Since we are a little off-schedule due to last week’s class cancellation, this is a bit of a mishmash…
Be sure you’ve done all the reading for Class 12.
Read 332-363 in your text.
Trademark Law
LAW6392 – Professor Randazza – Barry University School of Law – Fall 2008
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October 20, 2008 at 9:35 am |
In regards to class 15, Geographic Limits on Trademark Rights, there is a case that is extremely troubling to me, Person’s Co., Ltd. v. Christman, perhaps not so much on the legal side of the analysis but more so on the fashion aspect of such activities.
I completely understand the legal analysis as well as the requirements for trademarks, trademark rights in individual countries, and so on. However, Christman just straight up copied the name. He put no creativity or innovation into such, which I know falls into copyrights, but in regards to the fashion industry this is so overwhelmingly disappointing to me. Not only does this not seem fair, it seems morally wrong to me- he simply stole someone’s idea and acted as if it was his own. The text book clearly states, “trademark rights under the Lanham Act arise solely out of use of the mark in US commerce or from ownership of a foreign registration; the law pertaining to registration of trademark does not regulate all aspects of business morality.” When should the business morality come in?
The case states, “an inference of bad faith requires something more than mere knowledge of prior use of a similar mark in a foreign country.” I do however disagree with the court’s analysis on this issue of bad faith.
Again, I want to make clear that I understand the legal analysis, and I am not looking for answers in regard to that aspect, but I wanted to let my frustration known. Shame on Christman.
October 20, 2008 at 9:35 am |
Opps, I forgot to put my name on my last blog; now shame on me.
- Angel Stull