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Distinctiveness
Trademark distinctiveness is an important concept in the law governing trademarks and service marks. A trademark may be eligible for registration, or registrable, if it performs the essential trademark function, and has distinctive character. Registrability can be understood as a continuum, with "inherently distinctive" marks at one end, "generic" and "descriptive" marks with no distinctive character at the other end, and "suggestive" and "arbitrary" marks lying between these two points. "Descriptive" marks must acquire distinctiveness through secondary meaning—consumers have come to recognize the mark as a source indicator—to be protectable. "Generic" terms are used to refer to the product or service itself and cannot be used as trademarks. The spectrum of distinctiveness In United States trademark law, Abercrombie & Fitch Co. v. Hunting World 537 F.2d 4 (2nd Cir. 1976) established the spectrum of trademark distinctiveness in the US, breaking trademarks into classes wh ... [...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] |
United States 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 United States Patent and Trademark Office, 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 wa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Generic Trademark
A generic trademark, also known as a genericized trademark or proprietary eponym, is a trademark or brand name that, because of its popularity or significance, has become the generic term for, or synonymous with, a general class of products or services, usually against the intentions of the trademark's owner. A trademark is said to become ''genericized''—or, informally, to have suffered ''genericide''—when it begins as a distinctive product identifier but changes in meaning to become generic. This typically happens when the products or services which the trademark is associated with have acquired substantial market dominance or mind share, such that the primary meaning of the genericized trademark becomes the product or service itself rather than an indication of source for the product or service. A trademark thus popularised has its legal protection at risk in some countries such as the United States and United Kingdom, as its intellectual property rights in the trademark ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Service Mark
A service mark or servicemark is a trademark used in the United States and several other countries to identify a service rather than a product. When a service mark is federally registered, the standard registration symbol ® or "Reg U.S. Pat & TM Off" may be used (the same symbol is used to mark registered trademarks). Before it is registered, it is common practice (with some legal standing) to use the service mark symbol ℠ (a superscript SM). Usage A service mark differs from a trademark in that the mark is used on the advertising of the service rather than on the packaging or delivery of the service, since there is generally no "package" to place the mark on, which is the practice for trademarks. For example, a private carrier can paint its service mark on its vehicles, such as on planes or buses. Personal service providers can place their service marks on their delivery vehicles, such as on the trucks of plumbers or on moving vans. However, if the service deals ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cyberpunk
Cyberpunk is a subgenre of science fiction in a dystopian futuristic setting that tends to focus on a "combination of lowlife and high tech", featuring futuristic technological and scientific achievements, such as artificial intelligence and cybernetics, juxtaposed with societal collapse, dystopia or decay. Much of cyberpunk is rooted in the New Wave science fiction movement of the 1960s and 1970s, when writers like Philip K. Dick, Michael Moorcock, Roger Zelazny, John Brunner, J. G. Ballard, Philip José Farmer and Harlan Ellison examined the impact of drug culture, technology, and the sexual revolution while avoiding the utopian tendencies of earlier science fiction. Comics exploring cyberpunk themes began appearing as early as Judge Dredd, first published in 1977. Released in 1984, William Gibson's influential debut novel ''Neuromancer'' helped solidify cyberpunk as a genre, drawing influence from punk subculture and early hacker culture. Other influential cyberpunk ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Geographical Indication
A geographical indication (GI) is a name or sign used on products which corresponds to a specific geographical location or origin (e.g., a town, region, or country). The use of a geographical indication, as an indication of the product's source, is intended as a certification that the product possesses certain qualities, is made according to traditional methods, or enjoys a good reputation due to its geographical origin. Article 22.1 of the TRIPS Agreement defines geographical indications as ''"...indications which identify a good as originating in the territory of a Member f the World Trade Organization or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin."'' ''Appellation d'origine contrôlée'' ('Appellation of origin') is a sub-type of geographical indication where quality, method, and reputation of a product originate from a strictly defined area specified in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
North Pole
The North Pole, also known as the Geographic North Pole or Terrestrial North Pole, is the point in the Northern Hemisphere where the Earth's axis of rotation meets its surface. It is called the True North Pole to distinguish from the Magnetic North Pole. The North Pole is by definition the northernmost point on the Earth, lying antipodally to the South Pole. It defines geodetic latitude 90° North, as well as the direction of true north. At the North Pole all directions point south; all lines of longitude converge there, so its longitude can be defined as any degree value. No time zone has been assigned to the North Pole, so any time can be used as the local time. Along tight latitude circles, counterclockwise is east and clockwise is west. The North Pole is at the center of the Northern Hemisphere. The nearest land is usually said to be Kaffeklubben Island, off the northern coast of Greenland about away, though some perhaps semi-permanent gravel banks lie slightly clos ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ice Cream
Ice cream is a sweetened frozen food typically eaten as a snack or dessert. It may be made from milk or cream and is flavoured with a sweetener, either sugar or an alternative, and a spice, such as cocoa or vanilla, or with fruit such as strawberries or peaches. It can also be made by whisking a flavored cream base and liquid nitrogen together. Food coloring is sometimes added, in addition to stabilizers. The mixture is cooled below the freezing point of water and stirred to incorporate air spaces and to prevent detectable ice crystals from forming. The result is a smooth, semi-solid foam that is solid at very low temperatures (below ). It becomes more malleable as its temperature increases. The meaning of the name "ice cream" varies from one country to another. In some countries, such as the United States, "ice cream" applies only to a specific variety, and most governments regulate the commercial use of the various terms according to the relative quantities of the main in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Houston, Texas
Houston (; ) is the most populous city in Texas, the most populous city in the Southern United States, the fourth-most populous city in the United States, and the sixth-most populous city in North America, with a population of 2,304,580 in 2020. Located in Southeast Texas near Galveston Bay and the Gulf of Mexico, it is the seat and largest city of Harris County and the principal city of the Greater Houston metropolitan area, which is the fifth-most populous metropolitan statistical area in the United States and the second-most populous in Texas after Dallas–Fort Worth. Houston is the southeast anchor of the greater megaregion known as the Texas Triangle. Comprising a land area of , Houston is the ninth-most expansive city in the United States (including consolidated city-counties). It is the largest city in the United States by total area whose government is not consolidated with a county, parish, or borough. Though primarily in Harris County, small portions of the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Vox Media
Vox Media, Inc. is an American mass media company based in Washington, D.C., and New York City. The company was established in November 2011 by Jim Bankoff and Trei Brundrett to encompass ''SB Nation'' (a sports blog network founded in 2005 by Tyler Bleszinski, Markos Moulitsas, and Jerome Armstrong) and ''The Verge'' (a technology news website launched alongside Vox Media). Bankoff had been the CEO for ''SB Nation'' since 2009. Vox Media owns editorial brands, primarily ''The Verge'', ''Vox (website), Vox'', ''SB Nation'', ''Eater (website), Eater'', ''Polygon (website), Polygon'', and ''New York (magazine), New York''. ''New York'' further incorporates the websites ''Intelligencer'', ''The Cut'', ''Vulture'', ''The Strategist'', ''Curbed'', and ''Grub Street''. The former ''Recode'' was integrated into ''Vox'', while ''Racked'' was shut down. Vox Media's brands are built on Concert, a marketplace for advertising, and Chorus, its Proprietary software, proprietary content manage ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Polygon (website)
''Polygon'' is an American entertainment website that publishes blogs, reviews, guides, videos, and news primarily covering video games, as well as movies, comics, television and books. At its October 2012 launch as Vox Media's third property, ''Polygon'' sought to distinguish itself from competitors by focusing on the stories of the people behind the games instead of the games themselves. It also produced long-form magazine-style feature articles, invested in video content, and chose to let their review scores be updated as the game changed. The site was built over the course of ten months, and its 16-person founding staff included the editors-in-chief of the gaming sites ''Joystiq'', '' Kotaku'' and '' The Escapist''. Its design was built to HTML5 responsive standards with a pink color scheme, and its advertisements focused on direct sponsorship of specific kinds of content. Vox Media produced a documentary series on the founding of the site. History The gaming blog ''Poly ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sony Music
Sony Music Entertainment (SME), also known as simply Sony Music, is an American multinational music company. Being owned by the parent conglomerate Sony Group Corporation, it is part of the Sony Music Group, which is owned by Sony Entertainment and managed by the American umbrella division of Sony. It was originally founded in 1929 as American Record Corporation and renamed as Columbia Recording Corporation in 1938, following its acquisition by the Columbia Broadcasting System. In 1966, the company was reorganized to become CBS Records, and Sony Corporation bought the company in 1988, renaming it under its current name in 1991. In 2004, Sony and Bertelsmann established a 50-50 joint venture known as Sony BMG, which transferred the businesses of Sony Music and Bertelsmann Music Group into one entity. However, in 2008, Sony acquired Bertelsmann's stake, and the company reverted to the Sony Music name shortly after; the buyout allowed Sony to acquire all of BMG's labels, which ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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