comparative study of elements of trademark infringement in us and iranian law
According to Article 32 (1) of the American Trademark law, trademark infringement is commercial use with no permition of the mark of another in a way that causes likelihood of confusion to product or service, their origin or affiliation to that origin. The grounds of of realizationtrademark infrin...
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| Format: | Article |
| Language: | fas |
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Allameh Tabataba'i University Press
2018-09-01
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| Series: | Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī |
| Subjects: | |
| Online Access: | https://jplr.atu.ac.ir/article_9004_20bc73274ce6b77a309f7a3349cb5468.pdf |
| _version_ | 1797375833167364096 |
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| author | mahsa madani zohre farrokhi |
| author_facet | mahsa madani zohre farrokhi |
| author_sort | mahsa madani |
| collection | DOAJ |
| description | According to Article 32 (1) of the American Trademark law, trademark infringement is commercial use with no permition of the mark of another in a way that causes likelihood of confusion to product or service, their origin or affiliation to that origin. The grounds of of realizationtrademark infringement in us include the existence of valid mark whether registered or unregistered and using of mark, being the use commercial, proof of likelihood of confusion. Also the Iranian patent, industrial dedign and trademark law, introduce the non permission use of anothers mark and accoring likelehood of confusion of the consumer, the requirements of civil liability from the trademark infringement and like lanham act, do not mention the negligince of defendant. However, studing the judicial perecents shaws that in iraninn law, existing of valid registered or unregistered mark and being the use of anothers mark commercial, is the realization of infringement. Unlike the American system, Iranian law does not mention the confusion arising from affiliation and confusion following such confusion, is considered under the false advertising. In compare with the lanham act, with respect to the irrelevance of it in confision of consumer, this is the advantage of Iran's law. In this paper, emphasizing judgements of courts of us and Iran, analyzing these elements will be discussed and appropriate proposals presented during the discussion of the project. |
| first_indexed | 2024-03-08T19:29:56Z |
| format | Article |
| id | doaj.art-e54837de16114ac8a885ddb6c4efafbd |
| institution | Directory Open Access Journal |
| issn | 2345-3583 2476-6232 |
| language | fas |
| last_indexed | 2024-03-08T19:29:56Z |
| publishDate | 2018-09-01 |
| publisher | Allameh Tabataba'i University Press |
| record_format | Article |
| series | Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī |
| spelling | doaj.art-e54837de16114ac8a885ddb6c4efafbd2023-12-26T07:48:21ZfasAllameh Tabataba'i University PressFaṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī2345-35832476-62322018-09-017249512010.22054/jplr.2018.22426.15759004comparative study of elements of trademark infringement in us and iranian lawmahsa madani0zohre farrokhi1Department of private law, Shiraz Branch, Islamic Azad University, Shiraz, IranDepartment of private law, Shiraz Branch, Islamic Azad University, shiraz, iran and assistant professor of islamic azad university, shiraz branchAccording to Article 32 (1) of the American Trademark law, trademark infringement is commercial use with no permition of the mark of another in a way that causes likelihood of confusion to product or service, their origin or affiliation to that origin. The grounds of of realizationtrademark infringement in us include the existence of valid mark whether registered or unregistered and using of mark, being the use commercial, proof of likelihood of confusion. Also the Iranian patent, industrial dedign and trademark law, introduce the non permission use of anothers mark and accoring likelehood of confusion of the consumer, the requirements of civil liability from the trademark infringement and like lanham act, do not mention the negligince of defendant. However, studing the judicial perecents shaws that in iraninn law, existing of valid registered or unregistered mark and being the use of anothers mark commercial, is the realization of infringement. Unlike the American system, Iranian law does not mention the confusion arising from affiliation and confusion following such confusion, is considered under the false advertising. In compare with the lanham act, with respect to the irrelevance of it in confision of consumer, this is the advantage of Iran's law. In this paper, emphasizing judgements of courts of us and Iran, analyzing these elements will be discussed and appropriate proposals presented during the discussion of the project.https://jplr.atu.ac.ir/article_9004_20bc73274ce6b77a309f7a3349cb5468.pdfinfringement of trademarkcommercial uselikelihood of confusionus lawiranian law |
| spellingShingle | mahsa madani zohre farrokhi comparative study of elements of trademark infringement in us and iranian law Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī infringement of trademark commercial use likelihood of confusion us law iranian law |
| title | comparative study of elements of trademark infringement in us and iranian law |
| title_full | comparative study of elements of trademark infringement in us and iranian law |
| title_fullStr | comparative study of elements of trademark infringement in us and iranian law |
| title_full_unstemmed | comparative study of elements of trademark infringement in us and iranian law |
| title_short | comparative study of elements of trademark infringement in us and iranian law |
| title_sort | comparative study of elements of trademark infringement in us and iranian law |
| topic | infringement of trademark commercial use likelihood of confusion us law iranian law |
| url | https://jplr.atu.ac.ir/article_9004_20bc73274ce6b77a309f7a3349cb5468.pdf |
| work_keys_str_mv | AT mahsamadani comparativestudyofelementsoftrademarkinfringementinusandiranianlaw AT zohrefarrokhi comparativestudyofelementsoftrademarkinfringementinusandiranianlaw |