CMST 3II3 Lecture Notes - Lecture 9: Uniform Domain-Name Dispute-Resolution Policy, New York Fries, Cybersquatting
4 Dec 2017
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Revisiting the types of things protected: theoretically, anything, including, a: Limits to protection: non-distinctive symbols are not protectives based on the idea that they should be open to use by everyone this includes names unless distinctiveness is acquired over time. Can argue that people have the right to use their own names but can be confusing. Prohibited marks: some marks are prohibited like words associated with the geographic origins of products that have been come to refer to that product in general. E. g. champagne (which is only from speci c region in france) is technically sparkling white wine. Vice vodka: technical designs and patents don"t count lego was denied this. Unregistered trademarks: a right to be free of use of a confusingly similar trademark. Unregistered trademarks: protected under the common law of passing off action: protection requires: Deception of the public due to misrepresentation (intent is irrelevant: covers things like similar markings/business names, similar get up or appearance.
