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We build a novel comprehensive data set of new product trademarks as an output measure of product development innovation. We show that risk-taking incentives in CEO compensation motivate this type of innovation and that this innovation improves firm performance. Using an exogenous shock to executive compensation, we find that reductions in stock option compensation cause reductions in new product development. We also find that firms undertaking new product development experience increases in future cash flow from operations and return on assets. These findings suggest the importance of product development innovation to firms and new trademarks as a novel innovation measure. [ABSTRACT FROM AUTHOR]

An increasingly common strategy when naming new brands is to use an unconventional spelling of an otherwise familiar word (e.g., "Lyft" rather than "Lift"). However, little is known about how this brand naming strategy impacts consumers' beliefs about the brand and, ultimately, their willingness to support it. Eight experimental studies demonstrate that, in general, consumers are less likely to support unfamiliar brands whose names are spelled unconventionally compared with brands that use the conventional spelling of the same word. This occurs because consumers perceive the choice of an unconventionally spelled name as an overt persuasion attempt by the marketer and thus view the brand as less sincere. Using mediation and moderation, the authors demonstrate that these effects are driven by persuasion knowledge and show robustness by employing different types of unconventional spellings. The studies suggest that although marketers may choose unconventional spellings for new brands with the goal of positively influencing consumers' perceptions, doing so may backfire. However, unconventionally spelled names do not produce a backfire effect when the motive for selecting the name is seen as sincere. Further, unconventionally spelled brand names may even be desirable when consumers are seeking a memorable experience. [ABSTRACT FROM AUTHOR]

The article is focuses on the research of issues concerning the acquisition of legal protection by olfactory trademarks. As a result of unceasing technological development, means of individualization in the marketing of services or products are acquiring new patterns of expression, in particular in the form of olfactory trademarks. Nowadays, the legislation of only a few countries provides for the possibility of obtaining legal protection for trademarks with this form of expression. It is obvious that with the further development of technology, the registration of olfactory trademarks is bound to become more widespread. This is due to the likelihood that technology will in the future be able to adequately transmit scents at a distance, based on its success over the past centuries in transmitting sound and images. However, since the transmission of scents at a distance by technological means is not currently provided for, the legislator faces a significant dilemma with respect to the legal protection of olfactory trademarks. Since, as a general rule, in order to obtain legal protection, a trademark must be represented in the register, the question arise how to represent olfactory trademark in the register in such a way in the same unambiguous and certain manner as other trademarks. The presence of this aspect which is caused by the specifics of olfactory trademarks naturally raises the question of the legal protection of such trademarks. Thus, the issue of legal protection of olfactory trademarks has thus been reflected the scientific legal doctrine. However, the absence of an unequivocal approach to the legal protection of olfactory trademarks requires further research on this issue. In this study the author examines the specifics of olfactory trademarks, the peculiarities of obtaining legal protection, and the legal approaches to ensuring legal protection of olfactory trademarks. In the course of the study, the author established the criteria for obtaining legal protection for olfactory trademarks and considered the prospects for granting legal protection to such trademarks in Ukraine. [ABSTRACT FROM AUTHOR]

Effective innovation policymaking critically relies on monitoring innovation. An emerging literature suggests that trademarks could help measure a larger share of innovations than when only utilizing patents, particularly for small- and medium-sized enterprises (SMEs). This study establishes when trademarks improve the measurement of innovation compared to solely relying on patents as innovation metrics, by examining the propensity to use trademarks for non-patented innovations from SMEs. We collected multiple original samples of innovations from Dutch SMEs and assessed the extent to which trademarks and/or patents were filed for those innovations. Our results show that trademarks can improve innovation measurement for SMEs, particularly in scale-intensive and supplier-dominated industries and in some service industries—areas where patent propensities are low. Our results bear implications for monitoring innovation and evaluating science, research, and innovation policy. Overall, by combining trademark and patent data, the number of measured innovations by SMEs increases approximately by a relative of 51.8 per cent. [ABSTRACT FROM AUTHOR]

We analyze the initial intellectual property (IP) decisions of 336 start-ups in IP-intensive industries in China, distinguishing among patents, trademarks, and IP portfolios. Our empirical results show that the initial IP decisions of start-ups have an impact on their innovation performance. Compared with start-ups that choose trademarks or patents, start-ups that choose IP portfolios have higher financial and non-financial innovation performance. Furthermore, venture capital positively moderates the relationship between initial IP decisions and non-financial innovation performance. VC-backed start-ups that choose IP portfolios are more likely than other start-ups to achieve higher non-financial innovation performance. Finally, strategic planning also plays a role in the relationship. Among the start-ups that choose IP portfolios, those with high strategic planning gain higher non-financial innovation performance. This paper contributes to research on initial IP decisions in entrepreneurial contexts by incorporating IP portfolios to initial IP decisions and uncovering the role of initial IP decisions in innovation performance. [ABSTRACT FROM AUTHOR]

The article discusses a case in Spain where a trade mark owner suffered moral harm due to imitation products being sold without authorization. The court ruled that reputational damage of a moral nature is compensable even without direct economic loss. The judgment included detailed findings of the seized items and the compensatory amounts owed to the trade mark owners. The court upheld the principle of full compensation for harm caused to the trade mark owner, both economic and moral, in accordance with European Union law. [Extracted from the article]

The document discusses a legal case involving the infringement of European and National Utility Model Patents in Italy. The case involves Coiro S. r. l. and Termomeccanica G. L. S. r. l. over a spray booth patent. The court ruled on the validity of the patents, infringement claims, and the application of damages. The document provides detailed legal analysis and interpretations of patent law in Italy. [Extracted from the article]

The article discusses the invalidation of a trademark registration obtained in bad faith under Decision No. 486 of the Andean Community. It highlights that bad faith occurs when an applicant knowingly uses a sign similar to a third party's distinctive sign, potentially causing confusion in the local market. The text also emphasizes the burden of proof on the party seeking to void the registration and outlines criteria for determining bad faith, including prior relationships and opportunistic behavior. The principles of registration and territoriality do not impact the existence of bad faith, as clarified by the Court of Justice of the Andean Community. [Extracted from the article]

What happens when actors and sectors incorporate references to specific territories in their development efforts? Throughout history, producers have capitalised individually and collectively on place associations through mechanisms such as product marketing and cultural framing in order to protect investments and promote internationalisation efforts. This contribution explores the agenda-setting power of the concept of 'place-based intangibles': assets with qualities of intangibles but intricately tied to specific geographical commons. After defining the concept, we overview the key substantive topics, innovative approaches and policy puzzles in three thematic areas of research: (1) regional strategies to build place-based intangibles; (2) place-based intangibles and regional development; and (3) place-based intangibles and corporate strategies. We conclude by discussing the prospects set forth by the assemblage of fresh papers included in this special issue, which this paper also introduces, and put forward the implications of place-based intangibles for policymakers, businesses and scholars. [ABSTRACT FROM AUTHOR]

The paper defines 'cluster identity' as an intangible attribute of clusters comprised of place branding and trademarking by cluster organizations, respectively anchored in a 'logic of belonging' and a 'logic of similarity'. We expand the taxonomy of proximities and their dynamics according to their belonging/similarity logic and their tangible/intangible nature. As illustrated in the context of the Bordeaux wine region of France, we find that a prevailing logic of belonging leads to reputational inertia. We propose that trademarking by cluster organizations can facilitate the adaptation of cluster identity, thereby emphasizing its potential as an instrument for cluster managers to engage in community-building. [ABSTRACT FROM AUTHOR]

The article discusses the Finnish Supreme Court's decision on whether refilling and relabeling carbon dioxide cylinders misled consumers about an economic link between the original and new sellers. Topics include the assessment of consumer perception regarding economic connections, the impact of labeling practices on brand integrity, and the legal considerations of trade mark exhaustion and infringement.

The article discusses the criminal liability associated with counterfeiting famous trade marks in Italy, highlighting that such actions are punishable under Articles 473 and 474 of the Criminal Code, even if the counterfeit goods are in different market sectors. Topics include the impact of counterfeit goods on public trust, the role of corporate liability under Legislative Decree No. 231, and the criteria for assessing the adequacy of organizational models.

This Note examines the current legal landscape around “poppers,” an alkyl nitrite-based inhalant that has a strong association with the LGBTQ+ community as a party and sex drug. Under U.S. law, the sale of poppers for recreational use is clearly illegal, but an unregulated poppers industry has arisen over the last fifty years. Poppers manufacturers have taken advantage of a loophole in the statutory ban by marketing their goods as serving alternative “commercial purposes,” such as room odorizers, leather cleaners, and nail polish removers. Poppers can be bought behind the counter at most sex stores, while governments across the world rarely engage in actual enforcement. To skirt existing government regulations, poppers manufacturers have devised new formulations that are more dangerous. At the same time, the poppers industry has increasingly relied on intellectual property (“IP”) law for protection: U.S. poppers companies like Pac-West have registered around forty poppersrelated trademarks. As courts and the USPTO grapple with issues surrounding the validity of poppers trademarks under the unlawful use doctrine, this Note aims to analyze the implications of the current regime of IP protection for criminally banned poppers. Looking at recent developments in the United Kingdom and Australia, this Note recommends legalization and regulation of poppers, rather than just IP protection, as the best way to encourage innovation and protect consumers. [ABSTRACT FROM AUTHOR]

This article explores a facet of the relationship between trade marks and the criminal law in the UK in the interwar era, a pivotal period of transition in UK economic policy from free trade to a more managed economy. Drawing together insights from legal, business and economic history, we show that, in the interwar years, the context of domestic politics and wider international trade policy, produced a greater focus on the relationship between trade marks and market-place understandings of the national origin of manufactured products. This context included the passage of the Merchandise Marks Act 1926, a criminal law statute that stipulated the circumstances in which imported goods were to be marked with an indication of national origin, and included a criminal offence regulating trade marks enforced by prosecutions brought by the Board of Trade. We argue that the criminal law regulating trade marks became entwined with 'soft' trade policy, i.e. a means of protecting the domestic/Empire market falling short of tariff protection. Drawing on substantial original archival research, we explore the problems that confronted the Board of Trade when it enforced the 1926 Act in view of market realities. [ABSTRACT FROM AUTHOR]

Copyright of FinanzRundschau is the property of De Gruyter and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The task of trademark text recognition is a fundamental component of scene text recognition (STR), which currently faces a number of challenges, including the presence of unordered, irregular or curved text, as well as text that is distorted or rotated. In applications such as trademark infringement detection and analysis of brand effects, the diversification of artistic fonts in trademarks and the complexity of the product surfaces where the trademarks are located pose major challenges for relevant research. To tackle these issues, this paper proposes a novel recognition framework named SwinCornerTR, which aims to enhance the accuracy and robustness of trademark text recognition. Firstly, a novel feature-extraction network based on SwinTransformer with EFPN (enhanced feature pyramid network) is proposed. By incorporating SwinTransformer as the backbone, efficient capture of global information in trademark images is achieved through the self-attention mechanism and enhanced feature pyramid module, providing more accurate and expressive feature representations for subsequent text extraction. Then, during the encoding stage, a novel feature point-retrieval algorithm based on corner detection is designed. The OTSU-based fast corner detector is presented to generate a corner map, achieving efficient and accurate corner detection. Furthermore, in the encoding phase, a feature point-retrieval mechanism based on corner detection is introduced to achieve priority selection of key-point regions, eliminating character-to-character lines and suppressing background interference. Finally, we conducted extensive experiments on two open-access benchmark datasets, SVT and CUTE80, as well as a self-constructed trademark dataset, to assess the effectiveness of the proposed method. Our results showed that the proposed method achieved accuracies of 92.9%, 92.3% and 84.8%, respectively, on these datasets. These results demonstrate the effectiveness and robustness of the proposed method in the analysis of trademark data. [ABSTRACT FROM AUTHOR]

This article examines Knut Hamsun's reactions to the new uses of proper names at the end of the nineteenth century, including the commercial use of celebrity names and trademarks. The topic is studied on three interrelated levels: Hamsun's hostile reaction to the modern advertising industry; his attempts to create a famous name for himself; and finally, his literary representation of these themes in his early work. The advertised name points to a threatening distance between private individual and public persona that raises questions about the possibility to express or communicate authentic identity. This tension is studied in "På turné," which revolves around the launching of the author's name "Hamsun," and in Mysterier , where the meaning of names as well as the novel's modernist narrative form are intimately linked to Hamsun's experiences of the emerging practices of advertising and branding. [ABSTRACT FROM AUTHOR]

This Article exposes a harmful form of advertising that exploits government actions like patent issuances, FDA authorizations, and trademark registrations. By calling upon the symbolic power of such regulatory approvals--i.e., "conjuring the flag"--marketers deceive consumers, distort competition, and undermine administrative agencies. Using machine-learning techniques to analyze hundreds of ads across multiple media formats, this Article offers the first comprehensive analysis of this pervasive practice. The study reveals that it is especially prevalent in industry settings where consumers are likely to seek reassurance that a product is safe and effective. Specifically, the examples examined show that patents are mentioned frequently in ads for supplements, cleansers, cosmetics, insect sprays, and hair products. It also shows that the USPTO contributes to the problem by registering trademarks that incorporate regulatory references. Consumer protection laws and regulations have failed to curb this practice, as advertisers have found subtle and legally permissible ways to manipulate consumer perception. This Article proposes two legal reforms to empower the FTC to address this issue more effectively, and suggests measures to better facilitate class action suits. This Article thus sheds light on a crucial intersection of intellectual property, consumer protection, and administrative law. [ABSTRACT FROM AUTHOR]

The article examines the U.S. Supreme Court's ruling in Jack Daniel's Properties v. VIP Products, which highlighted the complexities of trademark law in relation to First Amendment rights, especially regarding the use of parody in artistic expressions. Topics include the implications of the Jack Daniel's decision on trademark and speech, the limitations of current trademark law in protecting expressive uses, and the necessity for a broader fair use defense in trademark dispute.

The article analyzes the Supreme Court's decision in Jack Daniel's v. VIP Products, which established that trademark use, particularly when indicating the source of goods, does not receive special speech protections under the Lanham Act, regardless of expressive elements. Topics include the bright-line rule for trademark use, the distinction between trademark and non-trademark use, and the implications of the ruling for future trademark law and expressive works.

The article details the discussions from the second panel of the Cardozo Arts & Entertainment Law Journal Symposium, focusing on the Bad Spaniels case and its implications for trademark law, particularly concerning the intersection trademark protections. Topics include the concept of likelihood of confusion in trademark infringement, the application of the Rogers test for expressive works, and changes in trademark owners' rights regarding parody and artistic expression.

The paper examines the trio concepts of privacy, publicity and intellectual property rights as they interplay in determining if there is recourse to the perceived right of a celebrity to protect what he believes to be undue exploitation of his creation by commercial entities to the latter's economic advantage from the spectrum of a very interesting claim by Sabinus in 2022. The paper examines the extant positions of these three concepts of law and the relationship between them reflecting on the position of law in foreign jurisdiction. It observes that although there are convergent points, these concepts are independent of one another and may provide different protection for celebrities and creators to protect their creations. The paper also finds that even though the Nigerian courts recognises the need for the protection of publicity right under common law, it fails to recognise that the right has been available within the Nigerian legal system. The paper also finds that the current legal regime may be hostile to creators while recognising that there is also a need to balance the regime against illegitimate and gold-digging claims. The paper advocates for a recognition of image right to encourage protection of economic exploitation of publicity in Nigeria. [ABSTRACT FROM AUTHOR]

Copyright of Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) is the property of Dinasti Publisher and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Propiedad Inmaterial is the property of Universidad Externado de Colombia, Centro de Estudios de la Propriedad Intelectual and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This article provides excerpts from legal judgments in Brazil regarding trademark disputes. The courts emphasize the need for distinctiveness and originality in trademarks and consider factors such as visual elements and the nature of the products or services. The judgments also highlight the importance of considering the perspective of the average consumer and the rights of third parties. The courts uphold the original judgments and dismiss the appeals. [Extracted from the article]

This article uses the example of Manoli Cigarettes and its product line, The Kaiser Cigarettes, to examine the concept of co-branding as applied to royal brand names in the German Empire. It reviews the broader networks of circulation that determined the production of royal brand names: commercial laws, business ties, advances in technology, advertising structures, tourism, and other sectors of the consumer economy. The article delves into how trademark law, the Imperial Patent Office's role in approving brand names, and case law contributed to the choice of royal brand names. The article also illuminates how manufacturers used royal brands to implement business strategies along a horizontal plane of market competition. The production of the monarchy as a cultural object was thus activated through a process of triangulation: not only through the bilateral relationship between monarch and subjects, but also lateral relations between producers who were concerned about their professional networks. [ABSTRACT FROM AUTHOR]

Although a sizable body of research concerning innovation and intellectual property (IP) performance exists, there has been limited attention on whether the state of IP strengthens or curtails innovation activity in the global south, specifically among sub-Saharan Africa firms. This article analyzes the direct impacts of IP on innovation performance in sub-Saharan Africa, namely patents, copyrights, industrial designs, and trademarks. The paper responds to firms extracting value from intellectual property strategies through innovation activities and overall performance. Using the World Bank Enterprise Survey (WBES) and Innovation Follow-up Survey (IFS), we find that appropriation channels are essential for transforming innovation pursuits into a competitive advantage. Our results further reinforce that appropriation mechanisms are crucial to innovation and may allow firms to gain returns on their innovation activities. Regardless of the weaknesses and limitations of the patenting strategy in sub-Saharan Africa, the probability of patenting an innovation relates to a process and product innovation while controlling for several other effects. More importantly, we demonstrate how industrial designs and improved or changed trademarks can foster inclusive performance. In addition, we show that beyond perception-based innovations, intellectual property strategies also matter to innovation intensity and sales growth. Consequently, our results indicate that the significance of innovation for competitiveness puts intellectual capital at the critical juncture of knowledge management. [ABSTRACT FROM AUTHOR]

We examine the role of population density and accessibility in shaping innovation intensity in the 32,000 lower super output areas (LSOAs) in England. Our analysis focuses on firms' registered intellectual property – patents, trademarks and registered designs – and using spatial autoregression models suggests four key results. We find a positive relationship between population density and innovation intensity, a consistent negative relationship between longer journey times to the nearest town centre and innovation intensity, and a strong interaction effect between population density and accessibility. Finally, we find strong evidence of local innovation spillovers reflecting either competition or demonstration effects. [ABSTRACT FROM AUTHOR]

The 2008 financial crisis and environmental issues are driving a profound change in economic governance. Over the last few decades, economic management has been marked by the neoliberal doctrine, which tends to use market forces as a tool for valuation, and to put the state at the service of the smooth running of the market. However, since the subprime crisis, interest rates have been placed under the strict surveillance of central banks through quantitative easing policies. Other events, such as the European energy crisis of 2022, show that market prices sometimes have to be circumvented. This article aims to define the principles of neoliberal governance and explain why it is in crisis today. It then sets out to develop four principles for a democratic economy, aimed at rearranging the relationship between the state and the market. [ABSTRACT FROM AUTHOR]

This document provides a summary of a court case in France involving the unauthorized resale of Chanel products. The court ruled that distributing free samples of the products does not give permission to sell them, and the trademark owner's rights are not exhausted. The court also determined that selling cosmetic products without their original packaging damages their condition and allows the trademark owner to oppose further marketing. The defendant's actions were classified as parasitic, as they involved comparing prices and inviting customers to test the products at the plaintiff's authorized retailer before purchasing them at a lower price from the defendant's shop. The appeal court upheld these rulings, dismissing the appeal and ordering the defendant to pay the costs. [Extracted from the article]

Inventive property rights (IPR) issues became very important after the announcement of the metaverse. As in the metaverse, the traditional laws of IPR are applicable, and research on new laws that are dedicated to the metaverse has started. In this research paper, we analyze development in this area. We use the Scopus database to examine how metaverse entrepreneurship and IPR rights have evolved over time. We used different parameters such as collaboration index, citation analysis, and keyword co-occurrences to measure the growth in the respective area. This study's results support the idea that studies examining this issue have been mushrooming in recent years. In addition, new issues and areas of study on intellectual property rights have emerged due to the analysis. [ABSTRACT FROM AUTHOR]

Imitation of the nomenclature of Mie Gacoan by Daun Kipas Café and Resto located in Langsa City with the name Mie Gacok along with imitation of its logo is a violation of trademark rights which is a violation of intellectual property rights. The imitation struggles to take advantage unilaterally. In this study, the author formulates the problem, namely how the conflict of trademark rights imitated between mie gacok and mie gacoan, legal protection of intellectual property rights in trademarks, and protection of trademark rights perspective Fatwa MUI Number: 1/MUNAS/VII/MUI/5/2005. This research uses empirical legal research methods somewhat easier for researchers in analyzing cases in the field. The results of the study proved that infringement of intellectual property rights on trademarks. This is considered an administrative criminal act that should be able to be pursued legally. In addition, according to MUI fatwa No. 1/MUNAS VII/MUI/15/2005 concerning Protection of Intellectual Property Rights, the actions of Gacok noodle owners against Gacoan noodles are acts that violate the provisions of MUI No. 1/MUNAS VII/MUI/15/2005 concerning Protection of Intellectual Property Rights which are illegal acts. In addition, MUI fatwa No. 1/MUNAS VII/MUI/15/2005 concerning Protection of Intellectual Property Rights is preventive protective and cannot protect repressively if it does not go hand in hand with Law Number 15 of 2001 concerning Trademarks and Law Number 28 of 2014 concerning Intellectual Property Rights. [ABSTRACT FROM AUTHOR]

Using a new trademark-based product market competition measure and a novel trademark-merger data set over the period 1983–2016, we show that companies facing greater product market competition are more likely to be acquirers. We further show that postmerger, compared to their nonacquiring peers, acquirers consolidate their product offerings by discontinuing more existing product lines and developing fewer new product lines. Using a quasi-experiment based on bids withdrawn due to exogenous reasons helps us establish the causal effect of deal completion on product-market consolidation. We conclude that acquisitions create product market synergies by cutting overlapping product offerings to achieve cost efficiency. [ABSTRACT FROM AUTHOR]