Resumé Le but de ce mémoire était en particulier de dépeindre la coéxistence de la marque nationale - tchèque et de la marque communautaire et de comparer la reglémentation pertinente. Il sagit de sujet actuel car la quantité de marques déposées enregistrées au niveau européen aussi bien que dans la République tchèque augmente grandement en même façon que de litiges connexes. Avec la coéxistence de ces deux types de marques sur le territoire de la République tchèque il apparaît quelques problémes particuliérs. Le mémoire essaie d'identifier ces problémes et différences de vue de la législation, mais aussi de vue de l'approche pratique. Le mémoire a été divisé en sept chapitres. L'introduction est suivi par les deux chapitres qui parlent des questions générales des marques nationales et aprés des marques communautaires - de la réglementation, l'histoire et l'enregistrement de ces marques. Le troisième chapitre est consacré aux marques en général et les autres signes distinctifs. Le cœur de ce memoire se trouve dans les chapitres quatre et cinq. Le quatrième chapitre remarque les liens entre les deux systèmes de la protection des marques. Il s'agit des instituts spéciaux créés par la legislation européene pendant la procèdure de l'harmonisation de la protection de la propriété industrielle. Ensuite le...

Since Google as the world's largest and most popular search engine encourages Internet users to browse their search results, it is naturally functioning as an advertising vehicle and has turned into the most profitable Internet company in world's history. Google's success, however, has been subject to strong criticism as one of the main concerns is linked to Google AdWords, which reveal keyword-triggered advertisements as well as sponsored links besides unsponsored search results. Courts both in Europe and the United States under different trademark legislation felt forced to address the collision of pre-Internet trademark infringement doctrines with modern technology.  As Google AdWords have changed the way consumers observe Internet advertisements and search engines, the boundaries of trademark law have continuously been pushed forward. This development, thus, raises the question of whether Google AdWords by now are considered to function as trade liberalizer or trade infringer under two different trademark jurisdictions.  What is certain as of now is, that if the current circumstances are to change, courts cannot solely rely on old doctrines to adapt to new situations. Instead, new rules should not be subject to isolated court proceedings by individual instances regarded that jurisdictions of courts are limited by territorial boundaries and Google AdWords have evolved as an element of borderless online sphere. Taking these new challenges into account, this paper argues that addressing trademark issues originated by AdWords will demand an international consideration and coordinated efforts between the EU and the United States to bring forward an international solution.

The purpose of this thesis is to provide comprehensive overview of the obstacles of eligibility for registration of trademarks and analysis of various barriers through the practice of Czech and European courts and also the Industrial Property Office. The basis of the work was to focus on the theoretical level and supplemented and analysis of decision-making practice. Based on ananalysis of key decisions and other can be summarized that the legislation marks reached a significant level. If a person is considering the registration of new trademarks, or an extension of an existing one, it has sufficient amount of relevant information and can avoid fatal errors, that result would be a loss of protection of trademarks or failure to protect the new mark. The work consists of three main chapters. The first chapter is a historical excursion in to legislative developments trademarks and obstacles of eligibility for registration of trademarks. The second chapter defines the basic concepts and categories of the Czech Republic and the European Union. At the conclusion summarizes the advantages of the current approach to assessing eligibility barriers Intellectual Property Office and the estimate of assessing eligibility for registration of trademarks in particular in relation to new types of marks. The third...

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Holders of rights sue ISPs for copyright and trademark infringement: specifically, for contributory liability through the ISP’s knowledge of user infringement. Knowledge about user infringement has been prevalently recognised as a crucial element of ISPs’ secondary liability, but the approaches concerning the knowledge standard are different in US copyright case law (traditional tort), the US Digital Millennium Copyright Act, the US Lanham Act, US trademark case law, and the EU Electronic Commerce Directive. Their differences have posed questions on the efficacy of the current knowledge standards and case law interpretations to omit legal ambiguities and offer appropriate guidance for tackling issues. This research presents that the US knowledge standards and the ECD knowledge standard apply broad knowledge standards to evaluate ISPs’ knowledge but they differ in terms of their elements and conditions for permitting ISPs and copyright holders to co-exist and combat copyright infringement. US copyright case law, the InWood knowledge standard, and the EU knowledge standard are deficient in terms of offering a suitable notice and take-down regime to reduce the duties of ISPs and to tackle the high risk of an ISP being held liable without knowledge. This is in contrast to the DMCA, which is free from such legal concerns because of its specified notice and take-down regime. Consequently, to fulfil the aims of this research, the following recommendations are made: the US copyright knowledge standard should preserve the broad knowledge standard of the DMCA, subject to implementing a compulsory notice and take-down regime, establishing a special body regarding the notification in section 512, and designing technical criteria for the ‘red flag’ test. In addition, it is recommended that the Lanham Act codify the InWood knowledge standard and the DMCA’s notice and take-down procedures. Besides, it is recommended that the ECD establish a notice and take-down regime similar to that applied by the US DMCA (subject to the above amendments).

Resume A relationship between trademark protection and copyright protection under the czech law Both trademarks and copyrights are imovable articles and are parts of intellectual property. A Trademark is stated in the Trademark Code n. 441/2003 as a mark which is used to identify products or services produced by one person (an individual or a legal entity) and distinguish them from products and services produced by another one so that consumers are able to recognize the origin of the products or services. According to the law the mark is a name, word, phrase, logo, symbol, color, design, image, or a combination of these elements, it must be created in graphic form perceptible objectively. The mark must be distinctive, original and it must have a relationship with a product or service. A mark complying with all the above mentioned conditions can be registered at the particular Trademark office and subsequently obtain a trademark certification and protection. A Copyright is protected under the Copyright Law n. 121/2000 as a creative and artistic work created by author's intellectual activity and expressed in a form objectively perceptible. The author has exclusive rights to his work. The rights are divided into exclusive personal and exclusive economy rights. In particular he has a right to be presented as...

The relationship between trademark protection and copyright protection under Czech law Topic of this thesis is "The relationship between trademark protection and copyright protection under Czech law" and this topic describes the goal of the whole work. This thesis is concerned with comparing two of intellectual property rights. To achieve the goal is necessary to clarify some essential terminology. This study consists of three partial aims while this work is divided into four chapters. First chapter deals with intellectual property law in general. This chapter defines basic terms that are closely related to the discussed problems, and that allow to systematically classify and specify the copyrights and trademark rights. Second chapter presents an overview of copyrights and is subdivided into seven parts. Each of them describes problems which are characteristic of copyrights and creates the nature of copyrights. Next chapter is essentially composed in a similar way that the previous chapter. Third chapter explains typical details of trademarks. The last chapter form the core of the thesis. Fourth chapter is focused on description how relates copyright protection to trademark protection. Relationship between these two protections is based both on the convergence and also on collision (conflict)....

This dissertation is a theoretical and historical account of urban sculpture in the U.S. following World War II. The title refers to an example set by corporations during the 1940s and 1950s for commissioning modernist office towers and abstract sculpture that fundamentally shaped the early history of a modern public art in the U.S. This corporate model was taken up by American cities during the 1960s in the construction of new civic centers that combined large-scale, abstract sculpture with glass and steel city office buildings. Federal funding further encouraged new sculpture commissions, which proliferated across the U.S. Emerging theories about visual communication impacted both urban planning and the corporate image during this period, as urban renewal reshaped cities for maximum legibility and corporations commissioned designers to create new trademarks. I argue that these twin aims conditioned the planning, production, and distribution of urban sculpture, whose status oscillated between the landmark within urban planning and the trademark of corporate America, between a concrete city element and an abstract symbol. I tell the history of post-war urban sculpture through three case studies. In the first case study, I examine three significant sculpture commissions for urban building lobbies realized by the architects Skidmore, Owings & Merrill during the 1950s: Harry Bertoia’s screen (1954) at the Manufacturers Trust Company Bank on New York’s Fifth Avenue; Richard Lippold’s Radiant “I” (1958) at the Inland Steel Company Headquarters Building in Chicago; and Alexander Calder’s mobile (1959) for the Chase Manhattan Bank branch at 410 Park Avenue. In the second case study, I trace the parallel trajectories of urban renewal in downtown Grand Rapids, Michigan and Alexander Calder’s fountains and stabiles made for World’s Fairs and international expositions, which intersected in La Grande Vitesse (1969), the National Endowment for the Arts’ first sculpture commission for its Art in Public Places program. In the third case study, I look at three sculptures produced by the fabricator Lippincott Inc., either as a series or in multiple editions, during its first five years of operation: Tony Rosenthal’s cubes (1967-68), Barnett Newman’s Broken Obelisk (1963-67), and Claes Oldenburg’s Geometric Mouse (1969-71). / text

In September 2008, a consignment of pirated batteries, which were marked with Panasonic’s trademark, were retained by Swedish Customs. Panasonic sent a warning letter to the freight forwarding company, Tavatur, demanding it to destroy the batteries through the simplified procedure in (EC) No 1383/2003. However, since Sweden has not implemented the simplified procedure, Tavatur was unable to destroy the batteries without a court order from Sweden. Panasonic therefore sued Tavatur, the legal dispute being what liability freight forwarders have for pirated goods. Due to technical developments within different modes of transport, freight forwarders’ role has changed over the last few decades, from simple duties where the freight forwarder held an intermediary position, to a more independent role in which they now have to be legally classified as either a carrier or an agent. Unfortunately, legal development within multimodal transport has failed to keep pace with the speed of technical development. Bills of Lading, for example, have historically been working as receipts, but due to modern packing techniques, they have lost the normal evidence function they once had. Although there are some international regulations concerning freight forwarding services, they do not extend beyond the countries in which such conditions are used. When a dispute occurs between transport operators, which follow different regulations, the liability of the freight forwarders is unclear. Therefore, freight forwarders are in the need of harmonised legislation, especially concerning their liability for trademark infringements. Nonetheless, there are ways in which freight forwarder can avoid these disputes with right-holders, namely; by protecting themselves with legal cost insurance and via establish their liability through the use of contracts. However, Sweden and other Member States, which have not implemented the simplified procedure, should reconsider an implementation of it.

Trademark counterfeiting is one of the most serious problems ever encountered in China. The Chinese government, recognizing the adverse effects that counterfeiting has had on both foreign investment and the nation's economy, has begun to take steps to protect intellectual property rights. To this end, the nation amended its Trademark Law on 27 October 2001. The aims of the amendment are to improve management of trademarks, to strengthen punishment for infringements, and to further meet the requirements of the TRIPs. Although the new amendment is laudable, eliminating the problem will take time. / This thesis offers an overview of trademark enforcement in China, beginning with a historical review of China's trademark law before moving on to examine the original version of current trademark legislation, the 1982 Trademark Law. The entry into force of the WTO placed tremendous pressure on China to meet international standards, resulting in the 2001 amendment and the protection it affords to well-known trademarks, as is discussed next. Finally, an examination of the enforcement of the trademark law in China, including the status of counterfeiting, the enforcement system, and the difficulties associated with enforcing trademark rights, is undertaken. The thesis concludes that the Chinese government has made remarkable progress in its quest to combat trademark counterfeiting and that the problem will gradually be overcome as the nation continues to develop its economy and enhance its legal system.