Management and Organizational Studies 2275A/B Lecture Notes - Lecture 5: Trademark Dilution, Trademark Infringement, Rolex
14 Jun 2018
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TRADEMARKS are words, logos or symbols that distinguish goods or services. They differentiate one
for all others. If the do’t do that the the are ot tradearks
Do’t get it i Mustag ut do get i he its i otet ad applies to goods like Western Mustangs or
Ford Mustangs
Do’t eist i astrat
TRADEMARKS may be registered or unregistered.
In US, famous mark exists: a trademark is so well known, its off the reach. Like Nike cant be used for lets
say real estate. Any use is infringing. This does’t appl i Caada.
Supreme court of Canada rejected one of such cases including the use of word Barbie.
We are more socialistic in Canada vs capitalist in US.
Colours are proteted, soud too. It’s a tradeark ot a oprite. Do’t hae to register a trademark
necessarily. Just using it can make it your trademark as we have right in it. But the rights are limited in
geographical area. Its more local. Cant stop selling that product in another province as its unregistered.
Need registered for that
Registered Trademarks provide:
• Rights of use across Canada
• Protection against a challenge based on prior use after 5 years
• 15 years of protection (renewable)
Which is the longest potential life span for a property? Trademarks last long and can be renewed
indefinitely
Copyrights and patents expire and cant be renewed
Trademark infringement is either
• Passing Off
• Trademark Dilution
Passing off requires:
• Goodwill or reputation in the mark
• Misrepresentation of the public
• Damages
Is there a likelihood of confusion? Need to prove these things for that tort. Fake Rolex or louis Viton.
Yes, its passing off. Goodwill suffers, misrepresentation and damages exist
find more resources at oneclass.com
find more resources at oneclass.com
Trademark dilution involves using a mark in a non-confusing manner that tarnishes another mark or
diminishes its value.
Trade mark dilution example above. Using it in a discouraging manner. Not using it to sell some burgers,
simply to dilute the value in the market if this is put on bill board
Remedies for trademark infringement:
• Damages
• Injunctions
• Accounting of Profits
• Delivering Up
If its tort, entitled to damages
Then equitable remedies
1. No business operations in Mexico by Rolex, you decide to sell it in Mexico, sell 100,000 fake ones
for 5 million, Rolex damages? There damages are actually nothing as they weren't going to do
business there, but they would want an injunction, an order that court says to you to not sell it
there, also you illegally profited, so are going to ask for a profitable portion, also they are going to
want those athes that’s delierig up.
Apple sued “asug for soe ifrigeet, got daages ut did’t sere purpose as the ated
an injunction to put Samsung out of business.
Olpis sped the ost to protet their tradeark. That’s all the hae. The oly have this
trademark through which they earn more, like from Pepsi, the day Pepsi can use their logo in their
ads the o’t gie the illios to adertise for the i Olpis athes
COPYRIGHT protects original literary, artistic, musical and dramatic works.
COPYRIGHT protects against unauthorized copying.
Criteria for valid copyright:
• Original (skill and judgment)
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
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