Vigeland and the Status of Cultural Concerns in Trade Mark Law – The EFTA Court Develops More Effective Tools for the Preservation of the Public Domain

Senftleben, Martin

doi:10.1007/s40319-017-0621-y

Cited by 6 publications

(2 citation statements)

References 10 publications

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“…This, in turn, will thwart the objective to provide entirely free source material for follow-on innovation. To the extent to which trademark rights prevent remix and reuse in the cultural domain, 85 the design at issue will not fall into the public domain. From a broader public policy perspective, it can thus be consistent to exclude outstanding product design from trademark protection.…”

Section: Impact Of Aesthetic Functionalitymentioning

confidence: 99%

Signs Eligible for Trademark Protection in the European Union

Senftleben¹

2020

The Cambridge Handbook of International and Comparative Trademark Law

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Section: Impact Of Aesthetic Functionalitymentioning

confidence: 99%

Signs Eligible for Trademark Protection in the European Union

Senftleben¹

2020

The Cambridge Handbook of International and Comparative Trademark Law

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“…This attitude towards the starting culture and the translator's own culture, respectful or contemptuous, reflects a deep-rooted understanding of the cultural status of the culture that the translator represents. Use the root cause [10][11]. In short, the translator's cultural level represents how a certain cultural power and his attitude towards this culture will constrain his language choice in one way or another without the translator's consciousness [12].…”

Section: Introductionmentioning

confidence: 99%

Cultural Status of Translated Literature and Cultural Studies of Translators

2021

IJAID

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Due to the leap-forward development of the country, cultural exchanges at home and abroad are becoming more and more frequent, and studying foreign literature is an important part of communication. Therefore, translation literature has become an essential and important content of cultural exchanges at home and abroad, and the cultural status of translators Must be raised. Although all kinds of scientific software can be translated in real time, the translation content is rigid and difficult to understand and confuse. How to make the translation content more vivid and more realistic and in line with the national culture. This requires us to deal with how to treat translated literature. Cultural status and cultural diversity of translators. This article mainly studies the cultural status of translator literature and the culture of translators. First of all, the method of data collection and comparison is used to analyze the translation of 50 cultural masterpieces in the past ten years. Income and treatment of readers in the past ten years, and readers 'responses. Based on big data, cluster analysis is used to conduct analysis and research, establish a three-dimensional data comparison model, analyze related data, and experimental data show that the cultural status of translated literature in the past ten years. It has increased by 68.6%, and the cultural literacy of translators has been improved. The readers 'satisfaction with translated foreign masterpieces has increased by 95.2% compared with ten years ago. The data in this article fully illustrate the importance of improving the literary status of translators and the cultural literacy of translators.

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Bad Faith, Public Policy and Morality: How Open Concepts Shape Trade Mark Protection

Davis

Zelechowski

2023

IIC

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The grounds for refusal or invalidity relating to trade marks filed in bad faith or being contrary to public policy or accepted principles of morality are based entirely on undefined concepts and require a value judgement to be made by the adjudicating authorities. This openness has led to the exploration of new lanes for these grounds in case law beyond the traditional scope of their application. This paper examines how the flexibility of the concepts at hand has led to considerable uncertainty in assessing whether a particular mark is registered in bad faith or offends against morality and public policy – and in some cases both. In particular, the objective, consistent viewpoint of the average consumer, which is normally applied in other areas of trade mark law, appears to be exiled from the analysis in these cases. In the case of bad faith, the assessment involves a subjective element, as there is a mandatory requirement that there should be bad faith intent on the part of the applicant. The paper argues that much of the uncertainty as to when bad faith applies could be overcome by adopting an objective viewpoint in its assessment. By contrast, the assessment of the offence against morality remains objective. It is based on the perception of a model member of society with average thresholds of sensitivity and tolerance who does not always overlap with the average consumer of the goods covered by a trade mark application. Infringement of public policy is also objective and is linked with offence against the “top-down” rules laid down by the public authority.

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Vigeland and the Status of Cultural Concerns in Trade Mark Law – The EFTA Court Develops More Effective Tools for the Preservation of the Public Domain

Cited by 6 publications

References 10 publications

Signs Eligible for Trademark Protection in the European Union

Signs Eligible for Trademark Protection in the European Union

Cultural Status of Translated Literature and Cultural Studies of Translators

Bad Faith, Public Policy and Morality: How Open Concepts Shape Trade Mark Protection

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