Featured Research

from universities, journals, and other organizations

New Formula For Trade Mark Protection Urged

Date:
May 18, 2009
Source:
University of Leicester
Summary:
Trade mark protection serves the needs of trade mark owners well – but to the detriment of others.

Trade mark protection serves the needs of trade mark owners well – but to the detriment of the consuming public and other traders and rivals, says a new study from the University of Leicester.

Related Articles


Doctoral research conducted at the University found that the expanding protection in favour of trade mark owners fails to recognize that trade marks are in essence social and legal entities, and that the misallocation of property rights might result in significant effects on the society.

The study by Mohammad Amin Naser provides evidence that current trade mark legislation in the USA and the UK has departed from the dual protection of owners and the public to the sole protection of trade mark owners.

Dr Naser presented the key findings of his Ph.D. research, calling for a new formula for trade mark protection at a Doctoral Inaugural Lecture this month..

Dr Naser said: “My research re-examines the functions of trade marks, and argues that the origin function should be the only primary function of trade marks; accordingly this function should be the only standard for infringement.

“As a practical proposition, this function is able to provide extra protection for owners of well-known trade marks in cases which confuse the public as to the origin and source of the goods or services on which the mark is affixed.

“This new formula should provide protection for trade mark owners, the consuming public, and other traders and rivals.”

As a result, Dr Naser said the suggested new formula ensures that monopoly shall not be a result from trade mark protection, and opens the door for non-confusing uses by other traders and rivals which promotes an environment of free and fair competition. As such, trade marks are factors contributing to the achievement of a just and attractive culture.

The significance of the research, according to Dr Naser, is its impact over the right of free speech as a fundamental human right. The suggested approach considers that one from amongst the rights of public, should be the right to use trade marks in cultural and expressive contexts, whereby the public are entitled to parodistic and satirical uses of marks, which they have contributed in their creation.


Story Source:

The above story is based on materials provided by University of Leicester. Note: Materials may be edited for content and length.


Cite This Page:

University of Leicester. "New Formula For Trade Mark Protection Urged." ScienceDaily. ScienceDaily, 18 May 2009. <www.sciencedaily.com/releases/2009/05/090518103231.htm>.
University of Leicester. (2009, May 18). New Formula For Trade Mark Protection Urged. ScienceDaily. Retrieved December 17, 2014 from www.sciencedaily.com/releases/2009/05/090518103231.htm
University of Leicester. "New Formula For Trade Mark Protection Urged." ScienceDaily. www.sciencedaily.com/releases/2009/05/090518103231.htm (accessed December 17, 2014).

Share This


More From ScienceDaily



More Science & Society News

Wednesday, December 17, 2014

Featured Research

from universities, journals, and other organizations


Featured Videos

from AP, Reuters, AFP, and other news services

UN: Up to One Million Facing Hunger in Ebola-Hit Countries

UN: Up to One Million Facing Hunger in Ebola-Hit Countries

AFP (Dec. 17, 2014) Border closures, quarantines and crop losses in West African nations battling the Ebola virus could lead to as many as one million people going hungry, UN food agencies said on Wednesday. Duration: 00:52 Video provided by AFP
Powered by NewsLook.com
Los Angeles Police To Receive 7,000 Body Cameras

Los Angeles Police To Receive 7,000 Body Cameras

Newsy (Dec. 17, 2014) Los Angeles Mayor Eric Garcetti announced the cameras will be distributed starting Jan. 1. Video provided by Newsy
Powered by NewsLook.com
Ivory Trade Boom Swamps Law Efforts

Ivory Trade Boom Swamps Law Efforts

Reuters - Business Video Online (Dec. 17, 2014) Demand for ivory has claimed the lives of tens of thousands of African elephants and now a conservation report says the illegal trade is overwhelming efforts to enforce the law. Amy Pollock reports. Video provided by Reuters
Powered by NewsLook.com
Indictments in West Virginia Chemical Spill Case

Indictments in West Virginia Chemical Spill Case

AP (Dec. 17, 2014) A grand jury indicted four former executives of Freedom Industries, the company at the center of the Jan. 9, 2014 chemical spill in Charleston, West Virginia. The spill contaminated the Elk River and the water supply of 300,000 people. (Dec. 17) Video provided by AP
Powered by NewsLook.com

Search ScienceDaily

Number of stories in archives: 140,361

Find with keyword(s):
Enter a keyword or phrase to search ScienceDaily for related topics and research stories.

Save/Print:
Share:

Breaking News:

Strange & Offbeat Stories


Science & Society

Business & Industry

Education & Learning

In Other News

... from NewsDaily.com

Science News

Health News

Environment News

Technology News



Save/Print:
Share:

Free Subscriptions


Get the latest science news with ScienceDaily's free email newsletters, updated daily and weekly. Or view hourly updated newsfeeds in your RSS reader:

Get Social & Mobile


Keep up to date with the latest news from ScienceDaily via social networks and mobile apps:

Have Feedback?


Tell us what you think of ScienceDaily -- we welcome both positive and negative comments. Have any problems using the site? Questions?
Mobile: iPhone Android Web
Follow: Facebook Twitter Google+
Subscribe: RSS Feeds Email Newsletters
Latest Headlines Health & Medicine Mind & Brain Space & Time Matter & Energy Computers & Math Plants & Animals Earth & Climate Fossils & Ruins