Dissertations / Theses on the topic 'Trademark'

The most expensive keywords in Google AdWords by average cost-per-click in 2015 was “mesothelioma attorneys tx” priced at $272.00. Keyword advertising is a lucrative business for advertisers and search engines. This thesis will contribute to the academic discussion on unauthorized trademark use in keyword advertising in Canada. Third party advertisers are bidding on competitors’ trademarks without authorization to trigger their sponsored advertisement when the keyword is included in a consumer’s Google search. Trademark infringement has been alleged against Google in the United States and the European Union for the role played by Google AdWords. Canadian trademark law received the first case on keyword advertising in 2015. Keyword advertising is a rapidly developing field: but deep uncertainties remain for the ideal scope of keyword advertising and the ability of ss 19, 20 and 22 of the Canadian Trade-marks Act to provide what will be argued as the ideal scope of keyword advertising. In this thesis I argue that the proper scope of keyword advertising is to prohibit the unauthorized bidding on registered trademark keywords and non-comparative phrases. A doctrinal analysis will be conducted of the current interpretation of ss 19, 20 and 22 of the Canadian Act to determine the extent to which those provisions can provide the ideal scope of keyword advertising. The key issues addressed are trademark use, a likelihood of confusion and depreciation of the value of goodwill of a trademark. A comparative analysis of case law and legislation from the United States and European Union pertaining to trademark use in keyword advertising will supplement the discussion of the Canadian law where there has been a lack of judicial opinion on the subject matter. Based on the current interpretations of ss 19, 20 and 22, it is unlikely that the provisions will provide the ideal scope of keyword advertising. Therefore recommendations to reform the Canadian Trade-marks Act will be set out to address the gaps in the law. The recommended legislative reforms will also include a provision on the extent of search engine liability for unauthorized trademark use in keyword advertising.
Law, Peter A. Allard School of
Graduate

Trademarks are an essential and usual part of business. Even though the most part of signs registered in the European Union consists of ‘traditional’ marks (such as words, letters, numerals, etc.), with the development of technologies the registration of ‘non-traditional’ marks (such as colours, sounds, holograms, smells, etc.) became possible and sometimes daily practice. In 2015, European Commission and European Parliament faced the necessity to harmonize an established trademark system by amending the regulations. One of the main changes was the removal of the graphical representation requirement which opens new possibilities for trademark holders in relation to register non-traditional marks like olfactory marks that were not generally accepted for the registration before. This thesis is a brief research of the requirements that are established for the registration of non-traditional marks and the future perspective of European trademark regulation due to the latest amendments.

My thesis opens up analyzing the historical and international background of the industrial property law: from the first conventions that regulated the laws of the various countries in trademarks subjects to the international TRIPS agreement. The subject then shifts towards national Italian legislation, the national sources that trademarks regulation uses, introducing the concept of "trademark", its characteristics, all the registration and protection process. The second chapter analyzes the trademark discipline from the Chinese point of view, starting from the first law dated 1982 (and the 1993 revision), joining the WTO in 2001 up to the current 2014 trademark law, ending with the analysis of the trademark registration process, compared to the Italian one. The focus of the argument ends with the introduction of the problem related to counterfeiting, analysing the phenomena in all its features, both from the Italian penal code point of view and the Chinese criminal law, introducing cases and sentences that have dealt with trademark counterfeiting in the Italian-Chinese panorama.

Analysis of dissertation is focused on problematic aspects of trademark license agreement that exist throughout the conclusion, validity and termination of a contract. Problematic aspects are understood as legal interpretation cases where common and special norms have to be interpreted taking into account specifics of a contract object (right to a trademark). Problematic aspects are conditioned by two reasons: non comprehensive regulation of trademark license and sui generis nature of a contract. Those aspects are related to registration of license in trademark register, legal status of parties of license agreement, right to a trademark (its validity and modifications), transfer of a right to trademark, competition law, delimitation of trademark license agreement from other types of agreements and other problematic aspects. It is concluded that trademark license registration system does not correspond to the tendencies of modern trademark law anymore and registration system should be transformed by refusing of license registration as a condition to use license against third parties, however, leaving a possibility to register license if any of the parties wish to do so; right to apply to a court should be broadened for a non-exclusive license; licensee should not be per se deemed acting unfairly if he takes an action to revoke a trademark that is being license to him because of non use or invalidate it is because of non compliance to absolute grounds; absence of quality... [to full text]
Disertacijoje nagrinėjami prekių ženklo licencinės sutarties probleminiai aspektai, egzistuojantys licencinės sutarties sudarymo, jos galiojimo ir pasibaigimo metu. Probleminiai aspektai darbe suprantami kaip sutartį reglamentuojančių teisės normų aiškinimo atvejai, kuriems esant bendrąsias ir specialiąsias teisės normas būtina aiškinti atsižvelgiant į sutarties objekto (teisės į prekių ženklą) specifiką. Probleminiai aspektai yra sąlygojami dviejų priežasčių: neišsamaus licencinės sutarties reglamentavimo ir sui generis sutarties pobūdžio. Tai aspektai, susiję su sutarties registracija prekių ženklų registre, su sutarties šalių teisiniu statusu, su teise į prekių ženklą (jos galiojimu ar modifikavimu), šios teisės perdavimu, konkurencijos teise, licencinės sutarties atribojimu nuo kitų sutarčių ir bei kiti probleminiai aspektai. Darbe daromos išvados, jog prekių ženklų licencinių sutarčių registracijos sistema neatitinka šiuolaikinės teisės tendencijų ir licencinės sutarties registracijos kaip sąlygos sutartį panaudoti prieš trečiuosius asmenis turėtų būti atsisakyta, tačiau paliekant galimybę registruoti sutartį vienos iš sutarties šalių valia; siūloma išplėsti neišimtinio licenciato teisės kreiptis į teismą ribas; pažymima, kad licenciato veiksmai ginčijant jam licencijuojamą ženklą remiantis absoliučiais ženklo negaliojimo pagrindais ar dėl ženklo nenaudojimo neturėtų būti laikomi savaime nesąžiningais; licenciaro atliekamos kokybės kontrolės licencinėje sutartyje... [toliau žr. visą tekstą]

The challenge of abstract trademark image retrieval as a test of machine vision algorithms has attracted considerable research interest in the past decade. Current operational trademark retrieval systems involve manual annotation of the images (the current ‘gold standard’). Accordingly, current systems require a substantial amount of time and labour to access, and are therefore expensive to operate. This thesis focuses on the development of algorithms that mimic aspects of human visual perception in order to retrieve similar abstract trademark images automatically. A significant category of trademark images are typically highly stylised, comprising a collection of distinctive graphical elements that often include geometric shapes. Therefore, in order to compare the similarity of such images the principal aim of this research has been to develop a method for solving the partial matching and shape perception problem. There are few useful techniques for partial shape matching in the context of trademark retrieval, because those existing techniques tend not to support multicomponent retrieval. When this work was initiated most trademark image retrieval systems represented images by means of global features, which are not suited to solving the partial matching problem. Instead, the author has investigated the use of local image features as a means to finding similarities between trademark images that only partially match in terms of their subcomponents. During the course of this work, it has been established that the Harris and Chabat detectors could potentially perform sufficiently well to serve as the basis for local feature extraction in trademark image retrieval. Early findings in this investigation indicated that the well established SIFT (Scale Invariant Feature Transform) local features, based on the Harris detector, could potentially serve as an adequate underlying local representation for matching trademark images. There are few researchers who have used mechanisms based on human perception for trademark image retrieval, implying that the shape representations utilised in the past to solve this problem do not necessarily reflect the shapes contained in these image, as characterised by human perception. In response, a ii practical approach to trademark image retrieval by perceptual grouping has been developed based on defining meta-features that are calculated from the spatial configurations of SIFT local image features. This new technique measures certain visual properties of the appearance of images containing multiple graphical elements and supports perceptual grouping by exploiting the non-accidental properties of their configuration. Our validation experiments indicated that we were indeed able to capture and quantify the differences in the global arrangement of sub-components evident when comparing stylised images in terms of their visual appearance properties. Such visual appearance properties, measured using 17 of the proposed metafeatures, include relative sub-component proximity, similarity, rotation and symmetry. Similar work on meta-features, based on the above Gestalt proximity, similarity, and simplicity groupings of local features, had not been reported in the current computer vision literature at the time of undertaking this work. We decided to adopted relevance feedback to allow the visual appearance properties of relevant and non-relevant images returned in response to a query to be determined by example. Since limited training data is available when constructing a relevance classifier by means of user supplied relevance feedback, the intrinsically non-parametric machine learning algorithm ID3 (Iterative Dichotomiser 3) was selected to construct decision trees by means of dynamic rule induction. We believe that the above approach to capturing high-level visual concepts, encoded by means of meta-features specified by example through relevance feedback and decision tree classification, to support flexible trademark image retrieval and to be wholly novel. The retrieval performance the above system was compared with two other state-of-the-art image trademark retrieval systems: Artisan developed by Eakins (Eakins et al., 1998) and a system developed by Jiang (Jiang et al., 2006). Using relevance feedback, our system achieves higher average normalised precision than either of the systems developed by Eakins’ or Jiang. However, while our trademark image query and database set is based on an image dataset used by Eakins, we employed different numbers of images. It was not possible to access to the same query set and image database used in the evaluation of Jiang’s trademark iii image retrieval system evaluation. Despite these differences in evaluation methodology, our approach would appear to have the potential to improve retrieval effectiveness.

What is trademark dilution and what does anti-dilution statutes protect? Those are the primary questions that the dissertation seeks to answer. When a well-known trade mark is used by a non-competitor in such a way that the misrepresentation is created that the latter's performance has the same source or origin as the well-known trademark, it is called trademark misappropriation. One of the main reasons for the misappropriation is to promote the latter's product and/or performance and thus benefit from it. Whether we call it use or abuse…it is the dilution of the advertising value of the well-known trademark. The dissertation investigates the concept of dilution in order to establish the specific interest that is protected against dilution.
Dissertation (LLM)--University of Pretoria, 2012.
Private Law
unrestricted

Thesis (PhD)--Stellenbosch University, 2014.
ENGLISH ABSTRACT: The Constitutional Court in the Republic of South African indicated in 2006 (Laugh It Off Promotions CC v SAB International (Finance) BV t/a Sabmark International (Freedom of Expression Institute as amicus curiae), 2006 (1) SA 144 (CC)) that a senior trademark cannot be provided with anti-dilution protection if the senior trademark cannot demonstrate a probability of substantial economic harm. In the United States of America, legislation (Trademark Dilution Revision Act of 2006) corrected an earlier Supreme Court decision (Moseley v Victoria's Secret Catalogue, Inc., 537 U.S. 418 (2003)), and as a result evidence of a probability of dilution is now required to provide a senior trademark with anti-dilution protection. Senior trademarks experienced mixed success in courts in the Republic of South Africa as well as the United States of America when requesting anti-dilution protection. The reason is that when empirical evidence is offered of trademark dilution the nature of the evidence is usually limited and the method of obtaining it is often flawed. The response of brand managers to trademark infringement also seems to be limited to decisions contemplating litigation. Therefore, to assist both the legal and marketing fraternity when trademark infringement is thought to occur, this study investigates the nature and extent of trademark dilution. A literature review revealed the elements and forms (tarnishing and blurring) of trademark dilution and the motivation for using the concept ‘brand’ and the construct ‘brand equity’ to conceptualise trademark value. The limitations of previous research in measuring trademark dilution and commentary on court decisions provided the basis of the conceptualisation of trademark dilution as an undesirable effect on customer-based brand equity, operationalised as brand attitude. Brand attitude is a higher level brand value creator and five sub-components (affect, cognition, attitude valence and stability, attitude accessibility, purchase intention) were identified that measures brand attitude accurately. Brand attitude is also preceded by brand familiarity and leads to brand loyalty. Furthermore, brand attitudes can also be explained according to four types of decision-making processes: the type of decisions (high and low involvement) and type of motivations (informational and transformational). The purpose of this study was to investigate the nature and extent of trademark dilution, (tarnishing and blurring) on components of customer-based brand equity. The study used an experimental research strategy and an electronic survey instrument (Qualtrics) with self-administered questionnaires. Six hypotheses were formulated to assess whether trademark tarnishing and blurring had an effect on any component of customer-based brand equity when trademarks/brands were considered collectively and individually. The study was designed as a 3 x 2 x 2 factorial experiment. It consisted of three factors (type of dilution; type of decision; type of motivation) with different levels (undiluted/tarnish/blur; high involvement/low involvement; informational/transformational). Twelve different questionnaires were administered to a convenience sample of 3 441 potential respondents. The data generated by the 12 questionnaires was analysed using ANOVA and Mann-Whitney U tests. The results suggested that trademark tarnishing did have statistically significant effects on components of customer-brand equity as far all trademarks/brands were concerned and that the effect of trademark tarnishing and blurring were different when all trademarks/brands were considered together. Tarnishing and blurring had statistically significant effects on components of customer-based brand equity when individual trademarks/brands were considered, but the effect seemed to be specific to the type of decision (high/low involvement) taken and not the type of motivation (informational/transformational) involved. Tarnishing and blurring, when compared, had different and similar, but varying in intensity, effects on components of customer-based brand equity for individual trademarks/brands. Tarnishing and blurring, when considered separately, had different and similar, but varying in intensity, effects on components of customer-based brand equity. The study made a theoretical contribution which should be of value to members of the legal and marketing fraternity. The study showed in the first instance that trademark tarnishing and blurring are independent constructs that had different or similar, but varying in intensity, effects on components of customer-based brand equity. The effect of trademark dilution, tarnishing and blurring, is not limited to brand recall and recognition and brand attitude accessibility. Trademark tarnishing also had different or similar, but varying in strength, effects on individual trademarks/brands, as did trademark blurring. The type of decision (high or low) and type of motivation (informational or transformational) therefore play a role in the unique effect trademark tarnishing or blurring will have on components of customer-based brand equity. Secondly, the effect of trademark tarnishing and blurring may not be unfavourable by implication. In fact, blurring had a positive effect on components of customer-based brand equity, at least after a single exposure. This finding implies that trademark tarnishing has a more severe and faster effect on customer-based brand equity compared to trademark blurring. A brand manager will, as a result of the study, know how to respond, if at all, when a junior mark emerges that is similar to their senior trademark and seemingly dilutes the senior trademark. An attorney whose client requests anti-dilution protection will know, as a result of the study, whether litigation is indeed the answer to the problem. The study provides insight, not only regarding the nature of trademark dilution, as explained by the impact of trademark tarnishing and blurring on specific components of customer-based brand equity, but also regarding the extent of trademark dilution. Trademark dilution has an effect on trademarks/brands, but the effect, be it in respect of a specific component or the intensity of the effect on the component, may not be what is expected. Based on the results of this study several recommendations can be offered to brand managers and trademark attorneys. Brand managers (senior trademarks) should not respond to junior marks using their brands (senior trademarks) without first assessing the nature and extent of the effect of the junior mark on the senior trademark’s customer-based brand equity. Similarly, attorneys should also first examine the nature and extent of trademark dilution and advise their clients accordingly. Once the nature and extent of trademark dilution have been determined, a brand manager can customise his response according to the component of customer-based brand equity affected as well as the intensity of the effect. Attorneys can support at least part of their arguments to obtain anti-dilution protection for their clients, on very exact indications of the effect of use by a junior mark on customer-based brand equity.
AFRIKAANSE OPSOMMING: Die Konstitusionele Hof van die Republiek van Suid-Afrika het in 2006 (“Laugh it Off Promotions CC vs SAB International (Finance) BV t/a Sabmark International (Freedom of Expression Institute as amicus curiae),” 2006 (1) SA 144 (CC)) bevind dat ‘n senior handelsmerk nie anti-skendingsbeskerming kan geniet tensy die senior handelsmerk ‘n waarskynlikheid van wesenlike finansiële skade kan demonstreer nie. In die Verenigde State van Amerika het wetgewing ‘n Hooggeregshof-uitspraak (“Moseley v Victoria’s Secret Catalogue, Inc.,” 537 U.S. 418 (2003)) gekorrigeer sodat sederdien slegs bewys van ‘n waarskynlikheid van skending nou benodig word vir ‘n senior handelsmerk om anti-skendingsbeskerming te kan geniet. Senior handelsmerke het gemengde welslae in beide die Republiek van Suid-Afrika sowel as die Verenigde State van Amerika behaal wanneer hulle anti-skendingsbeskerming versoek het omrede die empiriese bewyse wat normaalweg aangebied is, beperkend van aard was en die data-insamelingsmetode gebrekkig. Die reaksie van handelsmerkbestuurders op handelsmerk-oortreding was tot dusver beperk tot besluite ten gunste van litigasie al dan nie. Derhalwe ondersoek hierdie studie die aard en omvang van handelsmerk-skending om sodoende beide die regskundige en bemarkingsgemeenskappe te ondersteun wanneer handelsmerk-oortreding vermoed word. ‘n Literatuur oorsig het die elemente en vorme (besmetting en verdowwing) van handelsmerk-skending geidentifiseer asook die motivering om die konsep van ‘handelsmerk’ en die konstruk van ‘handelsmerkwaarde’ te gebruik. Die beperkings van vorige navorsing om handelsmerk-skending te meet en kommentaar op hofbeslissings het die basis van die voorstelling van handelsmerk-skending as ‘n ongewenste effek op kliënt-gebaseerde handelsmerkwaarde neergelê en dit geoperasionaliseer as handelsmerk-ingesteldheid. Handelsmerk-ingesteldheid is ‘n hoë-vlak handelsmerkwaardeskepper en vyf subkomponente (gevoelsinhoud/emosie; denke/kennis; polariteit en stabiliteit van ingesteldheid; ingesteldheidstoeganklikheid/reaksie latentheid; aankoopvoorneme) is geïdentifiseer wat handelsmerk-ingesteldheid akkuraat meet. Handelsmerk-ingesteldheid word voorafgegaan deur handelsmerk-bekendheid en gevolg deur handelsmerk-lojaliteit. Verder kan handelsmerk-ingesteldheid ook verklaar word aan die hand van vier soorte besluitnemingsprosesse: die tipe besluit (hoë betrokkenheid of lae betrokkenheid) en die tipe motivering (informatief of transformerend). Die doel van die studie was om die aard en omvang van handelsmerk-skending, (besmetting en verdowwing) op die komponente van kliënt-gebaseerde handelsmerkwaarde te ondersoek. Die studie het ‘n eksperimentele navorsingstrategie gevolg en van ‘n elektroniese opname-instrument (Qualtrics) met self-geadministreerde vraelyste gebruik gemaak. Ses hipoteses is geformuleer om vas te stel of besmetting of verdowwing ‘n effek op enige komponent van kliënt-gebaseerde handelsmerkwaarde het wanneer alle handelsmerke gesamentlik beskou word sowel as afsonderlik. Die studie was ontwerp as ‘n 3 x 2 x 2 faktoriale eksperiment. Dit het bestaan uit drie faktore (tipe skending; tipe besluit; tipe motivering) met verskillende vlakke (onbenadeel/besmet/verdof; hoë betrokkenheid/lae betrokkenheid; informatief/transformerend). Twaalf verskillende vraelyste is aan ‘n geriefsteekproef van 3 441 moontlike respondente gestuur. Die data word deur die 12 vraelyste gegenereer is met behulp van ANOVA en Mann Whitney U toetse ontleed. Die resultate het aangetoon dat besmetting ‘n statisties betekenisvolle effek op die komponente van kliënt-gebaseerde handelsmerkwaarde het wanneer die handelsmerke gesamentlik beskou word, asook dat die effek van besmetting en verdowwing verskillend is wanneer al die handelsmerke gesamentlik beskou word. Bemetting en verdowwing het statisties betekenisvolle effekte op die komponente van handelsmerkwaarde wanneer handelsmerke afsonderlik beskou word, maar die effek blyk verwant aan die tipe besluit (hoë betrokkenheid/lae betrokkenheid) te wees en nie aan die tipe motivering (informatief/transformerend) nie. Besmetting en verdowwing, wanneer dit vergelyk word, het verskillende of soortgelyke, maar veranderend invloede ten opsigte van intensiteit, effekte op die komponente van kliënt-gebaseerde handelsmerkwaarde. Die studie lewer ‘n teoretiese bydrae gelewer aan lede van die regskundige-en bemarkingsgemeenskappe. Die studie het ten eerste getoon dat handelsmerk-besmetting en –verdowwing onafhanklike konstrukte is wat verskillende of soortgelyke, maar veranderend in intensiteit, effekte op kliënt-gebaseerde handelsmerkwaarde het. Die effek van handelsmerk-skending, besmetting en verdowwing, is nie net beperk tot handelsmerk-herroeping en -herkenning en handelsmerk-ingesteldheidstoeganklikheid nie. Handelsmerk-besmetting het ook verskillende of soortgelyke, maar verskillend in intensiteit, effekte op die handelsmerke afsonderlik, wat ook geld in handelsmerk-verdowwing. Die tipe besluit (hoë betrokkenheid of lae betrokkenheid) en tipe motivering (informatief of transformerend) speel derhalwe ‘n rol in die unieke effek wat besmetting of verdowwing op die komponente van kliënt-gebaseerde handelsmerkwaarde het. Tweedens is die effek van besmetting en verdowwing nie noodwendig ongunstig nie. Trouens, verdowwing het ‘n versterkende effek op sommige komponente van kliënt-gebaseerde handelsmerkwaarde gehad, ten minste ná ‘n enkele blootstelling. Dit impliseer dat besmetting ‘n veel erger en vinniger effek op kliënt-gebaseerde handelsmerkwaarde as verdowwing het. ‘n Handelsmerkbestuurder sal na aanleiding van die studie weet hoe om te reageer, indien enigsins, wanneer ‘n junior merk verskyn wat soortgelyk aan die senior handelsmerk is. ‘n Prokureur wie se kliënt anti-skendingsbeskerming versoek sal weet, na aanleiding van die studie, of litigasie inderdaad die antwoord op die probleem is. Die studie verskaf insig, nie net ten opsigte van die aard van handelsmerkskending soos beskryf deur die impak van handelsmerkbesmetting en –verdowwing op sekere komponente van kliënt-gebaseerde handelsmerkwaarde nie, maar ook ten opsigte van die omvang van handelsmerkskending. Handelsmerkskending het ‘n effek op handelsmerke, maar die effek, of dit op ‘n sekere komponent of op die intensiteit van die effek op die kompenent mag wees, is moontlik anders as wat verwag is. Gabaseer op die resultate kan verskeie aanbevelings aan handelsmerkbestuurders en handelsmerkprokureurs gemaak word. Handelsmerkbestuurders (senior handelsmerke) behoort nie te reageer op junior merke wat hul merk (senior handelsmerk) gebruik sonder om die aard en omvang van die effek van die junior merk op die senior handelsmerk se kliënt-gebaseerde handelsmerkwaarde te bepaal nie. Eweneens behoort handelsmerkprokureurs eers die aard en omvang van die handelsmerkskending te bepaal en hul kliënte dienooreenkomstig adviseer. Sodra die aard en omvang van handelsmerkskending bepaal is, kan ‘n handelsmerkbestuurder sy reaksie volgens die geaffekteerde komponent van die handelsmerk, sowel as die intensiteit daarvan, aanpas. Prokureurs kan ten minste sommige van hul argumente om anti-skendingsbeskerming vir hul kliënte te verkry, ondersteun deur baie duidelike aanduidings van die effek van die gebruik van ‘n junior merk op kliënt-gebaseerde handelsmerkwaarde.

The aim of the thesis is to analyse suitability of trademarks and designs for protection of products’ appearance, name its advantages and disadvantages and identify and discuss conditions that must be fulfilled for an appearance of a product to be protected by each of the two mentioned types of protection. The thesis further aims to ascertain whether it is, in general, more difficult to obtain a trademark or a design protection of products bearing in mind difficulties that may arise during the registration process. The thesis focuses mainly on the European Union trademarks and Community designs.   Further, the scope of protection conferred by both instruments is analysed and evaluated and it should be determined which type of protection confers a wider protection on its owner. The thesis also aims to respond a question “which of the analysed intellectual property law instruments is more suitable and favourable for protecting an appearance of products.” Therefore, based on this thesis, users of trademarks and designs should be able to decide which of these two types of protection they should use in order to protect their products or products of their clients.

This research explores the international and national (such as Kenya, South Africa, Uganda, Tanzania and the OAPI region) standards of trademark law as well as the international rules promoting free flow of goods and how these two legal systems safeguard the consumers’ right to health. Focuses on the following two specific aspects of trademark law: counterfeiting which includes infringement, and licensing of a trademark in relation to consumers’ protection.
Thesis (LLM (Human Rights and Democratisation in Africa))--University of Pretoria, 2007.
Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Dr Atangcho N Akonumbo Senior Lecturer, Catholic University Yaounde, Cameroon.
http://www.chr.up.ac.za/
Centre for Human Rights
LLM

Purpose: The purpose of this thesis is to investigate if and how the presence of Fairtrade promotion can change the attitude towards the stores, ICA and Lidl.

Background: People‟s attitude towards the brand Fairtrade is predominantly positive and by providing these socially beneficial products, stores wish to strengthen their brand image by communicating their social responsibility through the message of Fairtrade. Previous research has shown that the socially responsible actions of a company can result in an enhanced brand attitude, but also in some cases, the actions taken have had a diminished effect on the attitude towards a brand. It is therefore of interest to research which stores that can gain from Fairtrade promotions in terms of an improved attitude towards the brand.

Method: To answer the purpose, a mixed method sequential explanatory design was applied, by collecting quantitative data from an experiment, and qualitative data from a follow-up interview. The emphasis was put on the quantitative phase, where four different experimental groups were manipulated with different internet advertisement; ICA and Lidl, with the presence and absence of Fairtrade promotion.

Conclusion: The outcome of the study signified that the attitude towards Lidl was somewhat negative with the absence of Fairtrade and declined with the presence of Fairtrade promotion while the attitude towards ICA did not change regardless of promotion. The results indicate that Fairtrade can not be successfully used as a system of changing brand attitude of a store, if customers do not consider it to be congruent with the initial brand image. It is supported that consistency is the key to success for a brand to be believable and enhance the brand attitude.

碩士
國立臺北科技大學
智慧財產權研究所
102
Along with the progress of business globalization, the trademark owners have to expand their trademark right globally. The well-known trademark, unlike the general trademark, could obtain the trademark right without registration owing to the less strict territoriality principle. However the well-known degree will influence its protection scope. Therefore, if the well-known trademark doesn''t permit registration in Taiwan, it still probably faces the risk of trademark squatting. In Taiwan Trademark Act, the territoriality principle is still the center of the Act, that is, the first to file the trademark application is the one to obtain the trademark right. If Taiwanese operator take someone else''s well-known trademarks to register, sit back and enjoy the results of others, it is detrimental to our international image and is not conducive to the overall development of the market. Besides, owing to the uncertainty of well-known degree of the well-known trademark, the well-known trademark shall be judged by case. Even though we have remedies after the event , including trademark oppositions and trademark invalidation, for trademark squatting. However, it is quite hard for the real well-known trademark owner to retrieve the trademark right through remedies. This thesis will discuss the problems that the foreign well-known trademark might encounter by analyzing several foreign well-known trademark squatting cases in Taiwan. Also, propose some modification suggestions for the well-known trademark issue of Trademark Act.

碩士
國立交通大學
管理學院碩士在職專班科技法律組
96
As a result of modern economic activities, commodities and services are both in wide circulation around the globe. In order to strengthen the protection of trademarks, many international protection organizations and regulations have appeared on the scene. With regard to trademark registration and in addition to “National Registration”, there are two registration methods to get trademark rights, “Multi-National Registration” and “Supra-National Registration”. “Multi-National Registration” can be described as follows: the applicant files his application to the international organization, the international organization next informs those countries which the applicant assigned in his application, then each country examines and decides whether to give trademark rights to the applicant independently, and if so the applicant receives the rights in the country. “Madrid International Registered Trademark” is the representative of “Multi-National Registration”. “Supra-National Registration” can be described as follows: the applicant files his application to the supra-national organization in the region, then this organization examines and decides whether to give trademark rights to the applicant, and if so the applicant receives the rights which have overall effects on every country in the region. “Community Trademark” is the representative of “Supra-National Registration”. The main motives of this article are as follows: first, the great effects of the internationalization development of trademark registration; second, the sparse amount of domestic research studies; third, the need for an applicant in Taiwan to utilize the registration systems nimbly. The chapters of this article are as follows: first, the causes and present circumstances of the internationalization development of trademark registration; second, investigation on “Madrid International Registered Trademark ”; third, research on “Community Trademark”; fourth, analysis on the strategy of utilizing different registration methods, and analysis on the possibility and the soundness of establishing a global, supra-national “World Trademark”; and lastly, suggestions for the future direction of the internationalization development of trademark registration.

The thesis investigates the concept of trademark dilution under international and regional trademark law, and under the laws of selected jurisdictions; namely, the United States of America, Germany, the United Kingdom and the Republic of South Africa. The investigation includes measures undertaken to prohibit the internet-based dilution of famous marks through the registration of confusingly similar domain names. It is noted that dilution is imprecisely formulated under international trademark treaty law. In fact, the term "dilution" does not appear in international trademark treaties. To fill the gap of international trademark treaties, various policy initiatives, or `soft law' have been developed, which to some extent clarify both the concept of dilution, the type of mark protected from dilution, and the scope of such protection. The problem is that the policy initiatives are non-binding on States, so that different States have adopted different common law and statutory approaches to the protection of marks against dilution. This is demonstrated, for example, by the fact that the European Union and its Member States provide protection from dilution to "marks with a reputation", while the United States of America provides such protection only to "famous" marks, and the Republic of South Africa protects "marks which are well-known in the Republic" from dilution. The thesis analyses the protection granted in these jurisdictions, to determine the similarities and differences of approach, and to make appropriate law reform proposals to achieve uniformity of protection. In the final analysis, it is concluded that the burden of enforcing dilution provisions rest on the judiciary. This being so, the judiciary is urged to engage in a balancing exercise in deciding dilution cases. The courts should recognize that dilution provisions are powerful tools at the disposal of owners of trademarks with advertising value. At the same time, the courts should be steadfast in ensuring that protection from dilution does not stultify freedom of trade, or create absolute monopolies or a form of copyright in a trademark.
Jurisprudence
LL.D.

碩士
國立中正大學
財經法律學研究所
102
Nowadays, kuso other’s writing is very popular. Parodists often provide enter-tainment by parody other writings. In addition to writings, famous trademarks are of-ten parodied by others. To parodist, varied other’s mark to comment something is protected by freedom of speech, but that will let consumers to confuse the mark own-er and dilute the mark. It will be a difficult problem. Since 1980’s parody defense has existed. In our country, scholars seldom discuss parody until the case “BANANA TAIPEI”. In that case, the “BANANA TAIPEI” user claimed that was fair use. This is the first case in Taiwan, so we couldn’t predict Court’s position in parody cases. In our trademark law, there’s no parody fair use provision. Some scholars suggest to include parody to our fair use exemption. In my opinion, it is not necessary because of the following reasons: 1. In our trademark law, parodist will infringe trademark owner’s right when they use their mark as a mark and use in commerce. 2. It’s free riding. 3. In America, this type is not sufficient to parody exemption. Then I think it’s not necessary to alter approaches in infringement and dilution areas due to the following reasons: 1. In the likelihood of confusion, which is the most important issue in trademark law. If there is likelihood of confusion, it would not be a good parody. 2. In the dilution area, well-known trademark owners spend much time and money on promoting their trademarks. It’s necessary to provide them with more protection than other trademark owners. In our country, if there is trademark in-fringement, I believe well-known trademark owner’s right is much more important than parodist’s speech right.

碩士
國立臺北科技大學
智慧財產權研究所
101
The fame of well-known trademarks can attract consumers and cause competitors in the meanwhile to use well-known mark illegally, make consumers fall into confusion as to the source of the goods/services or free-riding. They don’t have to cost high marketing fee but grab trust of consumers, occupy market or affect fair competition. The statues of protection well-known trademarks are Article 30(11) and 70 of Trademark Act, Article 31 of Enforcement Rules of the Trademark Act and Examination Guidelines for the Protection of Well-known Trademarks under Subparagraph 11 of Paragraph 1 of Article 30 of the Trademark Act. In order to understand well-known trademark more, the thesis researches important international trademark conventions and U.S. statues and cases and analyze legislative history of Trademark law and Examination Guidelines then generalize arguments from well-known trademark cases of the Supreme Court.

碩士
國立成功大學
法律學系
107
The functions and the legal definitions of trademark and trade name are diverse- trademark distinguishes the origins of goods or services and trade name identifies enterprise or business itself. Nevertheless, when trade name not only serves as the identifier of the enterprise but also work as the identifier of origins, that is, the trade name also distinguishes goods or services, the usage of the trade name will progressively cause trademark dilution. For the purpose of protecting the property rights and endeavors of trademark owners, it is substantial to regulate the act of ‘using other’s trademark as one’s trade name’. Based on Article 70 (2) of Taiwanese Trademark Act, the act is deemed infringement of the right of trademark. There are provisions in the United States and the European Union as well: Section 45 of Lanham Act (15 U.S.C. Section 1127), Article 9(2)(c) and Article 9(3)(d) of the EU Trade Mark Regulation 2017/1001, Article 10(2)(c) and Article 10(3)(d) of Directive (EU) 2015/2436. Litigations of ‘using other’s trademark as one’s trade name’ are not uncommon both at home and abroad, such as Moseley, Céline and INTEL. This thesis aims to explore the illegality of the act of ‘using other’s trademark as one’s trade name’, analyze the elements of Trademark Act and advice how to apply the Act with methods of summarizing law reviews, organizing judgements and comparing both American and European legal systems.

碩士
國立交通大學
科技法律研究所
99
What kind of “use” constitutes trademark infringement? The emergence of the Internet changes the business model and forces the fashion of trademark use away from traditional transaction custom. Along with these new types of trademark uses are more complicated controversies on trademark law. Therefore, the standard to define “trademark use” under trademark law needs to be reexamined. The idea of this thesis originates from the trademark use debate in the United States: whether “trademark use”, i.e. the use of the accused trademark by the defendant as its own trademark, should be a prerequisite of trademark infringement? If the answer of the aforesaid question is yes, how do we measure its appropriateness? In this thesis, the author first introduces in detail the “trademark use” theory and the opposition, and then conducts case study of non-typical trademark use cases, including cases which happened before and after the emergence of the Internet, the latter of which can be categorized into three groups, cases involving meta tags, pop-up advertisements and keyword advertisements. In regard to Taiwan law, through summarizing academic theories and opinions of courts on trademark use and conducting empirical analysis on the rulings of the Intellectual Property Court, the author discovers that the academic definition of trademark use in the United States is also adopted in Taiwan. Furthermore, the author categorizes the common types of trademark use of non-typical cases, analyzes the rulings of those cases in order to know the application of the trademark use requirement among those types, and argues the appropriateness of the trademark use requirement in trademark infringement.

碩士
逢甲大學
財經法律研究所
98
Since the rise of the World Wide Web in the early Nineties, Internet has become an important source for consumers to obtain information concerning products and services. Responding to the trend, corporations are shifting billions of advertising budgets from traditional media to the Internet advertisement. Ingenious businesses and individuals have created various ways to fully exploit internet technology in order to solicit business and distinguish themselves; these new methods include domain names, keyword advertising and Hyperlink. These methods may not fit into traditional category of “trademark use”, but are no doubt ways to distinguish their product and service from others, and surely bring out new problems to legal practitioners and scholars when new kinds of infringement happens. To solve these new problems, we may need new solutions; one of the solutions is to redefine “trademark use”. Taking keyword adverting for example, a U.S. court must determine if there has been a “trademark use” of the plaintiff’s mark before assessing the likelihood of confusion, in the Lanham Act, the anti-infringement provisions expressly state that it prohibits “use in commerce” of a trademark that is likely to cause confusion. Is keyword adverting constitute “use” in commerce? Not by traditional definition. However, free ride and confusion did happen during improper keyword adverting and the court have to rethink the breadth of “trademark use” in Internet era. This paper is focusing on the legal issues arising from internet trademark infringement, which analyses and compares cases developed in U.S. courts, and constructs probable and feasible solutions for the future cases that might happen in Taiwan.

碩士
東吳大學
法律學系
104
Protection of well-known trademarks has always been an important issue internationally. The traditional core of the well-known trademarks protection is likelihood and confusion. However, many cases show the well-known trademarks infringement not only affect or confuse the source of well-known trademarks directly, but also dilute or impair the distinctiveness of well-known trademarks by using the identical or similar marks. Likly, Dilution of the distinctiveness or reputation is a huge damage for well-known trademarks, but the types are not covered by the likelihood of confusion theory completely. That’s why trademark dilution theory is needed. The Trademark Act as amended in 2003 included the trademark dilution provision formally. The previous section of Article 30-1-11 of the Trademark Act is about likelihood of confusion theory and the later section of one is about trademark dilution theory. Moreover, the later section of one can be further divided into " dilution of the distinctiveness of well-known trademarks " and " dilution of the reputation of well-known trademarks ".However, the common element of Article 30-1-11 of the Trademark Act is the“ identical or similar ” mark, thereby the practice doesn’t distinguish the different between the former and the later section one precisely. In addition, it is difficult to determine the judging factors of trademark dilution. The study attempts to integrate and analyze the relationship between “likelihood of confusion” and “trademark dilution” under the Article 30-1-11 of the Trademark Act by researching the Paris Convention, TRIPS, the development of the dosmetic Trademark Law in response to international treaties, and refering to the legislation and practice of the United States Trademark Dilution theory and the dosmetic practical case. Furthermore, the study also lists the specific reference factors to determine " dilution of the distinctiveness of well-known trademarks " and " dilution of the reputation of well-known trademarks ", and makes a direction and suggestion for the dosmetic legislation and practice. Keywords: well-known mark、famous mark、dilution、confusion

碩士
國立雲林科技大學
科技法律研究所
105
In the field of intangible assets, the trademark is one of the most closely related intellectual property rights, and the actual benefit of the trademark comes mainly from the increase in the turnover of the company. In the era of knowledge economy, the establishment, management and application of trademarks are one of the tools for enterprises to maintain their competitiveness. In addition to the businessmen who maintain their exclusive business areas and avoid the imitation or infringement of their sales market by competitors. Create additional revenue for your business through trademark authorization. In addition, enterprises can also buy or obtain trademark authorization to trademark owners, and then open up the market, and shorten the time to fame. Taiwan's trademark law has a well-known trademark system, because the famous trademark compared to other common registered trademarks, service marks by the legal protection of the extent and scope of very high, so a business trademark in the practice was identified as a well-known trademarks and then become widely known as the well-known brands, has its significance. This study mainly discusses the relationship between the method of valuation and the famous trademark. In order to make the scope of the study, we will take the registered trademark of several domestic companies as the subject of this research. First, this study begins with an introduction to the definition and protection of famous trademarks from international legislation; secondly, introduces and explains the existing methods of valuation of intangible assets and selects Interbrand brand as the main axis. , The case companys’ Interbrand valuation results as an example to illustrate the conclusion and the relevance of the famous trademark; Fourth, from the current intangible asset valuation system to explore the legalization of the famous trademark of the necessity and interests. This study mainly uses the method of valuation to explore the relevance of the famous trademark, and the number of registered trademarks of the company as an example, and finally do the conclusion of the cost study, hope for the future engaged in relevant researchers can have the value of reference.

碩士
國立臺灣大學
法律學研究所
105
Abstract Nowadays, Electronic E-business becomes prevalent and technology improves every day. Thanks to the prosperity of media and Internet platform, international interactions tend to frequency, information circulates without geographical restrictions, and trademarks could also be known all over the world. In the trademark owners’ long-term efforts to invest and advertise the trademark, it changes into a symbol of enterprise''s brand image and is worth a high degree of value rather than just a pattern to identify and distinguish different goods or services. Through the owner’s efforts, the trademark ultimately becomes ‘well-known mark’ or ‘famous mark’. Although establishing well-known marks can bring high economic benefits for trademark owners, they are more likely to be misused or free-rode by other competitors in the meanwhile than general trademarks, resulting in the simultaneous costs of trademark owners and consumers. Thus, it is necessary that the law protect trademark owners’ endeavor and maintain the fair market order. Since Paris Convention gave special protection to well-known trademarks, the issue concerning well-known trademark has been attracted much attention and sparks heated discussions in the world. Today, not only follow-up international conventions, like TRIPS or Joint Recommendation Concerning Provisions on the Protection of Well-Known Marks but also the Trademark Act of every country include more specific or special provisions for well-known trademarks. By studying the meaning of relevant provisions, we could find that confusion doctrine and trademark dilution are the two major protection principles in trademark law. The two theory give protections for well-known trademarks from two sides of registration and infringement. Overall, the trend in protection becomes broader. However, the special protection for well-known trademarks itself also hurts the market mechanism of free competition. As a result, there must have protection limits to seek a balance of interests of all parties. Therefore, the purpose of this article is to explore the protection limits of well-known trademarks in Trademark Law. The content is roughly divided into two aspects for discussion. First of all, this paper begins with studying the interpretation of trademark provisions and clarifying the application among those in force from a practical perspective. Then from another aspect, it will compare the legal systems of Trademark Law of the United States, European Union, Germany and China with that of Taiwan. Through the study of comparative law, the article would present learning experience, expecting to offer some suggestions for future amendments and practical application of Taiwan’s Trademark Law.

碩士
輔仁大學
財經法律學系
98
Internet has become an indispensable tool for life, but there are many infringements ensued from it. As the information explosion on the Internet, business is heavily reliant on trade marks to increase trading opportunities, but caused a free-rider problem. The problem encountered in the field of trademark law is how to apply the interpretation of the elements of trademark infringement in physical world into the virtual world of the Internet. The most controversial issues are the “trademark use” requirement and “likelihood of confusion” requirement. The subject of this article is the “trademark use” requirement. “Trademark use” requirement is the objective element of trademark infringement. In the past, in response to diverse business types, therefore, the context of trademark law does not strictly define the specific behavior pattern, and had doubt of the interpretation. Today, this element is more difficult to be interpreted and applied on the Internet. This is because the mark is usually attached to some physical object, but there is no physical object can be attached on Internet and the Internet users may not be able to “see” the trademark sometimes. So that, this article starting from trademark law and referring to the practice opinion to explore the interpretation and application of “Trademark use” requirement. This article has four parts. First, this article will introduce the development and characteristics of the Internet and relevance between Internet and trademark infringement. Second, this article will compare the non-Internet trademark infringement and trademark infringement on the Internet to detect differences in their traits and build awareness of the problem of this article. Furthermore, this article will this introduce the technology of Web Design, hyperlink setting, domain name, counterfeit goods, metatag, keyword advertisement, online game, social networking sites ,and discuss the issues involved in trademark use. Finally, this article inductive analysis the factors of trademark use requirement on the Internet, and try to propose the interpretation for practitioners and possible direction of amending the law in the future by essential function of trademark.

碩士
國立臺灣海洋大學
海洋法律研究所
100
Trademark is a crucial requirement to the competitiveness for each enterprise attempting to reach the world wide market places. Given the trademark application/ registration procedure is mostly territory doctrine and definitely varies from each country to another, it always causes such maverick corporation tremendous challenge to obtain its own trademark registration in the foreign countries, no thanks to those international branding enterprise always bring up even more difficulties to mavericks to stop them by blocking any trademark, in their opinion, is similar to theirs, get registered. This study, will focus on the three major market places, United States, Great China, and European Community, to discuss about their trademark prosecution procedure and, especially, the differences of the examine criterions of mark distinction, similarity, and the standard of evaluating "likelihood of confusion" between aforesaid areas. Then, this study will discuss the newly developing field in the trademark protection, the “Dilution Theory”, which breaks through the traditional trademark examine system of “likelihood of confusion” and provides enhanced protection to those well-known marks. This study will extend to the comparison research about those international treaties concerning trademark protections and the adoption of national trademark regulations to foregoing treaties. Lastly, this study will place the attention to the trademark system in new market places, mainland China, where the trademark regulatory and its practice are badly distorted. By reviewing the aforesaid distorted development tendency, such as the trend of “pursuing the well-known marks”, this study will come up with certain fruit and suggest about Taiwan’s trademark legislation framework and the examine criterion to direct them into right, reasonable, and international treaties comparable level.

碩士
國立雲林科技大學
科技法律研究所碩士班
100
By now China has implemented the twelfth 5-year project. Over the past several decades China has implemented economic reformation at a very fast speed. It has become the most important market in the world. The enterprises worldwide and many famous brand names have crowded into China. Thus, China increasingly attaches importance to the protection of trademark. After becoming one of WTO member countries in 2001, China adopted a well-known trademark system which is one more protection to foreign famous trademarks. This article focuses on the infringement of well-known trademarks in China and its relief system, and probes the administrative and judicial systems in China on trademark infringement so as to understand the complicated laws and regulations in China, such as Judicial Interpretation issued by Supreme People’s Court of China on “Interpretation of applicable laws associated with the examination of civil disputes of trademark”, or on advice and opinion issued by Trademark Administrative Authority (Trademark Office of State Administration for Industry and Commerce). What are the legal effects of these Chinese representative interpretations and advices? How the China Trademark Law is used to solve the problem when a trademark infringement occurs? What are the important things which we should be careful during the lawsuit? These would become decisive factors for foreign capital enterprises to win the lawsuit in China. Furthermore, after understanding the well-know trademark system of China, this article compared the differences between China and Taiwan on their well-know trademark systems. China’s experiences pointed an improvement direction for Taiwan well-known trademark system toward a more complete and perfect status.

碩士
雲林科技大學
科技法律研究所
96
The Revision to the Trademark Act Revision of the Republic of China was published on May 28, 2003 and entered into force six months later. It confers the scope and effect of trademark rights in the case of conflicted trademark disputes. On April 28, 2003, the published the “ordinance of Reviewing trademark case with a likelihood of confusion” which abided by article 16 of the ‘Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) after Taiwan joined the World Trade Organization (WTO) on first January 2002. According to the apprehension of the Department of Economic of Republic of China, the agency responsible for administering trade mark, who emphasized that before we presumed a case in the adaption of Trademark Act, we have to estimate that whether this commodity/commercial service has a likelihood of confusion to the customers. It should not be obliged to apply with a formal standard on every case which has different scenario. On the contrary, we should consider that whether the similar degree of trademark was able to confuse the customers in each case. Second, when observed the utilization of that argued trademark on a commodity or a commercial service, we should think about whether there is any other factor will influence customers which is nothing to do with the influences from the trademark and commodity/commercial service by themselves? In order to have the judgment we had made about the confusion and misunderstanding on a trademark case was able to meet the reality of the market, we should take all the relative factors which were influential into the constant as possible as we could. In addition, there is no exception in confirming an infringement case of trademark property. There are slight differences in the adaption of Trademark Act between the revised version and the former one in regards to the infringement case of trademark property. Therefore, it is necessary to analyze the relationship among the similar of trademark, the confusion, misunderstanding and the criminal punishment of infringement of trademark before we refer trademark and the confused judgment, then we may discuss further about the factors of trademark and the confused judgment toward the customers.

碩士
逢甲大學
經營管理碩士在職專班
105
The diversified development of business has led to the diversification of trademark types. With the science and technology and economic development, the types of trademark infringement are also myriads of changes. Taiwan’s Trademark Law has been modified for many times, however, it seems that the protection of trademarks is still insufficient. Especially in the scope of trademark squatting. This paper mainly focuses on analyzing the infringement of trademark and trademark squatting via cases and legislation study. Moreover, for the dilemma of Taiwan’s companies recently, this paper will provide suggestions via both legal and business respect, trying to offer more protection on companies’ ownership of the right of trademark and to strengthen companies’ future business plan.

碩士
世新大學
智慧財產權研究所(含碩專班)
103
It has been widely recognized that a celebrity’s name is a form of human right, the same as any ordinary person’s name. Also, it is characterized by not allowing intervened, infringed or misused without the consent. Nowadays, with the rapid development of commercial customs, many products are promoted by celebrity’s name trademark, which plays an important role in increasing sales because it easily attracts consumers’ attention and conveys lots of information. That is, consumers tend to instinctively associate celebrity’s name with their feelings towards the celebrity in accordance with his or her characteristics, such as diligence, professional knowledge and image. There is no doubt that a celebrity’s name has economic value except for the right of publicity, and celebrity can register his name as a trademark. After register his name as a trademark, the name will be protected under the trademark law. To consider the great economic benefit that a celebrity’s name might bring, the protection of another laws is rather insufficient. Thus, this study is developed in response to examine whether the domestic system can offer adequate protection for the economic value of celebrity, To explore this, A solution to rush register celebrity's name in China will be introduced, which is given by the academic circle. Besides, emphasis will also be put on the issue of whether the trademark law of Taiwan is inadequate with the right of publicity in the America as a reference. It is hoped this paper can provide suggestions for amending the law.

碩士
國立交通大學
科技法律研究所
99
Trademark merchandising is a big business. The professional and college sport teams’ related merchandises were estimated at ten billion in 2010. Even though the price higher than others, consumers still perchance those products to support their favorite college or baseball teams. However, what is trademark merchandising, that is the first question that we have to resolve. In the 1970s and 1980s, trademark holders came to realize the economic value of their trademarks on merchandise and the revenues that they could earn though licensing. Should trademark holders have the merchandising right ? Commercial practice seems to presuppose the merchandising right. Some scholars had discussed this issue in the U.S., and there were two different opinions in this question. This thesis try to investigate scholars’ opinions, and under the trademark law whether trademark holders have right to control sales of their trademarks as products. However, from trademark law and an economic perspective, there is no theoretical justification for such a right. Only when some one uses trademark holder’s trademark without licensing, and his behavior constitutes trademark use and likelihood of confusion, trademark holder can control this conduct according to trademark infringement. This thesis not only discuss trademark use and likelihood of confusion in trademark merchandising cases by analyzing U.S. and our judicial practice, but also find some problems in our judicial practice. Furthermore, we can learn and improve by analyzing opinions of U.S. courts.

碩士
東吳大學
法律學系
104
The concept of the intellectual property right begins around one hundred years ago; after the development for the past century, nowadays it lead the progress of global technology, establish the value of brands, and influence technology, economics and society. The importance of intellectual property surely become more and more significant. For these recent years, the countries intend to amend their laws and regulations to reflect the international trend that TRIPs under WTO, in order to strengthen the protection of intellectual property rights. Trademark, Patent and Copyright are jointly called as Intellectual Property Rights. Nonetheless, the intellectual property right is not just limited to these three types. With the long term observation of its purpose, the definition would be: “the protection provided by laws on the product created by the spirit of human being, and the administration provided by laws on the due order of industry competition.” Just like Trademark, the purpose of protecting the trademark owner , is for protecting that product could be identified its source, to maintain the competition order, and safeguard the benefit of customers--- instead of being limited to protect the creation of logo picture. The subjects protected by the Trademark Act of R.O.C. are: Trademark, Certification mark, Collective Mark and Collective Trademark. As Taiwan, adapts the principle of registration, the trademark owner is entitled to have the exclusive right after being granted the right of trademark, so the owner is entitled to request the others to remove their activity may cause confusion, and there could be further discussion on the issue of infringement--- the essential argument is on the concept of “use” and “ Likelihood of confusion”. Whether the criminal law punishment should be involved in IP right law system, there is no final resolution yet, from the point of view that there is no criminal law punishment for patent in most countries, and the Patent Act of Taiwan, has been de-criminalized. However, the other edge of the principle of Ultima Ratio of Penalty is that the criminal punishment is an efficient political administration method. Therefore, when the value of intellectual property has been insisted by the international parties or the law makers, after the check with the standard of Constitution, it seems that there is necessity to recognize the criminal punishment. Though the special Criminal laws exist in many law fields, the original concept, principle, appliance and effect of Criminal Law cannot be changed, therefore many argument result from this. It is expected that the practice operation of trademark infringement litigation and the protection of intellectual property rights could be more thorough, after the well establishment of the Intellectual Property Court, and the clarification of some concepts in dispute.

碩士
國立高雄第一科技大學
科技法律研究所
103
The Trademark Act enacts this new type of trademark, three-dimensional trademark, and therefore three-dimensional trademark can apply for registered trademark. Three-dimensional trademark differs from traditional trademark because of its three-dimensional form. When we use the doctrines or principles of traditional plane trademark on three-dimensional trademark, we should pay attention to the uniqueness of three-dimensional trademark. When someone uses product itself or packing as a three-dimensional trademark, consumers may just regard it as a product for sale and do not think of it as a trademark. Because using a product as a three-dimensional trademark is not easily to prove inherently distinctiveness, it should prove acquired distinctiveness (secondary meaning). The design of shape of a product often makes itself something functional. However, the Trademark Act requests the meaning of the design of shape is not by its original functionality but by registered trademark itself. A registered trademark shows its worth by means of being used. A trademark registrant should use his trademark to distinguish goods or services provided in the course of trade from goods or services provided by any other person. If any person use a registered trademark without the consent of the registrant, he shall be liable in a civil action to provide damages to the registrant because of his trademark infringement. It may be a scholarly debate on whether “trademark use” is an essential element of infringement or not. Some scholar think trademark use is a crucial prerequisite of infringement and the others consider that the key point of the determination should focus on “likelihood of confusion”. Based on our Trademark Act and courts, trademark use is an essential element of infringement indeed. We would like to determine whether it will be against rule of law if someone makes or sells a product with the same or similar trademark which is a registered three-dimensional trademark. Since our courts is lack of the specific analysis concerning the use of three-dimensional trademark, the study aims to discuss or analyze the issues by looking into an Australian case Coca-Cola Company v PepsiCo Inc (No2) (2014). This Australian case can be a reference to help our courts make judgement on trademark use of a three-dimensional trademark.

碩士
東吳大學
法律學系
96
Expenses on internet advertising in Taiwan was 49.5 hundred million TWD in 2007, and some even predict that the market scale will be expanded to 35.4 billion USD globally. Online marketing has become the main practice; and search engine plays a very important part that people can not even ignore. Keyword search advertising is a form of online marketing practice whereby an advertisement is displayed on a search engine results page. The advertisement is triggered by the keyword used in the search. Many search engines sell trademarks as keywords as well, allowing competitors to purchase them as keywords for the purpose of displaying their own advertising. Some have argued that this practice should lead to liability for trademark infringement or dilution. Also, the use of metatags of website may cause the same issues. This article is a research on such legal issues of internet keyword search advertising which has three parts. First, it states advertising theory, observes the influence of developing search engine on marketing, and introduces keyword search advertising. Second, it restates law and regulations of U.S. and Taiwan in advertising and communication area, and makes comparison and analysis of them. Third, it discusses the legal issues, especially of trademark, on website metatags and keyword search advertising, analyses cases developed in U.S. courts, and constructs probable solutions for Taiwan when facing the same issues.

碩士
國立成功大學
工程科學系
84
In this thesis, a tentative geometric trademark graphics query system isdesigned to retrieve the similar patterns from a geometric trademark database. The attributes defined for the patterns in the data base are thehorizontal and vertical scanning codes, the horizontal and vertical weightedcodes, the horizontal and vertical average values, the symmetric properties,edge codes, aspect ratio, density and complexity. Either a geometric patternor features, can be provided as the input for the query operation. It isencouraged by the results.

碩士
國立臺灣大學
法律學研究所
102
Trademark parody is defined as a form of imitating a trademark in a humorous, satire or critical way, which simultaneously conveying messages that contrary to the original one. Trademark parody is concerned not only with the traditional trademark infringement, but also raise questions of trademark dilution, free-rider and the freedom of speech. The article attempts to speculate the legality of trademark parody and the standards used in its judicial cases from the perspective of comparative law. With the passage of the Trademark Dilution Revision (TDRA) in the U.S.,2006, parody has been exception as “fair use” based on the protection of freedom of speech. In judicial practice, the U.S. courts evaluate factors in determining whether alleged parody creates a likelihood of confusion or dilution in consideration of the distinct nature of parody. As for European Union and Japan, European Community Trade Mark Regulation (CTMR) and Japan trademark law both have no statutory provision for trademark parody. In judicial practice, there was a case that the German court balanced the interests of the freedom of art of the parodist and property right of the trademark owner, and considered that the former was worthier to be protected than the latter. In Japan, most of the scholars believe that the existing law is well enough for trademark parody cases. Besides trademark infringement, trademark parody is also concerned with the application for registration. Differing from the U.S. and the European Union, the register office of Taiwan, same as Japan, absolutely review all grounds of refusal whether it is about public interests or not when examining the application for registration. And it focuses on whether alleged parody creates a likelihood of confusion, dilution or is contrary to the public policy or accepted principles of morality. In comparison with other country’s law and cases, this article reaches the conclusions as follow. First, Taiwan trademark law doesn’t need the parody exception as TDRA’s, while it’s still necessary to take the freedom of speech into consideration in trademark parody cases. Second, it’s inappropriate that the courts of Taiwan often apply the provision for likelihood of confusion or dilution to condemn free-rider while trademark law has no provision for free-rider. Finally, this article tries to provide a set of guidelines for trademark parody cases.