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Trade dress is the characteristics of the visual appearance of a product or its packaging that signify the source of the product to consumers. Trade dress is an aspect of trademark law, which is a pseudo-form of intellectual property protection law not explicitly empowered by the Constitution of the United States as were patent and copyright protection law; as such, trademark law—and thus, trade dress—is enforced on the state level in addition to the federal level.
A generic trademark, also known as a genericized trademark or proprietary eponym, is a trademark or brand name that, because of its popularity or significance, has become the generic term for, or synonymous with, a general class of products or services, usually against the intentions of the trademark's owner.
Parmigiano Reggiano is an Italian hard, granular cheese produced from cow's milk and aged at least 12 months.
Three European Union schemes of geographical indications and traditional specialties, known as protected designation of origin (PDO), protected geographical indication (PGI), and traditional specialities guaranteed (TSG), promote and protect names of agricultural products and foodstuffs. Products registered under one of the three schemes may be marked with the logo for that scheme to help identify those products. The schemes are based on the legal framework provided by the EU Regulation No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs. This regulation applies within the EU as well as in Northern Ireland. Protection of the registered products is gradually expanded internationally via bilateral agreements between the EU and non-EU countries. It ensures that only products genuinely originating in that region are allowed to be identified as such in commerce. The legislation first came into force in 1992. The purpose of the law is to protect the reputation of the regional foods, promote rural and agricultural activity, help producers obtain a premium price for their authentic products, and eliminate the unfair competition and misleading of consumers by non-genuine products, which may be of inferior quality or of different flavour. Critics argue that many of the names, sought for protection by the EU, have become commonplace in trade and should not be protected.
The following four classifications of wine constitute the Italian system of labelling and legally protecting Italian wine:
The Lanham (Trademark) Act (Pub.L. 79–489, 60 Stat. 427, enacted July 5, 1946, codified at 15 U.S.C. § 1051 et seq. is the primary federal trademark statute of law in the United States. The Act prohibits a number of activities, including trademark infringement, trademark dilution, and false advertising.
Behringer is an audio equipment company founded by the Swiss engineer Uli Behringer on 25 January 1989, in Willich, Germany. Behringer was the 14th largest manufacturer of music products in 2007. Behringer is a worldwide, multinational group of companies, with direct marketing presence in ten countries or territories and a sales network in over 130 countries around the world.
False advertising is described as the act of publishing, transmitting, or otherwise publicly circulating an advertisement containing a false, misleading, or deceptive statement, made intentionally or recklessly to promote the sale of property, goods, or services to the public. One form of false advertising is to claim that a product has a health benefit or contains vitamins, minerals, or other nutrients that it does not. Many governments use regulations to control false advertising. A false advertisement can further be classified as deceptive if the advertiser deliberately misleads the consumer, as opposed to making an unintentional mistake.
In France, the appellation d'origine contrôlée is a certification of authenticity granted to certain geographical indications for wines, cheeses, butters, and other agricultural products, under the auspices of the Institut national de l'origine et de la qualité (INAO), based upon the terroir and a form of geographic protectionism. Most products with an AOC designation are also Protected Designations of Origin (PDO)/Appelation d'orrigine protégée (AOP) under EU law and UK law. For those products, only the PDO or AOP designation can be used. However, wines with a PDO/AOP status can still use the French AOC designation.
"Patent pending" or "patent applied for" are legal designations or expressions that can be used in relation to a product or process once a patent application for the product or process has been filed, but prior to the patent being issued or the application abandoned. The marking serves to notify the public, business, or potential infringers who would copy the invention that they may be liable for damages, seizure, and injunction once a patent is issued.
A geographical indication (GI) is a name or sign used on products which corresponds to a specific geographical location or origin. The use of a geographical indication, as an indication of the product's source, acts as a certification that the product possesses certain qualities, is made according to traditional methods, or enjoys a good reputation due to its geographical origin.
Shyster is a slang word for someone who acts in a disreputable, unethical, or unscrupulous way, especially in the practice of law, sometimes also politics or business.
A Made in USA mark is a country of origin label affixed to homegrown, American-made products that indicates the product is "all or virtually all" domestically produced, manufactured and assembled in the United States of America. The label is regulated by the Federal Trade Commission (FTC).
Country of origin (COO) represents the country or countries of manufacture, production, design, or brand origin where an article or product comes from. For multinational brands, COO may include multiple countries within the value-creation process.
Swiss made is a label or marker used to indicate that a product was made or assembled on the territory of Switzerland. According to the Swiss Federal Act on the Protection of Trade Marks and Indications of Source, a good or service may be designated "Swiss made" if:
Inwood Laboratories Inc. v. Ives Laboratories, Inc., 456 U.S. 844 (1982), is a United States Supreme Court case, in which the Court confirmed the application of and set out a test for contributory trademark liability under § 32 of the Lanham Act.
Pharmaceutical fraud involves activities that result in false claims to insurers or programs such as Medicare in the United States or equivalent state programs for financial gain to a pharmaceutical company. There are several different schemes used to defraud the health care system which are particular to the pharmaceutical industry. These include: Good Manufacturing Practice (GMP) Violations, Off Label Marketing, Best Price Fraud, CME Fraud, Medicaid Price Reporting, and Manufactured Compound Drugs. Examples of fraud cases include the GlaxoSmithKline $3 billion settlement, Pfizer $2.3 billion settlement, and Merck $650 million settlement. Damages from fraud can be recovered by use of the False Claims Act, most commonly under the qui tam provisions which rewards an individual for being a "whistleblower", or relator (law).
America Online, Inc. v. IMS, 24 F. Supp. 2d 548 was one of a series of legal battles America Online launched against junk e-mail. In this case, the court held that defendants' unauthorized mailing of unsolicited bulk e-mail constituted a trespass to chattels under Virginia state law.
Textile Fiber Products Identification Act is a consumer protection act in the United States. The act protects the interest of producers and consumers by imposing regulations of labelling and advertising of textile products. The act specifies labeling requirements and numerous guidelines for the advertising of textile products that should qualify the compliance in accordance with the directions in the act. The Federal Trade Commission considers any form of misbranding to be illegal. Moreover, it also requires that the commission provide a generic name for each man-made fibre, in particular for those not yet named. "Natural" and "manufactured" fibers were among two major groups classified by the act, which also maintains a list of generic names that is updated with each new entrant.
References
- ↑ USF Law School. "Question: What is false designation of origin?". Archived from the original on 14 April 2013. Retrieved 5 February 2013.
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