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Trade Dress
Trade dress is the characteristics of the visual appearance of a product or its packaging (or even the design of a building) that signify the source of the product to consumers. Trade dress is an aspect of trademark law, which is a form of intellectual property protection law. Overview Trade dress is an extension of trademark protection to " e design and shape of the materials in which a product is packaged, rimarily 'Product configuration,' the design and shape of the product itself, may also be considered a form of trade dress." Product configuration applies particularly to situations where the product can be seen within the packaging (''e.g.'' a toy car sold in packaging that operates as a shadow box for commercial display within—the collective look it creates is trade dress), or where the packaging is part of the product (''e.g.'' the bottle of a soft drink, along with its visible contents, are trade dress, though the bottle is actually part of the product that retains i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trademark Law
A trademark (also written trade mark or trade-mark) is a type of intellectual property consisting of a recognizable sign, design, or expression that identifies products or services from a particular source and distinguishes them from others. The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. Trademarks used to identify services are sometimes called service marks. The first legislative act concerning trademarks was passed in 1266 under the reign of Henry III of England, requiring all bakers to use a distinctive mark for the bread they sold. The first modern trademark laws emerged in the late 19th century. In France, the first comprehensive trademark system in the world was passed into law in 1857. The Trade Marks Act 1938 of the United Kingdom changed the system, permitting registration based on "intent-to-use", creating an examination based process, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fashion Design Copyright
Although elements of fashion design copyright may be traced in Europe to as early as the 15th century, as of 2016 most countries (including the United States and the United Kingdom) fashion design does not have the same protection as other creative works (art, film, literature, etc.), because apparel (clothes, shoes, handbags, etc.) are classified as "functional items", excluded from protection by copyright laws. This explains the success of the knockoff businesses to the detriment of both the established labels, as well as of emerging designers, the latter ones being especially damaged, because they rely on relatively few designs."What are the consequences of copycats?" by Helena Pike, March 14, 2016, ''Business of Fashion'' |
Trademark Infringement
Trademark infringement is a violation of the exclusive rights attached to a trademark without the authorization of the trademark owner or any licensees (provided that such authorization was within the scope of the licence). Infringement may occur when one party, the "infringer", uses a trademark which is identical or confusingly similar to a trademark owned by another party, in relation to products or services which are identical or similar to the products or services which the registration covers. An owner of a trademark may commence civil legal proceedings against a party which infringes its registered trademark. In the United States, the Trademark Counterfeiting Act of 1984 criminalized the intentional trade in counterfeit goods and services. If the respective marks and products or services are entirely dissimilar, trademark infringement may still be established if the registered mark is well known pursuant to the Paris Convention. In the United States, a cause of actio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Geschmacksmuster
Under German law, the registered design (German: ''eingetragenes Design''), formerly called ''Geschmacksmuster'' ("aesthetic model"), is a form of intellectual property that extends industrial design rights over the visual design of objects that is not purely utilitarian. The term of a ''Geschmacksmuster'' is twenty-five years (§ 27 (2) GeschmMG), as it is for a community design. See also * Design patent * ''Deutsches Patent- und Markenamt'' (German Patent and Trade Mark Office) * EU Directive on the legal protection of designs * ''Gebrauchsmuster'' (German utility model) *Trade dress Trade dress is the characteristics of the visual appearance of a product or its packaging (or even the design of a building) that signify the source of the product to consumers. Trade dress is an aspect of trademark law, which is a form of intelle ... References External links Designsat the ''Deutsches Patent- und Markenamt'' (German Patent and Trade Mark Office) *Deutsches Geschmacksmustergese ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States District Court For The District Of Oregon
The United States District Court for the District of Oregon (in case citations, D. Ore. or D. Or.) is the federal district court whose jurisdiction comprises the state of Oregon. It was created in 1859 when the state was admitted to the Union. Appellate jurisdiction belongs to the United States Court of Appeals for the Ninth Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the Federal Circuit). Matthew P. Deady served as its first judge. Marco A. Hernandez is the current chief judge. The United States Attorney's Office for the District of Oregon represents the United States in civil and criminal litigation in the court. , the United States Attorney is Natalie K. Wight. Organization The court has four divisional offices within the state (three with staff): Portland, Eugene, Medford, and Pendleton. The Portland Division holds court at the Mark O. Hatfield United States Courthouse and handles cases ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
SuicideGirls
SuicideGirls is an online community-based website that revolves around pin-up photography sets of models known as the Suicide Girls. The website was founded in 2001 by Selena Mooney ("Missy Suicide") and Sean Suhl ("Spooky"). Most of the site is accessible only to paying members. It offers members access to images provided by models and photographers worldwide, as well as personal profiles, blogging platforms, and the option to join numerous groups based upon different interests. There is also an online merchandise store offering a range of clothing, books, and DVDs. Suicide Girls have appeared in a variety of media outlets including television shows and music videos. They have also been portrayed by actresses in others, such as the character Dani California on the TV show ''Californication''. History In 2001, Mooney returned to Portland, Oregon to study photography after working as director of technology at Ticketmaster. Inspired by Bunny Yeager, Mooney began photographing ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States District Court For The Western District Of Washington
The United States District Court for the Western District of Washington (in case citations, W.D. Wash.) is the federal district court whose jurisdiction comprises the following counties of the state of Washington: Clallam, Clark, Cowlitz, Grays Harbor, Island, Jefferson, King, Kitsap, Lewis, Mason, Pacific, Pierce, San Juan, Skagit, Skamania, Snohomish, Thurston, Wahkiakum, and Whatcom. Its courthouse, built in 2004, is located at 7th and Stewart in Seattle. As of the 2000 census, 4.6 million people resided in the Western District, representing 78% of the state's population. The district includes the cities of Bellingham, Bremerton, Seattle, Bellevue, Olympia, Vancouver, Everett, and Tacoma, amongst others. Cases from the Western District of Washington are appealed to the United States Court of Appeals for the Ninth Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the Federal Circuit). The ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Look And Feel
In software design, the look and feel of a graphical user interface comprises aspects of its design, including elements such as colors, shapes, layout, and typefaces (the "look"), as well as the behavior of dynamic elements such as buttons, boxes, and menus (the "feel"). The term can also refer to aspects of a non-graphical user interface (such as a command-line interface), as well as to aspects of an API – mostly to parts of an API that are not related to its functional properties. The term is used in reference to both software and websites. Look and feel applies to other products. In documentation, for example, it refers to the graphical layout (document size, color, font, etc.) and the writing style. In the context of equipment, it refers to consistency in controls and displays across a product line. Look and feel in operating system user interfaces serves two general purposes. First, it provides branding, helping to identify a set of products from one company. Second, it ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constructive Notice
Constructive notice is the legal fictionThe phrase "legal fiction" should not be construed to mean that the concept of constructive notice is legally invalid. that signifies that a person or entity should have known, as a reasonable person would have, of a legal action taken or to be taken, even if they have no actual knowledge of it. Overview The doctrine is generally construed with regards to legal notices published, either by posting them at a designated place in a courthouse, or publishing them in a newspaper designated for legal notices. Because both methods of publication are available to the general public (courthouses being open to all members of the general public, and newspapers readily available in public places such as libraries), the person to whom the notice is being issued (even if issued in a generic form, such as "To All Heirs of John Smith, a Resident of Orange County") is considered to have received notice even if they were not actually aware of it. Another use ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Intellectual Property
Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, copyrights, trademarks, and trade secrets. The modern concept of intellectual property developed in England in the 17th and 18th centuries. The term "intellectual property" began to be used in the 19th century, though it was not until the late 20th century that intellectual property became commonplace in the majority of the world's legal systems."property as a common descriptor of the field probably traces to the foundation of the World Intellectual Property Organization (WIPO) by the United Nations." in Mark A. Lemley''Property, Intellectual Property, and Free Riding'', Texas Law Review, 2005, Vol. 83:1031, page 1033, footnote 4. The main purpose of intellectual property law is to encourage the creation of a wide variety of intellectual go ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constructive Use
Although the general English usage of the adjective constructive is "helping to develop or improve something; helpful to someone, instead of upsetting and negative," as in the phrase "constructive criticism," in legal writing ''constructive'' has a different meaning. Description In its usage in law, ''constructive'' means what the law considers something to be, irrespective of the intentions of the relevant actor and irrespective of actual facts. It has also been defined in these terms: "That which exists, not in fact, but as a result of the operation of law. That which takes on a character as a consequence of the way it is treated by a rule or policy of law, as opposed to its actual character." For example: * "Constructive notice" refers to a judicial presumption that a person knows of some fact, because certain acts such as registration with a public agency have occurred, even though the person is actually ignorant of the fact. * "Constructive knowledge" is knowledge that cour ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
