America was one of the largest proponents of the TRIPS agreement, an international agreement regarding intellectual property protection, and is arguably the reason this agreement exists. With 16 of the 34 disputes involving TRIPS at the WTO stemming from complaints filed by the United States, we are heavily invested in enforcing the treaty. ou would think someone so quick to point out others TRIPS treaty violations would make scrupulously sure their own house was in order. At least with respect to famous trademarks, you would be wrong.
Read More... (Famous Marks in America: A Dangerous Void)
| Posted by Daniel W. Cole on Thu. November 13, 2014 4:01 PM
Categories: Intellectual property, Trademarks, United States
Professor Leaffer advocates that the United States (U.S.) should amend its federal Trademark (TM) law to grant “well-known” marks from foreign countries an exception to the territoriality principle. To make his point, Leaffer examines two leading TM cases, Grupo Gigante SA De CV v. Dallo & Co., Inc., and ITC Ltd. v. Punchgini, Inc., sitting on opposite sides of this “territoriality” issue. Leaffer proposes statutorily adopting Article 6bis of the Paris Convention. This would allow U.S. TM protection for “well-known” foreign marks not currently “in use” in the U.S.
Read More... (Your Fame in Spain is Mainly Not Germaine)
| Posted by Daniel R. Hinson (Dan) on Sun. February 26, 2012 12:13 PM
Categories: Intellectual property, Trademarks