Protection of trade marks against dilution: a semiotic perspective

Assaf, Katya

doi:10.1093/jiplp/jpp108

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“…With the theory of dilutive harm, non-confusing uses of a famous registered mark can dilute their selling power, eventually leading to a loss of distinctive character and the demise of the mark (Schechter, 1927, p. 825). Especially within the luxury industry, consumers receive both a tangible product and an intangible added value (Assaf, 2009, p. 643). Anti-dilution protection extends the trademark protection (from anti-confusing uses) to brand communication, advertisement, and investment (Welkowitz, 2012; Kur and Senftleben, 2017, p. 183).…”

Section: Trademark Counterfeiting In Civil Litigations: Theoretical G...mentioning

confidence: 99%

Lessons for International Small and Medium-Sized Enterprises from Counterfeiting Civil Litigations in China

Cai

2022

World Trade Review

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This study aims to assess the effect of the 2013 trademark law revision (2013 law revision) on judicial remedies in China. The 2013 law revision increased the remedies Chinese courts can grant to plaintiffs, including small and medium enterprise (SME) plaintiffs, thus leading to higher remedies granted to plaintiffs compared to the past years in prevailing cases. This study finds that right after the law revision, the average amount of judicial remedies granted to plaintiffs increased temporarily. Meanwhile, the detailed judicial reasonings, foreign plaintiffs, and company defendants have stronger positive effects than product types and the year of decisions on the amount of monetary relief. These findings suggest that certain factors in cases may increase the remedies in trademark civil litigation. Therefore, SME plaintiffs should pay attention to core factors for litigation strategies, including preliminary injunctions, choice of defendant, choice of venue, and evidence in remedy collection.

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Section: Trademark Counterfeiting In Civil Litigations: Theoretical G...mentioning

confidence: 99%

Lessons for International Small and Medium-Sized Enterprises from Counterfeiting Civil Litigations in China

Cai

2022

World Trade Review

View full text Add to dashboard Cite

show abstract

Protection of trade marks against dilution: a semiotic perspective

Cited by 1 publication

References 0 publications

Lessons for International Small and Medium-Sized Enterprises from Counterfeiting Civil Litigations in China

Lessons for International Small and Medium-Sized Enterprises from Counterfeiting Civil Litigations in China

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