The concept of a trademark has gained massive popularity in the modern business environment. Trademark is defined as a word, phrase, or logo that identifies the source of goods or services. As the name suggests, it is a mark that identifies a company and distinguishes it from its rivals in the market. The concept of defining the identity of business emerged because of the existence of companies offering similar products in the same environment. It is prudent for a company to register its trademark to avoid cases where its brand image and name is abused by unethical business entities or individuals. Each country has its legal system that defines what a company needs to do to have a right to a given trademark. Although there may be variations from one country to another, it is a universally accepted practice for one to register a given trademark to have exclusive rights Continue reading
International Trade Laws
What Is Product Liability? Meaning, Definition, and Laws
Product liability is a field of law that accounts for the responsibility of producers, manufacturers, suppliers, and other stakeholders who avail products to the general public for the injuries those products cause the public. Most of these claims are associated with negligence, breach of warranty, strict liability in addition to other forms of consumer protection claims. These laws are determined at the National level. A product liability and negligence claim justified by the product having either a manufacturer’s defect, a designing defect, or failure to warn the consumer. Generally, claims of product liability are not only based on negligence but also a strict liability. This theory of strict liability states that the manufacturer should be held liable even though the customer acted negligently. Failure to warn customers is viewed by some legal commentators as being negligent. The theory of strict liability focuses on the product of the manufacturer rather than Continue reading
What Can Be Protected under Trademark Law
The trademark laws are meant to protect business entity. It takes years and a significant amount of resources for a company to develop a strong brand that is largely acceptable in the market. Top global brands such as Apple Inc., Coca-Cola, and Samsung are worth billions of dollars because of the heavy investment the relevant companies have placed in their promotion. One of the biggest problems of counterfeiting that trademark laws seeks to fight is the possible loss of value of a given strong brand. Most of the counterfeited products are of poor quality. When a customer chooses to purchase a specific brand over others, one of the defining factors is quality. They feel cheated. The main problem that emerges from such a scenario is that such customers will not only avoid the company’s products but will also influence others against the brand. It is unfair for a company that Continue reading
Legal Nature of Trademarks as a Form of Property
There are some laws governing trademarks which give it legal nature. A trademark is treated as an intellectual property. In fact, the law in the USA and other nations including Australia recognizes trademark as a form of property that ought to be guarded. The rights of ownership of the property can be established through registration of the symbol or mark in the patent office or through actual use in the market place. However, most jurisdictions do not recognize the legal ownership of a trademark if the ownership arises through use in the market rather than registration. In the event of infringement of rights associated with the same, the case will be treated on the basis of ‘first one to file.’ The process of registering a trade mark is similar to the process of property registration. This further reveals its legal and property nature. In the first place, the owner is supposed Continue reading
Difference Between a Patent and a Trade Secret?
A patent is an agreement between the inventor and the federal government under which the inventor receives an exclusive right to use the invention while having an obligation to make it public. A trade secret refers to any information or method giving the owner an exclusive competitive advantage if used in the business. The aim of a patent is to make the invention public while the aim of a trade secret is to keep the information hidden from publicity. While patents are limited in time, trade secrets are not. Another distinctive feature of a patent is its ability to protect the invention from being used by anyone except the owner of the patent for commercial purposes. A trade secret is not provided with such protection, as it can be used by another person if being discovered by legitimate means. The person can patent already existing trade secret if he/she discovers Continue reading
Factors Determining the Infringement of Trademark
Trademark infringement is defined as the unauthorized use of a trademark or service mark on or in connection with goods and services in a manner that is likely to cause confusion, deception, or mistake about the source of products. Infringement may be constituted as a result of a deliberate attempt by an individual or a company to benefit unfairly from the name of a strong brand by assuming a trademark that is similar to that of the competitor. In other cases, it may be a mistake caused by the inferiority and inconspicuous nature of the already existing trademark that leads to the confusion. Whether the action was deliberate or not, the affected party can seek legal redress whenever it feels that its brand name, logo, or other brand attributes have been infringed upon. It is expected of the owner of the trademark affected by the infringement to go to court Continue reading