Comments on: Non-Traditional Trademarks http://www.patentbaristas.com/archives/2010/02/16/non-traditional-trademarks/?utm_source=rss&utm_medium=rss&utm_campaign=non-traditional-trademarks Freshly Brewed Bio/Pharma Chat. Served Up Daily. Tue, 07 Feb 2012 11:57:58 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: john troll http://www.patentbaristas.com/archives/2010/02/16/non-traditional-trademarks/comment-page-1/#comment-71103 john troll Thu, 18 Feb 2010 14:27:34 +0000 http://www.patentbaristas.com/?p=2674#comment-71103 If one accepts the (perhaps dubious) assumption that the property value of trademarks does not reside within the verbal or non-verbal symbol but only in the information investment of a company-then it is perfectly understandable why courts all over the world have been reluctant to grant legal protection for non-traditional trademarks. When the smell, color or shape of a product is deemed eligible for legal protection then a court may be granting a perpetual property right to a non-verbal attribute of a product. If you and I produce identical products there will always be another name I can choose. If you and I produce identical products there may be far fewer shapes, or colors or smells available to me as a second comer. And oh by the way, even with traditional marks, the information rationale may not explain the basis for legal protection. What does the name Ralph Lauren symbolize? Dresses, shirts, towels, eyeglasses, shoes, wallpaint, candy, ...... Is there any doubt that Ralph Lauren has a property right inherent in his name regardless of the product or service at issue? If one accepts the (perhaps dubious) assumption that the property value of trademarks does not reside within the verbal or non-verbal symbol but only in the information investment of a company-then it is perfectly understandable why courts all over the world have been reluctant to grant legal protection for non-traditional trademarks. When the smell, color or shape of a product is deemed eligible for legal protection then a court may be granting a perpetual property right to a non-verbal attribute of a product.
If you and I produce identical products there will always be another name I can choose. If you and I produce identical products there may be far fewer shapes, or colors or smells available to me as a second comer.
And oh by the way, even with traditional marks, the information rationale may not explain the basis for legal protection. What does the name Ralph Lauren symbolize? Dresses, shirts, towels, eyeglasses, shoes, wallpaint, candy, ……
Is there any doubt that Ralph Lauren has a property right inherent in his name regardless of the product or service at issue?

]]> By: uberVU - social comments http://www.patentbaristas.com/archives/2010/02/16/non-traditional-trademarks/comment-page-1/#comment-71054 uberVU - social comments Wed, 17 Feb 2010 04:24:38 +0000 http://www.patentbaristas.com/?p=2674#comment-71054 <strong>Social comments and analytics for this post...</strong> This post was mentioned on Twitter by priorsmart: via patentbaristas, interesting post - "Non-Traditional #Trademarks" ~ http://cli.gs/Duhrg #copyright #patent... Social comments and analytics for this post…

This post was mentioned on Twitter by priorsmart: via patentbaristas, interesting post – “Non-Traditional #Trademarks” ~ http://cli.gs/Duhrg #copyright #patent…

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