If Harley-Davidson has its way, the resounding roar that its motorcycles make could become a registered, protected sound under the U.S. Trademark Act
Article Abstract:
Motorcycle manufacturer Harley-Davidson filed a controversial application on Feb 1, 1994, to register as a trademark the sound made by its products. The application requires the Trademark Trial and Appeal Board to determine whether the sound is simply a function of the design of the V-twin, common crankpin engine, in which case the registration will be denied. If the sound is not functional, and is inherently distinctive, sound trademarking could expand quickly, so manufacturers should explore the implications now.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1995
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Exclusive trademark licenses may be assets; the FTC holds that such licenses can be subject to Hart-Scott-Rodino Act filing requirements
Article Abstract:
The Federal Trade Commission requires many trademark licenses and similar rights to be subject to the Hart-Scott-Rodino Act and its reporting requirements. Thus, virtually any exclusive US trademark license, even if closely restricted in time and place, requires an HSR filing if it is worth more than $15 million, in either fair market value or the amount paid. The FTC interprets related legislation broadly, and requires certain methods of valuation for licenses. The size of the parties involved is also a factor.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1995
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China's IP law revisited to prepare for WTO entry; country's trademark law must be amended to meet the standards outlined in TRIPS
Article Abstract:
Issues regarding needed amendments in the Chinese Trademark Law to qualify the country for membership in the World Trade Organization are discussed. The law must be amended to comply with the Trade-Related Aspects of International Property Agreement in the General Agreement on Tariffs and Trade.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 2000
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