In the search for companies to distinguish themselves from the mass, so called non-traditional trade marks have become increasingly popular, and in particular colour marks. It is now clear that abstract colour marks can be registered as trade marks, and the number of registered colour marks has increased considerably in recent years. However, it remains a lot more uncertain, mainly due to lack of case law, what the extent of colour marks’ scope of protection is. Are colours actually worth protecting? The purpose of this thesis is to examine the scope of protection of registered abstract colour marks from an EU perspective. Through this examination it will also be established whether colours are worth protecting. The essential function of trade marks is to indicate the origin of products. Signs that are capable of being represented graphically and capable of distinguishing goods and services from one undertaking from those of other undertakings can be registered as trade marks. Colours can fulfil these criteria in certain circumstances, however, colours can practically never have distinctive character per se. Instead, they must have acquired distinctive character through use. Since it is quite difficult to register colour marks, a colour mark proprietor should be prepared to have the validity of his trade mark challenged if he issues proceedings for infringement. There are a few national cases from EU Member States that have concerned infringement of colour marks, and in all of these the plaintiff was successful in claiming infringement. Through the decisions in these cases, general legal principles and statements made in literature, the scope of protection of colour marks has been examined. Infringement of a colour mark occurs in three different situations: where there is likelihood of confusion, where there is double identity and where there is dilution of a trade mark with a reputation. Some of the most important findings are that confusingly similar colours include adjacent shades, but in order to prove likelihood of confusion, the infringing colour must probably be perceived by the public as an indication of origin and other signs that appear together with the colour must probably be taken into account, which limits the scope of protection to some extent. However, since colour marks must almost always have acquired distinctive character through use, consumers are used to perceiving that colour as a trade mark in relation to those types of goods/services, and are therefore more likely to do so also when the colour is used by the third party. Furthermore, there have to be an individual assessment in each case in order to determine whether surrounding signs exclude a likelihood of confusion, where all factors should be considered, including the distinctiveness of the colour mark and how clear and prominent the other signs are. In situations of double identity, the infringing sign does not have to be used as a trade mark, which is advantageous for colour mark owners. Furthermore, identical colours can possibly include other shades if they are so similar that the difference is barely perceptible in a direct comparison. Colour marks can often qualify as trade marks with a reputation, since the assessment of whether trade marks have a reputation is similar to the assessment of whether trade marks have acquired distinctive character through use. Trade marks with a reputation has an extended protection meaning that if a third party uses a sign that is identical or similar to a trade mark with a reputation, and that use without due cause takes unfair advantage of, or is detrimental to, the distinctive character or repute of the trade mark, then that use constitutes infringement. This applies both in relation to identical, similar and dissimilar products, however, it will probably only apply in relation to identical or similar products when it comes to colour marks, due to the extensive use of colours in the market. The extended protection could be relevant in particular in situations where likelihood of confusion cannot be proven, because the public does not perceive the infringing sign as a trade mark or because of surrounding prominent signs. This examination shows that the scope of protection of colour marks is not great, it has some weaknesses. However, it is definitely not worthless either, which clearly shows in the fact that the plaintiffs were successful in claiming infringement in all of the infringement cases. By registering a colour as a trade mark, a company can to some extent stop others from using the same or similar colour, and it will also most likely have a discouraging effect. However, some carefulness should still be applied in relation to colour marks, since this is still a very new phenomenon and additional case law can take another direction. But considering how the situation looks today, colours are worth protecting as trade marks.

Overlaps of intellectual property rights are a phenomenon that is not yet fully understood and analyzed; yet it is an increasingly important issue due to development of new hybrid technologies that defy the established structure of the system. Despite the potential adverse effects this phenomenon can have on the integrity of the system, the problem of overlaps has been neglected in judicial and scholarly analyses. This research presents the thesis that all uses of intellectual property rights should be viewed in light of their purposes. In other words, the phenomenon of overlapping intellectual property rights is not a problem per se; instead, it is the use of the rights for incompatible purposes that may be considered objectionable. The analyses use the concept of balance of rights as the measuring rod for assessment of the consequences resulting from use of the overlapping rights. Thus, the dissertation investigates how use of intellectual property rights associated with one segment of the system can affect carefully crafted balance of rights of various stakeholders in an overlapping segment and whether effectiveness of this segment to advance its purposes will be impeded by such use. The analyses are also done with the aim to formulate a uniform answer to identified and potentially objectionable uses of overlapping rights in an attempt to provide the judiciary and law practitioners with analytical framework for resolving disputes involving overlaps in the intellectual property system. An adequate response to the challenge posed by improper use of overlapping intellectual property rights can be found in a properly construed doctrine of misuse of intellectual property rights. Because overlaps in the intellectual property system are a phenomenon that probably cannot be legislated in practical terms, this dissertation advocates adoption of a judicially created doctrine of misuse based on purposive analysis of intellectual property rights.

ABSTRACT The fauna of the Lower Cambrian is far from fully understood, as is the environment of that epoch. Some of the most crucial moments in the history of evolution takes place during this epoch; the Cambrian explosion and the appearance of ecosystems as we know them. That makes it an important period to investigate. Doing so, the Lower Cambrian offers a lot of problems, one of which is that body fossils are seldom preserved. That has often left us with trace fossils to create an image of the Lower Cambrian life, but also some bedrock features such as ripple marks. The main purpose of this work has been to investigate the possibilities of relating the wave lengths and forms of recent wave-generated ripples to fossil ones, and also to evaluate the methods for that kind of comparison. In this case the ripple marks belong to about 520 million year old sandstone formations at the shore of Trolmens strand (Kinnekulle area) and the mine Centralgruvan (Kvarntorp, Kumla). In total eighteen ripple trains from the Lower Cambrian were compared to the recent ripples in the shallow waters of Persbols strand and a somewhat steeper offshore area of Herrängen, northern and southern lake Skagern respectively. After measuring the ripples several methods were used to find a practical and accurate procedure for the Persbols strand area. The conclusion is that, depending on depth and water transparency, a combination of methods should be used. Closest to the shore it was possible to take photos along the entire section from above water level, but because of the water depth further from the shore the aim of measuring the entire distance had to be abandoned. Instead, measurements should be taken with an adequate frequency, in this case every other meter up to one hundred meter from the shore line. As a result of the measured recent ripples three different zones have been distinguished. One is situated 0-3 m from the shore line, or also a water depth down to 20 cm. The ripples in this area have wavelengths between one and four cm. and are asymmetrical, in some cases transforming to symmetrical in the outer part of the zone. It is only in this area, and some very shallow parts outside this zone, catenary ripples can be found. They are built up in the meter closest to the shore. The second zone is situated approximately 3-80 m from the shore, or in areas of 20-80 cm water depth. The wave lengths grow from some 4 to 8 cm as the water depth increases. The ripple form is symmetrical, with the exception of some areas on the lake side of sand banks. Also, ripples with short crests and long throughs seems to dominate this zone. Further out from the shore, more than 80 m, or in waters deeper than 80-100 cm, a third zone appears. The wave lengths are about 10 cm and, without any exceptions, the ripples are, symmetrical. None of the largescale fossil ripple marks were located due to the fact that no measurements further than 100 m from the shore were made. The methods used here will make it possible to determine the environment of formation of the ripple marks, at least within 100 m from the shore, to the degree considered necessary for investigations in Earth science. Furthermore, the depth of water has appeared to be just as an important factor as the distance to the shore.

Overlaps of intellectual property rights are a phenomenon that is not yet fully understood and analyzed; yet it is an increasingly important issue due to development of new hybrid technologies that defy the established structure of the system. Despite the potential adverse effects this phenomenon can have on the integrity of the system, the problem of overlaps has been neglected in judicial and scholarly analyses. This research presents the thesis that all uses of intellectual property rights should be viewed in light of their purposes. In other words, the phenomenon of overlapping intellectual property rights is not a problem per se; instead, it is the use of the rights for incompatible purposes that may be considered objectionable. The analyses use the concept of balance of rights as the measuring rod for assessment of the consequences resulting from use of the overlapping rights. Thus, the dissertation investigates how use of intellectual property rights associated with one segment of the system can affect carefully crafted balance of rights of various stakeholders in an overlapping segment and whether effectiveness of this segment to advance its purposes will be impeded by such use. The analyses are also done with the aim to formulate a uniform answer to identified and potentially objectionable uses of overlapping rights in an attempt to provide the judiciary and law practitioners with analytical framework for resolving disputes involving overlaps in the intellectual property system. An adequate response to the challenge posed by improper use of overlapping intellectual property rights can be found in a properly construed doctrine of misuse of intellectual property rights. Because overlaps in the intellectual property system are a phenomenon that probably cannot be legislated in practical terms, this dissertation advocates adoption of a judicially created doctrine of misuse based on purposive analysis of intellectual property rights.

<p>In the search for companies to distinguish themselves from the mass, so called non-traditional trade marks have become increasingly popular, and in particular colour marks. It is now clear that abstract colour marks can be registered as trade marks, and the number of registered colour marks has increased considerably in recent years. However, it remains a lot more uncertain, mainly due to lack of case law, what the extent of colour marks’ scope of protection is. Are colours actually worth protecting? The purpose of this thesis is to examine the scope of protection of registered abstract colour marks from an EU perspective. Through this examination it will also be established whether colours are worth protecting.</p><p>The essential function of trade marks is to indicate the origin of products. Signs that are capable of being represented graphically and capable of distinguishing goods and services from one undertaking from those of other undertakings can be registered as trade marks. Colours can fulfil these criteria in certain circumstances, however, colours can practically never have distinctive character per se. Instead, they must have acquired distinctive character through use. Since it is quite difficult to register colour marks, a colour mark proprietor should be prepared to have the validity of his trade mark challenged if he issues proceedings for infringement.</p><p>There are a few national cases from EU Member States that have concerned infringement of colour marks, and in all of these the plaintiff was successful in claiming infringement. Through the decisions in these cases, general legal principles and statements made in literature, the scope of protection of colour marks has been examined. Infringement of a colour mark occurs in three different situations: where there is likelihood of confusion, where there is double identity and where there is dilution of a trade mark with a reputation.</p><p>Some of the most important findings are that confusingly similar colours include adjacent shades, but in order to prove likelihood of confusion, the infringing colour must probably be perceived by the public as an indication of origin and other signs that appear together with the colour must probably be taken into account, which limits the scope of protection to some extent. However, since colour marks must almost always have acquired distinctive character through use, consumers are used to perceiving that colour as a trade mark in relation to those types of goods/services, and are therefore more likely to do so also when the colour is used by the third party. Furthermore, there have to be an individual assessment in each case in order to determine whether surrounding signs exclude a likelihood of confusion, where all factors should be considered, including the distinctiveness of the colour mark and how clear and prominent the other signs are.</p><p>In situations of double identity, the infringing sign does not have to be used as a trade mark, which is advantageous for colour mark owners. Furthermore, identical colours can possibly include other shades if they are so similar that the difference is barely perceptible in a direct comparison.</p><p>Colour marks can often qualify as trade marks with a reputation, since the assessment of whether trade marks have a reputation is similar to the assessment of whether trade marks have acquired distinctive character through use. Trade marks with a reputation has an extended protection meaning that if a third party uses a sign that is identical or similar to a trade mark with a reputation, and that use without due cause takes unfair advantage of, or is detrimental to, the distinctive character or repute of the trade mark, then that use constitutes infringement. This applies both in relation to identical, similar and dissimilar products, however, it will probably only apply in relation to identical or similar products when it comes to colour marks, due to the extensive use of colours in the market. The extended protection could be relevant in particular in situations where likelihood of confusion cannot be proven, because the public does not perceive the infringing sign as a trade mark or because of surrounding prominent signs.</p><p>This examination shows that the scope of protection of colour marks is not great, it has some weaknesses. However, it is definitely not worthless either, which clearly shows in the fact that the plaintiffs were successful in claiming infringement in all of the infringement cases. By registering a colour as a trade mark, a company can to some extent stop others from using the same or similar colour, and it will also most likely have a discouraging effect. However, some carefulness should still be applied in relation to colour marks, since this is still a very new phenomenon and additional case law can take another direction. But considering how the situation looks today, colours are worth protecting as trade marks.</p>

Overlaps of intellectual property rights are a phenomenon that is not yet fully understood and analyzed; yet it is an increasingly important issue due to development of new hybrid technologies that defy the established structure of the system. Despite the potential adverse effects this phenomenon can have on the integrity of the system, the problem of overlaps has been neglected in judicial and scholarly analyses. This research presents the thesis that all uses of intellectual property rights should be viewed in light of their purposes. In other words, the phenomenon of overlapping intellectual property rights is not a problem per se; instead, it is the use of the rights for incompatible purposes that may be considered objectionable. The analyses use the concept of balance of rights as the measuring rod for assessment of the consequences resulting from use of the overlapping rights. Thus, the dissertation investigates how use of intellectual property rights associated with one segment of the system can affect carefully crafted balance of rights of various stakeholders in an overlapping segment and whether effectiveness of this segment to advance its purposes will be impeded by such use. The analyses are also done with the aim to formulate a uniform answer to identified and potentially objectionable uses of overlapping rights in an attempt to provide the judiciary and law practitioners with analytical framework for resolving disputes involving overlaps in the intellectual property system. An adequate response to the challenge posed by improper use of overlapping intellectual property rights can be found in a properly construed doctrine of misuse of intellectual property rights. Because overlaps in the intellectual property system are a phenomenon that probably cannot be legislated in practical terms, this dissertation advocates adoption of a judicially created doctrine of misuse based on purposive analysis of intellectual property rights.

From September 2005 to March 2006 a zoo study was performed with one male and two female rhinos at Orana Wildlife Park in Christchurch. The study had two aims: (1) to assess whether faeces from unfamiliar rhinos carry information that influences the behaviour of adult rhinos in a zoo habitat, and (2) to identify olfactory constituents of the faeces that potentially stimulate the change in behaviour. Faeces samples were collected from seven male, female, and juvenile rhinos residing at Hamilton and Auckland zoos and from one male rhino held in a separate enclosure at Orana Park. From each sample type six individual samples of 2 kg each were collected. The samples were put in plastic bags and kept frozen at -1O℃. As controls, samples from peat, peat with testosterone, and heated faeces were used. An individual thawed sample was presented at a time to the subjects by placing it into the enclosure. Behaviour and positions of the subjects was monitored for 3 h. In addition weather data was collected. Each exposure test of one sample type consisted of at least six observation sessions during which one two-kg dung specimen was presented to the subjects in the Orana Park enclosure. Each session consisted of nine trial periods of 15 min, during which each subject was observed individually and all actions ofthe animal were recorded. There was a strong response of the subjects to faeces from male donors. The bull reacted with increased frequency of spray urinating. The bull habituated to the faecal stimulus within about an hour. Other strongly affected behaviour categories of all subjects included smelling the ground, scanning, and walking. The distance between the subjects and frequency of synchronous behaviour of the subjects was affected by various samples to a lesser degree. Correlation of faecal compounds with territorial behaviour activities and chemical analysis identified possible signalling compounds such as esters of low molecular weight fatty acids (propanoic, butanoic, and pentanoic acids) and perhaps testosterone and terpenoids. Even simulated control samples consisting of peat impregnated with testosterone initiated some response. Overall, faecal scent marks were found to stimulate multifaceted behavioural effects of captive white rhinoceros. Chemical analyses of faeces identified new olfactory components not previously attributed to male faeces, and which could act as male signalling compounds.

Thesis (M.S.)--Georgia Southern University, 2007. / "A thesis submitted to the Graduate Faculty of Georgia Southern University in partial fulfillment of the requirements for the degree Master of Fine Arts." Under the direction of Patricia Walker. ETD. Electronic version approved: December 2007. Includes bibliographical references (p. 55-56) and appendix.

Thesis (B.S.)--University of Missouri, School of Mines and Metallurgy, 1913. / The entire thesis text is included in file. Typescript. Some illustrations by author. Title from title screen of thesis/dissertation PDF file (viewed April 30, 2009) Includes bibliographical references.

Thesis--Freie Universität, Berlin. / Extra t.p. with thesis statement. Includes bibliographical references (p. 388-415).