DISPUTES IN TRADEMARKS - CONSTANTS AND SPECIFICITY IN JUDICIAL Presented diploma work on above mentioned theme is focused on judicial activity of authoritative bodies or courts, which are or were authorized to give judgements in area of trademarks. First part of the work is naturally an introduction, which contains only general information about chosen topic and trademarks. After that brief history presentation of trademarks area follows. Then is the reader familiarized with actual regulations in force. This part is divided into two subchapters - the first one is focused on substantive law, the second on procedural law. In the second part is also closer explained why was chosen this topic of the diploma work, which is related to variety and diversity of case law in this matter. At the same time author presents authoritative bodies or courts, which give decisions in the area of questions - trademarks (brands). Due regards are taken relative to membership of Czech Republic in the European Union, and therefore to its regulations as well. Main chapter of presented diploma work is chapter three. In this chapter comes closer and detailed explanation of three, for the area of trademarks due to opinion of author fundamental, questions - likelihood of confusion, distinctive capability and trademark usage. In...

Thesis (LL.M.)--University of Hong Kong, 1989. / Includes bibliographical references. Also available in print.

The thesis focuses on the branding phenomenon in its relationship with territory. Owners of global brands seek to defend a set of positive associations that goes beyond the concept of trademark per se. In that undertaking, the territorial limitation of trademark rights is perceived as an impediment to a worldwide protection of the branded myth. / The thesis analyses the branding phenomenon and the territoriality principle of trademark law. It also depicts the methods currently employed by trademark owners to circumvent national legislations. The thesis supports alternative approaches, which successfully combine branding and territorial values. / Eventually, the conflict of applying domestic law to "universal" trademarks can be solved by an adequate use of the global branding notion and through the establishment or strengthening of relevant regional blocks.

Thesis (Ph.D.) - University of Queensland, 2004. / Includes bibliography.

In-situ sensors are crucially important for understanding the physico-chemical processes that occur in natural water environments. Manual sampling with laboratory analysis cannot provide the temporal and spatial resolution required to characterize marine and fresh water ecosystems, and this approach is both expensive and time consuming, and may also be affected by artefacts during handling and storage. In-situ sensors minimize these drawbacks and provide a tool to obtain long-term data banks which will allow a more synoptic interpretation of the biogeochemical cycles of key elements in water systems. The trace metals iron and manganese are examples of key elements that shape the biogeochemistry of aquatic systems. Processes influenced by them include phytoplankton growth, deep-sea vent chemistry and redox equilibria in environments with strong oxygen concentration gradients. This thesis describes the development, optimisation and application in environment of two sequential prototypes of a Lab-On-A-Chip microfluidic autonomous analyser for the in-situ determination iron and manganese in aquatic environments. A first prototype (Prototype 1,P1) of the device existed at the beginning of this project. It was labtested and deployed at depth in the Lucky Strike Vents Field (Mid Atlantic Ridge) for the determination of Fe(II). An operative fault during the deployment triggered a trouble shooting process which highlighted some weak points in the device. Those weaknesses were addressed and solved in a second version of the device (Prototype 2, P2) whose novel feature was the in-line mixing by diffusion of reagents and samples. Total Fe, Fe(II) and Mn could be measured with a frequency of up to 12 and 6 samples per hour respectively, with limits of detection of 35 nM and 27 nM for Total Fe and Fe(II) and 28 nM for Mn. The robustness and reliability of P2 was tested in the laboratory and in the environment in both marine (Baltic Sea) and fresh (Beaulieu River) waters. The results of these deployments are presented and directions for further developments of the technology are proposed.

Traditionally, trademarks were considered as convenient tools for source identification, and were granted legal recognition on this premise. However, more recently, trademarks have evolved in a new yet challenging medium as an effective tool for both corporate and social communication. The changing nature of trademarks and the subsequent emergence of modern trademark functions have prompted legal change within the European Union. Whilst this result is not in itself surprising, the approach adopted within the EU for the integration of the modern functions into the European trademark system has raised justifiable concerns on whether the balance of the trademark system has been disrupted. Given the dilemma, this thesis aimed to evaluate and critique the current system for modern trademark protection in Europe, and to propose change accordingly. To achieve this objective, the thesis used the luxury fashion industry as an analytical tool capable of reflecting accurately the various dimensions of the modern functions, particularly those aspects which are often overlooked within the legal spectrum. Only when the modern functions were fully comprehended, a proposal for a sound, balanced system for protection which takes into account the interests of all players in the market became plausible. Using an interdisciplinary approach, the thesis showed that the significance of trademarks lies within its communicative value which in turn has three dimensions; brand-consumer communication, consumer-consumer communication, and consumer-public communication. The effective protection of the modern functions necessitates the recognition of all these three facets. The thesis argued that theoretically, the protection of the brand-consumer communication dimension can be normatively justified based on a misappropriation ground through a limited, well-articulated anti-freeriding provision. In practice, Article 5(2) if interpreted in the light of the free-riding rationale suggested, can provide sufficient safeguards for the protection of brand-consumer communication. While such approach may simultaneously advance the communicative interest of some consumers (consumers of the particular brand), it falls short from protecting the broader public interest in communicating through trademarks. To fully preserve the other dimensions of trademark communicative, an effective expressive use defence which preserves the right of the public to transform, act on, criticise, resist, or challenge traditional brand meanings is crucial. Conclusively, disregarding any of these dimensions, which is regrettably the case now, will necessarily disrupt the balance of the trademark system and will simultaneously empower brand owners to manipulate consumer demand.

M.Comm. / Gegewe die agtergrond en probleemstelling van die studie, kan die doelwitte van die studie sons volg gefonnuleer word: Die eerste doel van die studie is om te bepaal of handelsmerklojaliteit wat sigarette betref, nog by verbruikers bestaan en 'n rol speel by die keuse van 'n handelsmerk. Die tweede doel met die studie is om te bepaal watter faktore die verbruiker se keuse van 'n spesifieke handelsmerk van sigarette beInvloed, dit wil se watter faktore beInvloed handelsmerklojaliteit. Wat die faktore betref, sal daar hoofsaaklik gekonsentreer word op die invloed van die elemente van die bemarkingsmengsel, naamlik: Produk ; Prys ; Distribusie ; Bemarkingskommunikasie. Met hierdie studie sal dus gepoog word om 'n bydrae te lewer tot die verbreding van die bestaande kennis oor handelsmerklojaliteit en die rol daarvan vir geslaagde sigaretbemarking.

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