Submitted by Filipe dos Santos (fsantos@pucsp.br) on 2016-11-21T12:35:43Z No. of bitstreams: 1 Kone Prieto Furtunato Cesário.pdf: 1958100 bytes, checksum: 1178143fbae9061903704a7c14372ba6 (MD5) / Made available in DSpace on 2016-11-21T12:35:43Z (GMT). No. of bitstreams: 1 Kone Prieto Furtunato Cesário.pdf: 1958100 bytes, checksum: 1178143fbae9061903704a7c14372ba6 (MD5) Previous issue date: 2016-09-26 / Coordenação de Aperfeiçoamento de Pessoal de Nível Superior / The purpose of this doctoral thesis is to establish how the principles of commercial law legitimate the protection of new visual trademarks. Thus, the author introduces the new visual trademarks as defined from a positive semantic concept of atypical distinctive signs, which suggest a potential renewal of the paradigms of the trademark system. To this effect, the study was divided into two parts: in the first part, such signs are presented from the standpoint of branding development in terms of their semiotic formation; of marketing; and of how such signs are handled in the Brazilian and other trademark legal systems. The second part undertakes an analysis of these signs on a systematic reasoning in order to assess how their derived ownership rights and their respective protection of new visual trademarks arise through the principles of commercial law, especially in the light of the principles of the free initiative and free competition, seen as the purposeful principles of the norms inherent to the trademark system, and which embody the basic drivers of the relationship between new trademarks and entrepreneurial and developmental business activities. Therefore, in this sense, this thesis is based on the concept of regulation of the ownership of such signs as a means of legal protection of private investment / O objetivo desta tese de doutorado é verificar como os princípios do direito comercial legitimam a proteção das novas marcas visuais. Desta forma, apresentam-se as novas marcas visuais, assim definidas a partir de um conceito semântico positivo de sinais distintivos atípicos e que indicam uma possível renovação nos paradigmas do sistema de marcas. Para tanto, o trabalho foi dividido em duas partes: na primeira parte, esses sinais são apresentados do ponto de vista de construção de marca, no sentido de sua formação semiótica; do marketing; e de como são tratados no direito brasileiro e em outros sistemas jurídicos marcários. Na segunda parte, empreende-se uma análise desses sinais em uma sistemática argumentativa, na perspectiva de buscar informar como decorre seu direito de propriedade e a respectiva proteção das novas marcas visuais pelos princípios do direito comercial, especialmente à luz dos princípios da livre iniciativa e concorrência, apresentando-os como normas finalísticas das regras inerentes ao sistema de marcas e que desempenham o papel de condutores basilares entre as novas marcas e a atividade empresarial empreendedora e desenvolvimentista. Assim, a tese é baseada no conceito de regulamentação da propriedade desses sinais como meio de proteção jurídica do investimento privado

Mercantile Law / LL. M. (Law)

published_or_final_version / Law / Master / Master of Laws

The protection of domain names through trademarks The main purpose of my thesis is to define a status of domain names from a legal standpoint and also to analyze the possibility of covering the protection of domain names through trademarks. Assuming that a domain name fulfills conditions stipulated by a law it may become a subject to trademark laws and can be registered as a trademark in the register kept by the Industrial Property Office. The thesis is composed of five chapters. The first part of introductory chapter focuses on the technical aspects of domain names and institutions directly related to domain names. It focuses on history of the Internet, IP addresses and DNS servers. The second part of the first chapter is devoted to the structure and registration of domain names and also to foreign institutions directly related to of the Internet and its domain names. The second chapter describes the status of domain names in the Czech legal system and compares the legislation of Act no. 40/1964 Coll., The Civil Code and Act no. 89/2012 Coll., The Civil Code, relating to domain names as the subject of civil relations. The main subject of the third chapter are trademarks. This chapter defines the concept, function and types of trademarks. Furthermore, this chapter describes absolute and relative...

The thesis is focused on the valuation of intangible assets, particularly trademarks and copyrights. In the beginning it deals with the problems of valuation of intangible assets. The main part of the thesis provides an overview of methods for valuation of intangible assets. This part is followed by a practical section that illustrates the procedure of valuation of trademarks and copyrights on a concrete example.

Unauthorised use of the trademark logo on social media on a massive scale has led to frequent legal conflicts between trademark holders, social media providers and internet users and legal uncertainty. The thesis concludes that trademark infringement and dilution laws in the U.S. and EU are inadequate to solve this problem. The trademark logo on social media should be protected against unauthorised use, even though it is not used to sell the good or service the trademark indicates, but is used in a commercial environment. Two premises for any solution are that first the enforcement should be made automatic, since litigation on a case-by-case basis is not scalable, and second that the safe harbour provisions for online service providers, that aggravate the problem, should be substituted for strict liability. The trademark logo can be seen as the personification of the trademark holder, and one can argue that the stability of the trademark logo is not only in the interest of the trademark holder but also of society at large. One can argue that trademark dilution already provides a kind of moral right of integrity for the trademark logo. However, this right is limited to trademark logos that are considered famous or have a reputation, and, moreover, that are used in a commercial way. This thesis argues that also the trademark logo that did not reach the requested level of fame or reputation and is used in a non-commercial way should also be protected against unauthorised use on social media. Therefore the moral right of integrity is proposed for the trademark logo. Until the law will be amended to include a moral right of integrity for the trademark logo, this thesis suggests to implement proactive solutions in the walled gardens of social media as a testing ground for potential legislation. This automated solution is scalable, makes intellectual property protection and enforcement not only effective but also more calibratable to social policy goals and will inevitable lead to an algorithmic justice. / 社交媒體上大規模未經授權使用的商標標誌為商標持有人、社交媒體提供商和互聯網用戶之間帶來法律衝突，更帶來法律上的不確定性。本文提出的結論是美國與歐盟有關商標被侵犯和稀釋的法律並不足以解決這個問題。縱使在社交媒體上的商標標誌未被用作銷售貨品或服務，但由於是在商業環境使用，所以法律應該保障其免被未經授權使用。任何解決方法都必須基於兩個前設。首先由於按個別情況興訟的可行性低，所以執法應該自動化。其二網絡服務供應商所依賴的避風港條款只會使問題更加嚴重，因此應該採用嚴格法律責任。商標標誌可被視為商標持有人的縮影，而商標標誌的穩定性除了對商標持有人有利之外，可謂對廣大社會也有裨益。法律所保障商標免被稀釋本身可說是一種對商標標誌完整性的精神權利的認可。但現時只有被認為著名，有聲譽，以及作商業用途的商標標誌才享有此權利。本文強調一般未達到著名或有聲譽，以及未作商業用途的商標標誌在社交媒體上應該受到同等免被未經授權使用的保障。就此，本文提出商標標誌應享有完整性的精神權利。在修法保障商標標誌完整性的精神權利前，本文建議在社交媒體這個空間裡採納積極的措施，以測試未來法律條文的可行性。此自動化的方案有可擴展性，使保障和執行知識產權既有效率，又可對準社會政策的目標，更必然會帶來算法公義。 / Friedmann, Danny. / Thesis Ph.D. Chinese University of Hong Kong 2013. / Includes bibliographical references (leaves 354-380). / Abstracts also in Chinese. / Title from PDF title page (viewed on 05, October, 2016). / Friedmann, Danny. / Detailed summary in vernacular field only.

No description available.

Univ., Diss.--Konstanz, 2005. / Literaturverz. S. 309 - 334.

Graphical trademarks, or logos, represent important aspects of organizational identity and have become ubiquitous in society. Although the conventional wisdom of practitioners in design and business dictates that trademarks should be unique and distinctive, anecdotal evidence suggests that many trademarks appear to be similar to one another. This dissertation attempts to understand patterns of similarity and difference in graphical trademark design through the lens of neoinstitutional theory in sociology. Using data on trademarks from the United States Patent and Trademark Office, the designs of the over 750,000 graphical trademarks filed in the United States between 1884 and 2003 are analyzed in terms of their content, design complexity, and degree of design realism or abstraction. A series of hypotheses regarding trademark design dynamics is tested. Evidence is found suggesting that, rather than providing distinctiveness, trademarks serve to provide legitimacy to organizations by imitating the symbols employed by other organizations, particularly those within the same industry. Further analysis examines the institutionalization and deinstitutionalization of norms in trademark design within industries over time. Finally, the survival of trademarks that deviate from design norms, relative to more normal trademarks, is studied. While such "deviant" trademarks do not seem more likely to be abandoned or cancelled or to expire, further study suggests that trademarks that adhere most strictly to design norms are more likely to survive in use over time.

This thesis is about the cultural bargain; the balancing relationship between author monopoly and user affect desires, as applying to the ambiguity of characters. Character culture is a hybrid of the characters that are created and sold by authors with artistic and legal concerns, and the character-affect-relationship of the audience users of those characters. This study examines the law and industry practices in the United States and Canada as it relates to character and the limited scope of the law in defining just what exactly a character is. Also, I examine the major issues in the cultural bargain between the ownership of characters of authors, and the appropriation of characters by audiences, through the dominate arguments for both authors and audiences and the issue of privileged accessibility to characters. By "appropriate", I am referring to any act of an audience member, utilizing a character they do not own, in new ways, that the original author of the character did not give permission for, or approve. Finally, I present my analysis of how the cultural bargain may experience a balance between both authors and audience, by defining characters using the audience affect interpretation as criteria.