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Trademark Functions and Trademark Rights

Peguera, Miquel - 2020

Over the last years, the Court of Justice of the European Union (CJEU) has remarkably expanded the potential scope of trademark rights. Under the EU Trademark Directive, a trademark owner may only prevent third-party uses of the mark if such uses are made (i) in the course of trade, (ii) in...

Persistent link: https://www.econbiz.de/10012823118

Economic Aspect of Trademark

Bhatia, Tavleen - 2020

In this paper we discuss the economic considerations related to the Trademarks and how it affects the various related aspects. Trademarks form an important intellectual property for an organisation. Therefore, it becomes significant to discuss how trademarks affect brands. Trademarks are key...

Persistent link: https://www.econbiz.de/10012824646

The Chicago School Trap in Trademark : The Co-Evolution of Corporate, Antitrust, and Trademark Law

Desai, Deven R. - 2016

The central claim of this Article is that, as a descriptive matter, trademark legislation and court interpretation is a close normative match with the Chicago School approach of scholars such as Robert Bork and Richard Posner. The organizing intellectual structure of modern trademark law, as...

Persistent link: https://www.econbiz.de/10013002475

Evaluation of New Generic Top Level Domains from a Brand and a Trademark Perspective

Nagel, Alexander - 2016

(NGTLD) program. It can be shown that Associative Network Memory Theory explains why the connection of the brand with a … suitable generic NGTLD can increase brand awareness. Additionally, the Signaling Theory can explain why brand (and some generic …) NGTLDs can be used as signals. Brand NGTLDs can be used to protect the brand from negative influences by third parties in the …

Persistent link: https://www.econbiz.de/10013003737

The Value of Trademarks : A Study of the Trademark (Protection) Lifecycle in the U.S. Pharmaceutical Industry

Nasirov, Shukhrat - 2020

underlying brand as well as on legally stipulated characteristics. My theoretical predictions are verified by looking at …

Persistent link: https://www.econbiz.de/10012850267

Valuation of New Trademarks

Hsu, Po-Hsuan - 2020

Firms often register trademarks as they launch new products or services. We find that the number of new trademark registrations positively predicts firm profitability, stock returns, and underreaction by analysts in their earnings forecasts. Using the Federal Trademark Dilution Act (FTDA) as an...

Persistent link: https://www.econbiz.de/10012851688

Trademarks in Entrepreneurial Finance

Chemmanur, Thomas J. - 2020

We analyze the role of trademarks in entrepreneurial finance, hypothesizing that trademarks play two important roles: a “protective” role, leading to better product market performance; and an “informational” role, signaling higher firm quality to investors. We develop testable hypotheses...

Persistent link: https://www.econbiz.de/10012852244

Trademark Surveys : An Undulating Path

Diamond, Shari Seidman - 2014

When a plaintiff alleges trademark infringement or claims that false advertising is likely to confuse or deceive, the pivotal legal question is: how are consumers likely to perceive the mark or advertising? In the early days of trademark litigation, a parade of consumer witnesses, carefully...

Persistent link: https://www.econbiz.de/10013051259

On Methodogies of Trademark Law

Wang, Taiping - 2014

Since the doctrine of trademark law is a kind of “hybrid doctrine,” trademark law can be studied using many interdisciplinary approaches, such as economics, semiotics, psychology, etc. Thus far, though academics have studied trademark law in relation to economics, semiotics or psychology...

Persistent link: https://www.econbiz.de/10013052200

Territoriality Challenges in Protecting Trademark Interests in the System of Generic Top-Level Domains (gTLDs)

Kim, Jesse - 2014

Being human-friendly addresses on the Internet, domain names, such as amazon.com and cbc.ca, operate as globally unique gateways that enable consumers of products, services, and information to reach online contents. Trademarks, on the other hand, are territorial in nature and arise primarily...

Persistent link: https://www.econbiz.de/10013056718