Download PDF by Roger Shuy: Linguistic Battles in Trademark Disputes

By Roger Shuy

ISBN-10: 023055475X

ISBN-13: 9780230554757

ISBN-10: 0333997581

ISBN-13: 9780333997581

Battles over wisdom, authority, and gear are usually fought whilst diversified fields handle an identical matters. This booklet takes a big step in the direction of exhibiting how fairly diverse fields, legislation and linguistics, can interact successfully in trademark instances. After providing the fundamentals of every box, readers are proven how linguistics used to be utilized in ten trademark proceedings, 5 of which had opposing linguists on both sides. ultimately, priceless feedback are given to either linguists and attorneys.

Show description

Read or Download Linguistic Battles in Trademark Disputes PDF

Similar administrative law books

Download e-book for kindle: Structural Change in the Farming Sectors in Central and by Csaba Csaki, Zvi Lerman

Farm constructions in principal and japanese Europe (CEE) at the present time hide a complete spectrum of kinds, which come with small subsistence-oriented loved ones plots, medium-sized advertisement relations farms, and massive organizations. the rural area in CEE certainly has now not embraced the kin farm because the dominant farming constitution, hence confounding the unique expectancies of Western specialists.

Download PDF by National Aeronautics and Space Administration: NASA's Contributions to Aeronautics (Volumes 1 And 2)

Observe: NO additional FOR THIS PRINT PRODUCT-- OVERSTOCK SALE -- considerably decreased checklist rate  Aviation fans, area scientists, and plane mechanics should be drawn to this source set.  considering that its construction, NASA has progressively complex flight in the surroundings, many times influencing aviation's evolution by means of extending the wealthy legacy of its predecessor, the nationwide Advisory Committee for Aeronautics or NACA.

Claus-Dieter Ehlermann, Isabela Atanasiu's European Competition Law Annual 2002 (European Competition PDF

The ecu festival legislation Annual 2002 is the 7th in a sequence of volumes following the yearly workshops on ecu pageant legislation and coverage held on the Robert Schuman Centre of the ecu college in Florence. the quantity reproduces the fabrics of the roundtable debate that happened on the 7th Workshop.

Download e-book for kindle: Pesticide Regulation and the Endangered Species Act by Kenneth D. Racke, Bernalyn McGaughey, James Cowles, Tilghman

Content material: Pesticide rules and endangered species : relocating from stalemate to strategies coverage and technique concerns -- Federal corporation views on ESA technique, matters and capability advancements -- The Endangered Species Act : interfacing with agricultural and normal ecosystems -- Growers, insecticides and endangered species: results of a stakeholder workshop -- enhancing the endangered species act pesticide session procedure -- kingdom pesticide regulatory employer function in powerful esa implementation -- California pesticide use information and endangered species case stories : registration and registration evaluation -- Cranberry pest administration and karner blue butterfly security : a Wisconsin case examine -- Endangered species exams performed below registration evaluate : fomesafen case examine -- FIFRA registration evaluate and the endangered species act : clomazone case learn : case experiences : endangered salmon tests -- Use of straightforward movement modeling the right way to determine the capability dangers of malathion to salmonids -- Use of the joint chance distribution research for overview of the aptitude dangers of dimethoate to aquatic endangered species -- A GIS-based method of quantifying pesticide use website proximity to salmonid habitat -- Ecological chance review for salmon utilizing spatially and temporally specific publicity modeling: relocating ahead : medical evaluation advances -- developments in endangered species act results decision for pesticide registration activities -- info caliber, reliability, and relevance criteria for ecological probability evaluate : techniques for advancements to pesticide legislation in compliance with the Endangered Species Act -- A causal/risk research framework for informing endangered species jeopardy experiences for insecticides -- Demography and modeling to enhance pesticide threat evaluate of endangered species -- attention of nontraditional endpoints within the evaluate of ecological danger below the endangered species act -- using at-risk species info to maintain biodiversity and streamline decision-making -- utilizing gis to evaluate pesticide publicity to threatened and endangered species for ecological possibility evaluation -- improvement of a spatial-temporal co-occurrence index to guage relative pesticide hazards to threatened and endangered species -- Use of risk-based spray glide buffers for cover of non-target components : conclusions and suggestions -- concepts for advancements to pesticide legislation in compliance with the endangered species act.

Extra info for Linguistic Battles in Trademark Disputes

Sample text

Some arguments exist over suggestive names, but if suggestivity can be shown to be present in the product’s title, such challenges usually fail. The prefix, “omni-,” for example, is defined in most dictionaries as Latin-based, meaning “all,” found in such words as “omniscient,” “omnivorous,” and others. It has a nice ring to it and is a likely candidate for a trademark. This indeed happened. Omni Hotels registered the name as a trademark in 1984, having used it since 1975. But then along came the Omni Travel Agency in Virginia, and Omni Travel Inc.

Some relevant parts of the Lanham Act include the following passages: No trademark by which the goods of the applicant may be distinguished from the goods of others shall be refused registration on the principal register on account of its nature unless . . (e) it consists of a mark which, (1) when applied to the goods of the applicant is merely descriptive or deceptively misdescriptive of them . . ” Rephrased positively, these words mean that a protected mark must be more than just a description of the contents of the product or service.

If the public understands that the term identifies or describes the product itself rather than the source of the product, the mark is judged descriptive, not suggestive. Obviously, dictionaries and third party registrations of a mark are evidence of the meaning of a word. Despite these tests to distinguish descriptive from suggestive marks, there remains a large amount of what the courts have called “intuition” in the ultimate judgment. One judge lamented this fact and commented A Very Brief Introduction to Trademarks for Linguists 39 that it would be better to have a logical analysis susceptible of articulation.

Download PDF sample

Linguistic Battles in Trademark Disputes by Roger Shuy

by Joseph

Rated 4.01 of 5 – based on 3 votes