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Zombie Trademark
A zombie trademark, orphan brand or zombie mark is an abandoned trademark from a brand or company which is revived by a new enterprise with no affiliation to the former brand. The purpose of reviving an abandoned trademark is to capitalize on the brand recognition and goodwill that consumers had for the older, unaffiliated brand. The term "ghost brand" may sometimes be used for these, but this is not to be confused with the alternate usage of "ghost mark" to refer to a kind of defensive trademark. Operating under a zombie trademark can be especially useful to newcomers in an industry who want to reduce the cost and time needed to build up brand recognition and consumer trust, which they can accomplish by linking their products to an older trademark. Consumers may assume that goods and products under the zombie trademark are of the same quality they associate with the old brand. The efficacy of using a zombie trademark to co-opt consumer goodwill is unclear, as some studies have show ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trademark
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, an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Brand Recognition
Brand awareness is the extent to which customers are able to recall or recognize a brand under different conditions. Brand awareness is one of two dimensions from brand knowledge, an associative network memory model. Brand awareness is a key consideration in Consumer Behaviour, consumer behavior, advertising management, and brand management. The consumer's ability to recognize or recall a brand is central to purchasing decision-making. Purchasing cannot proceed unless a consumer is first aware of a product category and a brand within that category. Awareness does not necessarily mean that the consumer must be able to recall a specific brand name, but they must be able to recall enough distinguishing features for purchasing to proceed. Creating brand awareness is the main step in advertising a new product or bringing back the older brand in light. Brand awareness consists of two components: brand recall and brand recognition. Several studies have shown that these two components oper ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ghost Mark
Ghost marks are trademarks which closely simulate ordinary words or phrases used in the course of trade, and which are not intended to be used as genuine trade marks. Examples In the case of ''Imperial Group v. Philip Morris'' 1982 FSR 72, the plaintiff endeavored to register the trade mark "MERIT" for cigarette products, but was unable to do so on the grounds that the trade mark was too descriptive. Instead, it registered the mark "NERIT", without any intention of using the mark, but in order to prevent other traders from using the mark "MERIT" because it would be considered too similar to the registered mark "NERIT". The intention was the obtain a de facto monopoly over the unregisterable mark "MERIT". The defendant began using the mark "MERIT" for cigarettes and was sued by the plaintiff for infringing its mark "NERIT". The court struck down the registration for "NERIT" on the basis that the plaintiff had no genuine intention to use the mark (despite some "trivial and insu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Defensive Trademark
Trademark dilution is a trademark law concept giving the owner of a famous trademark Standing (law), standing to forbid others from using that mark in a way that would lessen its uniqueness. In most cases, trademark dilution involves an unauthorized use of another's trademark on products that do not compete with, and have little connection with, those of the trademark owner. For example, a famous trademark used by one company to refer to hair care products might be ''diluted'' if another company began using a similar mark to refer to breakfast cereals or spark plugs. Dilution is a basis of trademark infringement that applies only to famous marks. With a non-famous mark, the owner of the mark must show that the allegedly infringing use creates a likelihood of confusion as to the source of the product or service being identified by the allegedly infringing use: it is highly unlikely a likelihood of confusion will be found if the products or services are in unrelated markets. With a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 action ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
US Trademark Law
A trademark is a word, phrase, or logo that identifies the source of goods or services. Trademark law protects a business' commercial identity or brand by discouraging other businesses from adopting a name or logo that is "confusingly similar" to an existing trademark. The goal is to allow consumers to easily identify the producers of goods and services and avoid confusion. United States trademark law is mainly governed by the Lanham Act. Common law trademark rights are acquired automatically when a business uses a name or logo in commerce, and are enforceable in state courts. Marks registered with the U.S. Patent and Trademark Office are given a higher degree of protection in federal courts than unregistered marks—both registered and unregistered trademarks are granted some degree of federal protection under the Lanham Act 43(a). History United States law has protected trademarks under state common law since colonial times, but it was not until 1870 that Congress first attem ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lanham Act
The Lanham (Trademark) Act (, codified at et seq. () is the primary federal trademark statute of law in the United States. The Act prohibits a number of activities, including trademark infringement, trademark dilution, and false advertising. History Named for Representative Fritz G. Lanham of Texas, the Act was passed on July 5, 1946, and signed into law by President Harry Truman, taking effect "one year from its enactment", on July 6, 1947. In rare circumstances, a conflict will arise between trademarks that have been in use since before the Lanham Act went into effect, thus requiring the courts to examine the dispute according to the trademark act that existed before the Lanham Act. The Act has been amended several times since its enactment. Its impact was significantly enhanced by the Trademark Counterfeiting Act of 1984, which made the intentional use of a counterfeit trademark or the unauthorized use of a counterfeit trademark an offense under Title 18 of the United Sta ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Australian Trade Mark Law
Australian trade mark law is based on common-law use-based rights as well as the ''Trade Marks Act 1995'' (Cth), which is administered by IP Australia, an Australian government agency within the Department of Industry, Innovation and Science. Use-based rights are less certain than registration, and depend on the mark having developed a reputation in the region in which a business owner seeks to enforce its common-law trade mark. Registration provides advantages such as constructive notice and nationwide rights. Among other things, the ''Trade Marks Act'' defines trade marks (including certification marks and collective marks), what constitutes trademark infringement and defences and exceptions thereto, and (together with the ''Trade Marks Regulations'' 1995 (Cth)) sets out procedures for registration and other proceedings before the Registrar of Trade Marks. The legislation does not codify the law of trade marks in Australia; as a common law jurisdiction, a trade mark owner may ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Havana Club
Havana Club is a brand of rum created in Cuba in 1934. Originally produced in Cárdenas, Cuba, by family-owned José Arechabala S.A., the brand was nationalized after the Cuban Revolution of 1959. In 1993, French-owned Pernod Ricard and the government of Cuba created a state-run 50:50 joint venture called Corporación Cuba Ron. They began exporting this version of Havana Club globally, except for the United States due to the embargo put in place by the U.S. government. Bacardi, another Cuban family that had left Cuba after the Cuban revolution, after purchasing the original Arechabala family Havana Club recipe, also began producing Havana Club Rum in 1994, a competing product made in Puerto Rico and sold in the United States. Bacardi and Pernod Ricard have engaged in ongoing litigation about ownership of the name "Havana Club". Arechabala family history and production The Arechabala family founded a distillery in Cardenas, Cuba in 1878. Later renamed José Arechabala S.A., t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bacardi Rum
Bacardi Limited (; ) is one of the largest privately held, family-owned Distilled beverage, spirits companies in the world. Originally known for its Bacardi brand of white rum, it now has a portfolio of more than 200 brands and labels. Founded in Cuba in 1862 and family-owned for seven generations, Bacardi Limited employs more than 8,000 people with sales in approximately 170 countries. Bacardi Limited is the group of companies as a whole and includes Bacardi International Limited. Bacardi Limited is headquartered in Hamilton, Bermuda, and has a board of directors led by the original founder's great-great grandson, Facundo L. Bacardí, the chairman of the board. History Early history Facundo Bacardi, Facundo Bacardí Massó, a Spanish wine merchant, was born in Sitges, Catalonia, Spain, on October 16, 1814, and emigrated to Santiago de Cuba, Santiago, Cuba, in 1830. At the time, rum was cheaply made and not considered a refined drink, and rarely sold in upmarket taverns or pu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Reputation Parasitism
Reputation parasitism, reputation leeching or credibility leeching is a legal term regarding marketing. It refers to when one advertiser uses another brand A brand is a name, term, design, symbol or any other feature that distinguishes one seller's good or service from those of other sellers. Brands are used in business, marketing, and advertising for recognition and, importantly, to create ...'s good reputation to market his own product. The legal concept of reputation parasitism originates in the Nordic nations. In many places it is illegal to do so. For instance in Sweden it is outlawed according to ''Marknadsföringslagen'' (" Swedish Marketing Act") (1995:450). The Finnish Market Court expanded its interpretation of the Unfair Business Practices Act to treat reputation parasitism as an enforceable violation of fair business practices, bringing Finnish law more closely in line with Swedish law. Examples of reputation parasitism include having a product in a desig ... [...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, and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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