'Intent to use' winning rave reviews, says poll; practitioners seem satisfied with ITU practice, but favor changes to address Patent Office delays

Article Abstract:

The intent-to-use (ITU) provisions of the 1989 Trademark Law Revision Act enjoy great support among trademark attorneys nationwide. The changes allow registrants to seek trademarks before investing heavily in the trademark and its promotion. A survey conducted by the International Trademark Assn found that 64% of its members are pleased with the ITU provisions, and that the problems some opponents had predicted never materialized. Proposed revisions include using a single proof-of-use document and revised Patent and Trademark Office procedures.

Surveys, International Trademark Association

---

Protecting brands from mishandling by sellers: manufacturers can continue to control their products' quality once in the stream of commerce

Article Abstract:

Recent rulings have expanded the trademark protection in the Lanham Act to encompass situations where sellers' treatment of the goods cause them to lose characterization and therefore create consumer confusion. These rulings give trademark holders an infringement claim if the distribution handling altered the products quality, such as through incorrect labeling, shelf life or storage. Cases involving repackaging or recycling that retains the original trademark have already been successfully tried.

Copyright infringement

---

Advertising is an IP animal

Article Abstract:

The use of trademarks in advertising raises important legal issues, especially if a competitor's trademark is involved. Despite the close links between advertising and trademarks, ad agencies rarely seek such protection for their slogans and other creations. Trademarks play four roles in advertising: as trade dress, to identify or reinforce product or service identities, as slogans, or in comparative advertising. Tarnishment, dilution, infringement, and other legal aspects are discussed.

Advertising, Intellectual property

Similar abstracts:

• Abstracts: Freedom to provide services - prohibition of dissemination of information about hospitals in other member states that perform abortions
• Abstracts: Plan loan note can be transferred as part of a direct rollover without adverse tax consequences to plan participants
• Abstracts: U.K. reforms its transfer pricing rules; legislation, sparked by self-assessment, calls for taxpayers to figure arm's-length prices on their own
• Abstracts: Issues facing directors in corporate groups. Directors' duties to prevent insolvent trading. Farewell to the sleeping director - the modern judicial and legislative approach to directors' duties of care, skill and diligence
• Abstracts: Financial markets and human capital - New evaluation norms and auditing practices needed. The firm and the fulfillment of a new humanism: Critical reflections

This website is not affiliated with document authors or copyright owners. This page is provided for informational purposes only. Unintentional errors are possible.