, the fair use of a trademark may be protected under copyright laws depending on the complexity or creativity of the mark as a design logo.[2] The nominative use test essentially states that one party may use or refer to the trademark of another if:The product or service cannot be readily identified without using the trademark (e.g
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Disparagement
Disparagement, in United States
United States
trademark law, is a statutory cause of action that permits a party to petition the Trademark
Trademark
Trial and Appeal Board (TTAB) of the Patent and
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Reputation Parasitism
Reputation parasitism, reputation leeching or credibility leeching is a legal term regarding marketing. It refers to when one advertiser uses another brand's good reputation to market his own product.[1] In many places it is illegal to do so. For instance in Sweden
Sweden
it is outlawed according to Marknadsföringslagen ("Swedish Marketing
Marketing
Act") (1995:450). Examples include having a product in a design that is very similar to an existing product[2] or using a similar name.[3] References[edit]^ Affärsvärlden: Renommésnyltning och vilseledande påståenden i marknadsföring av spel ^ MD 2005:13 ^ SMH: Versace puts stopper in local wine of same nameThis law-related article is a stub
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Cybersquatting
Cybersquatting (also known as domain squatting), according to the United States
United States
federal law known as the Anticybersquatting Consumer Protection Act, is registering, trafficking in, or using an Internet domain name with bad faith intent to profit from the goodwill of a trademark belonging to someone else
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Parallel Import
A parallel import is a non-counterfeit product imported from another country without the permission of the intellectual property owner. Parallel imports are often referred to as grey product and are implicated in issues of international trade, and intellectual property.[1] Parallel importing is based on concept of exhaustion of intellectual property rights: according to this concept, when the product is first launched on the market in a particular jurisdiction, parallel importation is authorized to all residents in the state in question. Some countries allow it but others do not.[2] Parallel importing of pharmaceuticals reduces price of pharmaceuticals by introducing competition; TRIPS agreement
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Paris Convention For The Protection Of Industrial Property
The Paris
Paris
Convention for the Protection of Industrial Property, signed in Paris, France, on 20 March 1883, was one of the first intellectual property treaties. It established a Union for the protection of industrial property. The Convention is currently still in force. The substantive provisions of the Convention fall into three main categories: national treatment, priority right and common rules.[1]Contents1 Contents1.1 National treatment 1.2 Priority right 1.3 Temporary protection for goods shown at some international exhibitions 1.4 Mutual independence of patents and trademarks in the different Countries of the Union2 History 3 Contracting parties3.1 Former contracting parties4 Administration 5 See also 6 References 7 Further reading 8 External linksContents[edit]This section needs additional citations for verification
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Madrid Agreement
The Madrid system
Madrid system
(officially the Madrid system
Madrid system
for the international registration of marks) is the primary international system for facilitating the registration of trademarks in multiple jurisdictions around the world. Its legal basis is the multilateral treaty Madrid Agreement Concerning the International Registration of Marks of 1981, as well as the Protocol Relating to the Madrid Agreement
Madrid Agreement
(1989). The Madrid system
Madrid system
provides a centrally administered system of obtaining a bundle of trademark registrations in separate jurisdictions
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Agreement On Trade-Related Aspects Of Intellectual Property Rights
The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is an international legal agreement between all the member nations of the World Trade Organization
World Trade Organization
(WTO). It sets down minimum standards for the regulation by national governments of many forms of intellectual property (IP) as applied to nationals of other WTO member nations.[3] TRIPS was negotiated at the end of the Uruguay Round of the General Agreement on Tariffs and Trade
General Agreement on Tariffs and Trade
(GATT) in 1994 and is administered by the WTO. The TRIPS agreement introduced intellectual property law into the international trading system for the first time and remains the most comprehensive international agreement on intellectual property to date
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Functionality Doctrine
In United States trademark law, the functionality doctrine prevents manufacturers from protecting specific features of a product by means of trademark law.[1] There are two branches of the functionality doctrine: utilitarian functionality and aesthetic functionality. The rationale behind functionality doctrine is that product markets would not be truly competitive if newcomers could not make a product with a feature that consumers demand. Utilitarian functionality provides grounds to deny federal trademark protection to product features which do something useful. Patent
Patent
law, not trademark, protects useful processes, machines, and material inventions. Patented designs are presumed to be functional until proven otherwise.[2] Aesthetic functionality provides grounds to deny trademark protection to design features which are included to make the product more aesthetically appealing and commercially desirable
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Singapore Treaty On The Law Of Trademarks
A trademark, trade mark, or trade-mark[1] is a recognizable sign, design, or expression which identifies products or services of a particular source from those of others,[2][3] although trademarks used to identify services are usually called service marks.[4][5] 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. For the sake of corporate identity, trademarks are often displayed on company buildings. The first legislative act concerning trademarks was passed by the Parliament of England
Parliament of England
in 1266 under the reign of Henry III, 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
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