LAW 723 Lecture 4: Law 723 lecture 4
Document Summary
Present, appearing or found everywhere: ex. Jurisdiction based: concurrent use by different unlicensed users prohibited, confers statutory rights, distinctiveness crucial. Domain names: trans-jurisdictional, concurrent use of similar domain names permissible, confers contractual rights, generic or descriptive names desirous. Includes a word, personal name, design, letter, numeral, color, figurative element, 3d shape, hologram, moving image, a mode of packaging goods, a sound, a scent, a taste, a texture, and the positioning of a sign. Social labelling: fair use, no sweatshop, dolphin safe. Private organizations: iso, csa, isl, dairy. Remember certification marks are used by a 3rd party to attest that a standard was met. Distinguishing guise (aka getup) (old defintion) is a: a) shaping of wares of their containers or, b) mode of wrapping or packaging wares. Application to secure a registered mark not yet in use. Creates, protects and dissolves the 53 word and picture marks used in the vancouver winter olympics some 106 word/ symbol/ emblem mark.