TRADE MARKS, DOMAIN NAMES, AND REMEDIES FOR IP INFRINGEMEN PROFESSIONAL ENGLISH IN USE FOR LAW

 

PROFESSIONAL ENGLISH IN USE FOR LAW 43. TRADE MARKS, DOMAIN NAMES, AND REMEDIES FOR IP INFRINGEMEN

 

A Trade marks and domain names Trainees at a law firm have been asked to help prepare a section on Intellectual Property (IP) law for the monthly e-newsletter circulated to clients. Some of their preparatory notes are below. Type of IP interest Trade mark How the interest/ right arises A trade mark, or mark, needs to be registered at the Patent Office to be protected. A trade mark is territorial. It can be a sign including words, symbols, or pictures, or a combination of all these elements. Its function is to represent the goods graphically and distinguish them from other goods. It is essentially a badge of origin enabling customers to recognise a brand. A service mark is the same as a trade mark but it identifies the source of a service. Type of IP interest Domain name How the interest/ right arises Domain names are unique Internet addresses which distinguish one computer from all others connected to the Internet, for example google.com Top level domains (TLD) include two letter country codes (ccTLD) such as .uk and .nl. Generic TLDs (gTLD) include .com, .org, .biz, and .coop. Below these are the second level domain names, for example ‘McDonalds’ in McDonalds.com B Remedies for IP infringement IP rights can be enforced through civil remedies, and may involve criminal sanctions. As a final remedy, the rightholder can obtain financial compensation for losses caused by infringement by choosing between damages or an account of profits which the defendant made from the infringement.   EXERCISES 43.1 Complete the definitions. Look at A and B opposite to help you. 1. _______________ - anything graphic that conveys information, for example numerals, words, letters, packaging, shape of the goods, Etc. 2. _______________- using clear images, lines, characters, musical notation, internationally recognised colours, etc. 3. _______________  _______________- any sign, represented graphically, which is capable of distinguishing the goods or services of one business from others 43.2 Replace the underlined words and phrases in this extract from an advertisement for a short course for lawyers on trade marks with alternative words and phrases from A and B opposite.

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