[syndicate] Re: what the fuck ?

[astrëe galbiatta]

did you mean
"i send a disturbance in the network" ?
'cause, gosh, what an unending mail..
precious thing... huh ? er.. yee..
all this for a 30er (though smart, indeed) man !
happy birthanyday, f.!

kisses
astrëe


James Allan doit avoir conçu, dit, ou dicté :
> Hmm. I sense a disturbance in the network....and christen it BoyWars
> (that's trademarked btw).
>
> So, for future reference and semi-legal sounding correspondance here's a
> handy glossary from the good people at the International Tradmark
> Association (http://www.inta.org/info/glossary.html).
>
>
> ....................................................
>
> A
>
> Abandonment
> Discontinuation of use of a trademark with no intent to resume such use
>
>
> Actual Confusion
> When a consumer is in fact confused as to the source of goods or services
> because of similarity between two marks
>
>
> Acquiescence
> Failure to take action against infringing parties, or other actions
> indicating, implicitly or explicitly, that nothing will be done about
> infringing activities. Can lead to abandonment of trademark rights.
>
>
> Acquired Distinctiveness
> Marks that are not inherently distinctive (for example, those that are
> merely descriptive, surnames, or geographic indicators) may nevertheless
> become capable of serving as trademarks by becoming associated in the mind
> of the relevant public with a particular source of goods and services as a
> result of extensive advertising and widespread use. This is called
> “acquired distinctiveness” or “secondary meaning.”
>
>
> Alternative Dispute Resolution (ADR)
> Utilizing processes to resolve disputes outside traditional litigation
> channels
>
>
> Amendment to Allege Use (AAU)
> Attestation that the mark that is the subject of an intent-to-use (ITU)
> application has been used in interstate commerce; filed before the USPTO
> has issued a Notice of Publication.
>
>
> Anticybersquatting Consumer Protection Act (ACPA)
> A 1999 amendment to the Lanham Act providing a cause of action against
> cybersquatters, i.e., those who register others’ trademarks as domain
> names with bad-faith intent to profit.
>
>
> Anti-Dilution Statutes
> State and federal laws that enable the owner of a famous mark to prevent
> third-party uses of the mark that might tarnish the mark or blur its
> distinctiveness
>
>
> Application
> Request to register at a Trademark Office
>
>
> Arbitration
> The referral of a dispute to one or more impartial persons for final and
> binding determination
>
>
> Arbitrary Mark
> Marks that are existing words with no relation to the goods or services
> (APPLE for computers and TIDE for detergent)
>
>
> Assignments
> Transfer, sale
>
>
> Availability Search or Clearance Search
> Review of existing trademarks owned by others (registered or not) to
> determine whether adoption and use of a trademark might pose a risk of
> infringement liability, and whether the mark may be registrable. Can be
> either preliminary (“screening” or “knockout” search) or comprehensive
> (“full”).
>
>
> B
> Bad faith
> Acting with intent to mislead or deceive or to neglect a duty or
> contractual obligation
>
>
> Blurring
> Weakening the distinctiveness of a famous trademark; one form of dilution
>
>
> Bona Fide
> Latin for “good faith.” In or with good faith; openly and sincerely,
> without intent to deceive or defraud
>
>
> Brand
> The commercial “persona” of a particular product or service, established
> by marketing and advertising; often captured via one or more trademarks
>
>
> C
> Cause of Action
> Basis for filing a lawsuit, or a claim asserted in a lawsuit, deriving
> either from statutory or common law
>
>
> Cease and desist letter
> A letter sent by a trademark owner demanding that another immediately stop
> using its trademark, typically accompanied by at least the implicit threat
> of a lawsuit.
>
>
> Channels of Trade
> The media in which the goods and/or services associated with a trademark
> are advertised; the vehicles used to market and/or sell them; and/or the
> target market to which they are sold. One of the Polaroid Factors used to
> analyze likelihood of confusion between two marks.
>
>
> Class
> Category of goods or services adopted as an international standard in most
> countries
>
>
> Coexistence agreement
> Agreement by two or more persons that similar marks can coexist without
> any likelihood of confusion; allows the parties to set rules by which the
> marks can peacefully coexist.
>
>
> Commerce Clause
> Third paragraph of Article I, Section 8 of the United States Constitution,
> empowering Congress “To regulate Commerce with foreign Nations, and among
> the several States, and with the Indian Tribes.”
>
>
> Common Law Trademark
> The owner of a trademark that is used in commerce acquires common law
> rights in that mark that can be enforced in the courts, whether or not the
> mark has also been registered
>
>
> Community Trade Mark (CTM)
> Single unitary right covering all countries in the European Union.
> Accessible to all Paris Convention Countries, the members of the World
> Trade Organization, and on the basis of reciprocity with all European
> Union member countries
>
>
> Comprehensive (“Full”) Search
> Thorough review of existing trademarks owned by others (registered or not)
> to determine whether adoption and use of a trademark might pose a risk of
> infringement liability, and whether the mark may be registrable.
>
>
> Concurrent use agreement
> Agreement by two or more persons to use the same or similar mark in
> connection with the same or similar products or services; usually limited
> by geographic boundaries.
>
>
> Constructive use date
> The date on which use of a trademark is deemed to have occurred, even
> without actual use. For example, the filing date of an intent-to-use
> (“ITU”) application will be treated as if it were the actual date of first
> use, if and when the ITU application ripens into a registration.
>
>
> Copyright
> Ownership rights in original works of authorship, granting the owner
> exclusive control over distribution, display, copying, performance, and
> adaptation of those works
>
>
> Corporate Name
> The name under which a corporation conducts business, also known as a
> trade name. It may or may not also be used as a trademark to identify the
> corporation’s goods and services.
>
>
> Counterfeiting
> Deliberate use of a spurious mark which is identical with or substantially
> indistinguishable from a registered mark
>
>
> CPR Institute for Dispute Resolution (CPR)
> ADR provider approved by ICANN for domain name disputes
>
>
> D
> Deceptive
> Likely to deceive the public as to the origin and/or nature of the goods
> or services
>
>
> Declaratory judgment action
> A determination by a court of the legal rights and responsibilities of the
> parties. Typically, a party sued for trademark infringement will
> counterclaim for a declaration of non-infringement. Under proper
> circumstances, a party may request such a declaration in anticipation of
> being sued.
>
>
> Defensive Registration
> Special category of trademark registrations that, although generally not
> used, aims to protect the primary trademark
>
>
> Descriptive Mark
> Marks having direct reference to the nature and/or other characteristics
> of the goods or services
>
>
> Details (Of the Applicant)
> The full name, address, and nationality of the applicant
>
>
> Dilution
> Unauthorized use of a highly distinctive mark by another in a manner which
> tends to blur its distinctiveness or tarnish its image even without any
> likelihood of confusion
>
>
> Distinctive
> Marks that present a unique commercial impression
>
>
> Domain Name
> A component of an Internet “address” or URL (Universal Resource Locator)
> consisting of a top-level domain or “suffix” (e.g., “.com,” “.org,” etc.)
> and a second-level domain chosen by the owner of the website. For example,
> in INTA’s URL, http://www.inta.org, the domain name is “inta.org.”
>
>
> Due diligence
> The level of prudence, activity, or care properly to be expected from a
> reasonable and prudent person under particular circumstances, not measured
> by an absolute standard but determined under the facts of the situation.
> In trademark law, the level of caution to be exercised, when adopting a
> new trademark, to avoid infringing the rights of others.
>
>
> Duration
> Life of a trademark registration, indefinitely renewable
>
>
> E
> Estoppel
> Equitable legal doctrine whereby a party is prevented by his own past
> conduct from claiming a right or entitlement, to the detriment of some
> other party that was entitled to, and did, rely on that conduct
>
>
> Examination
> Analysis carried out by a national or regional trademark office to
> determine the registrability of a trademark
>
>
> F
> Fanciful or Coined Mark
> A mark that is made up and has no built-in meaning (KODAK for cameras and
> EXXON for petroleum)
>
>
> Fair Use
> Use of another’s trademark that is (a) descriptive of one’s own products;
> (b) other than use as a trademark; and (c) undertaken in good faith.
> Usually considered an absolute defense to a claim of trademark
> infringement.
>
>
> Federal Trademark Dilution Act
> Section 43(c) of the Lanham Act, creating a cause of action that enables
> the owner of a famous mark to prevent third-party uses of the mark that
> might tarnish the mark or blur its distinctiveness. See 15 U.S.C. §
> 1125(c)
>
>
> File History
> The record of official filings and actions in the USPTO related to the
> prosecution of a trademark application
>
>
> Filing
> To deposit a trademark application at the Trademark Office
>
>
> Franchise
> A license from the owner of a trademark permitting another to sell a
> product or service under that trademark, usually in accordance with
> methods and practices established by the franchisor.
>
>
> G
> Generic Term
> A word or phrase that is or has come to be the common term associated with
> or known as a particular category of goods or services to which it
> relates, thereby ceasing to function as an indicator of origin
>
>
> Genericide
> The process by which a mark loses its distinctiveness, and hence its
> ability to function and be legally protected as a trademark. This usually
> occurs when a mark is used improperly, and over a long period of time, as
> the common descriptive (“generic”) name for a type or category of goods or
> services, rather than as an identifier for the goods or services of a
> particular party.
>
>
> Goods
> Products identified by a trademark
>
>
> Goodwill
> Value of business attached to a trademark
>
>
> Gravamen
> The gist or thrust of a grievance or complaint
>
>
> H
> Home Registration or Application
> Registration or application granted or filed in the country of origin.
>
>
> I
> Identity
> The commercial “persona” of an individual, which may be protectable under
> the right of publicity
>
>
> Incontestability
> State of a trademark registration, after a certain time and under given
> conditions, becoming unattackable to varying degrees
>
>
> Infringement
> Violation of trademark rights
>
>
> Inherently distinctive
> Marks that communicate to the consumer, when encountered for the first
> time, that they are identifying the source of goods and/or services rather
> than merely describing the goods and services themselves. Inherently
> distinctive marks can be further classified as suggestive, fanciful, or
> arbitrary. Marks that consist of generic or merely descriptive terms are
> not inherently distinctive.
>
>
> Injunctive relief
> A court order preventing or mandating certain conduct, either on a
> temporary basis pending a full determination of the merits of a lawsuit,
> or on a permanent basis following such a determination. Typically, in
> trademark, an order barring use of a trademark.
>
>
> Intent to Use (ITU) Application
> An application for a federal registration made to the USPTO for a
> trademark that is not yet being used. Affords an opportunity to see if the
> USPTO will register the mark before investing in marketing and promoting
> the mark; also secures an early priority date (normally a priority date is
> not set until actual use).
>
>
> International Classification
> An internationally agreed system by which “goods” are grouped into 34
> different classes, generally sorted by the material from which the goods
> are made and/or the use to which the goods are put, and “services” are
> grouped into 11 different classes, generally sorted by the type of service
> provided. The purpose of the system is to enable trademarks to be searched
> and compared for possible conflicts.
>
>
> International Registration (IR)
> Trademark registration obtained from the World Intellectual Property
> Organization (WIPO) pursuant to the Madrid Agreement and/or the Madrid
> Protocol
>
>
> International Trademark Association (INTA)
> Worldwide association of trademark owners, attorneys, and other
> professionals
>
>
> Internet Corporation for Assigned Names and Numbers (ICANN)
> An international body that oversees the assignment of Internet domain
> names
>
>
> Interstate Commerce
> Commerce between persons or places in two or more states; activity that
> may be regulated by Congress pursuant to the Commerce Clause of the U.S.
> Constitution
>
>
> L
> Laches
> Equitable legal doctrine whereby a party is prevented by his own delay or
> inaction from claiming a right or entitlement, to the detriment of some
> other party that was entitled to, and did, rely on that delay or inaction
>
>
> Lanham Act
> The U.S. federal statute governing trademarks and unfair competition; also
> known as the Trademark Act. See 15 U.S.C. §§ 1051 et seq
>
>
> License
> Proprietor's authorization to third parties to use its trademark
>
>
> Likelihood of Confusion
> The prospect that consumers might be confused as to the source of goods or
> services represented by two similar trademarks; the basic standard for
> trademark infringement
>
>
> Likelihood of Dilution
> The prospect that a famous mark might be tarnished, or its distinctiveness
> blurred, by another mark. Recently rejected by the U.S. Supreme Court as a
> basis for liability under the Federal Trademark Dilution Act; still viable
> under many state antidilution laws
>
>
> M
> Madrid Protocol
> Trademark treaty enacted in 1995 (in conjunction with the 1891 Madrid
> Agreement), enabling trademark owners to obtain a single International
> Registration that can extend protection to any country that has signed the
> Protocol.
>
>
> Mark
> Any trademark, service mark, certification mark, or collective mark
>
>
> Marking
> Indication on the goods, or in connection with services, that a mark is
> registered or that rights are claimed in the mark either by the
> international symbol ® (for registered marks) or by other symbols or
> wording permitted or required by the law of each country
>
>
> Mediation
> A meeting between the disputants and a neutral whose role is to help the
> parties explore issues, needs and settlement options
>
>
> Mismarks
> Trademarks designed to be confusingly similar to existing marks, for the
> purpose of passing off one’s goods or services as those of another
>
>
> O
> Opinion Letter
> Written analysis provided by an attorney to a trademark owner or
> prospective trademark owner, analyzing the results of a
> clearance/availability search and identifying the legal risks associated
> with using a particular trademark, such as the possibility of infringing
> or diluting an existing mark and hence being sued, and the likelihood that
> an application for trademark registration will be rejected.
>
>
> Oppose
> To contest or object to an application at the Trademark Office level
>
>
> P
> Patent
> The exclusive right to make, use or sell an invention with respect to
> devices or methods that are deemed useful, novel, and non-obvious
>
>
> Polaroid Factors
> Factors typically analyzed by courts to determine whether a likelihood of
> confusion exists between two trademarks (named after the famous case,
> Polaroid Corp. v. Polarad Electronics Corp., 287 F.2d 492 (2d Cir.), cert.
> denied, 368 U.S. 820 (1961), in which they were articulated). They
> include: (a) the strength of the plaintiff’s mark; (b) similarity of the
> marks; (c) relatedness of the goods or services; (d) overlap in marketing
> channels for the goods and services; (e) likelihood that the plaintiff
> might enter the market for the defendant’s goods and services; (f)
> evidence of actual confusion; (g) the defendant’s intent in adopting its
> mark; (h) the sophistication of the target market, i.e., the degree of
> care consumers are likely to exercise in distinguishing between goods and
> services from different sources.
>
>
> Policing
> Monitoring the marketplace for unauthorized or improper uses of a
> trademark, and pursuing enforcement of one’s rights accordingly
>
>
> Preliminary Injunction
> A court order temporarily preventing or mandating certain conduct pending
> a full determination of the merits of a lawsuit. Typically, in trademark
> law, an order barring use of a trademark pending resolution of an
> infringement action.
>
>
> Preliminary (“Screening”; “Knockout”) Search
> Initial availability/clearance search, aimed at spotting
> readily-identifiable conflicts at the outset so as to avoid the need for a
> comprehensive (“full”) search. Often used to narrow a list of potential
> trademarks under consideration.
>
>
> Presumption of Abandonment
> Statutory presumption that a party that has not used its mark for two
> years has abandoned its rights in the mark, i.e., has discontinued use
> with intent not to resume use
>
>
> Prima Facie
> Latin for “on the face of it”; a fact or argument presumed to be true
> unless disproved by evidence to the contrary
>
>
> Principal Register
> The primary registry of trademarks maintained by the USPTO. To qualify for
> registration on the Principal Register, a trademark must be distinctive
> and currently in use. Trademarks that qualify for Principal Register
> registration receive all the benefits of registration, whereas those
> registered on the Supplemental Register do not.
>
>
> Prior Use
> Marketing or selling goods or services with the mark before, or in absence
> of, registration
>
>
> Priority/Priority Date
> The date that determines who has superior rights as between two parties
> using the same mark for similar goods and/or services. In the United
> States, the priority date is generally the date a trademark was first used
> in commerce (but see Constructive Use). In most other countries, the
> priority date is the date of the first filing of a trademark application.
>
>
> Proof of use
> Proof that a mark has been used in commerce in connection with the
> identified goods and/or services; usually, a specimen of the mark as used
> in commerce and a signed declaration from the applicant attesting to the
> date of first use. May be filed in conjunction with an application based
> on use in commerce, or as part of a Statement of Use or Amendment to
> Allege Use in conjunction with an Intent-to-Use (ITU) Application.
>
>
> Q
> Quality Assurance
> Obligation of a trademark owner to ensure that goods and services sold
> under its trademark (by licensees, for example) conform to a consistent
> standard of quality
>
>
> Quasi-Property Rights
> From the Latin quasi, meaning “as if”; “almost as it were”; “analogous
> to.” Hence, similar to property rights
>
>
> R
> ® symbol
> A symbol attesting that a trademark or service mark has been registered
>
>
> Record
> To register any documents with the Trademark Office relating to the
> ownership or scope of rights of the mark
>
>
> Rectify
> To cancel, revoke, or expunge a trademark registration (peculiar to the
> United Kingdom and a few other British law countries)
>
>
> Registration
> Grant of a trademark certificate by national or regional authorities
>
>
> Renewal
> Prolongation of registration for an additional period of time
>
>
> Royalty
> Payment made by a licensee in return for permission to use another’s
> trademark
>
>
> S
> Search
> Investigation of a country’s or region’s trademark register for similar
> marks as used with similar goods or services to determine the availability
> of a trademark for registration and use
>
>
> Secondary Meaning
> Marks that are not inherently distinctive (for example, those that are
> merely descriptive, surnames, or geographic indicators) may nevertheless
> become capable of serving as trademarks by becoming associated in the mind
> of the relevant public with a particular source of goods and services as a
> result of extensive advertising and widespread use. This is called
> “acquired distinctiveness” or “secondary meaning.”
>
>
> Security Interest
> Interest in property obtained pursuant to an agreement whereby the
> property serves as collateral for a loan. Trademarks and trademark
> registrations can be used in this manner.
>
>
> Service Mark
> Marks used in the sale or advertising of services to identify and
> distinguish the services of one company from those of others
>
>
> Services
> Activities (physical or intellectual) identified by a trademark
>
>
> Source Identification
> The basic function of a trademark: denoting the unique source of the
> particular goods or services to which the mark pertains
>
>
> Statement of Use (SOU)
> Attestation that the mark that is the subject of an intent-to-use (ITU)
> application has been used in interstate commerce; filed after the USPTO
> has issued a Notice of Publication.
>
>
> Suggestive Mark
> Marks that suggest some attribute of or benefit from the goods or
> services, but do not describe the goods themselves (COPPERTONE for tanning
> lotion and WHIRLPOOL for washers)
>
>
> Supplemental Register
> A secondary registry of marks maintained by the USPTO, often for marks not
> considered sufficiently distinctive to be listed on the Principal
> Register. Though marks on the Supplemental Register do not receive all the
> benefits of registration available to marks on the Principal Register,
> registration on the Supplemental Register does allow the owner to use the
> ® symbol next to its mark, and also provides notice to potential users
> that the mark is already being used.
>
>
> T
> Tarnishment
> Weakening the distinctiveness of a famous trademark, usually through
> inappropriate or unflattering associations; one form of dilution
>
>
> Temporary restraining order (TRO)
> A court order temporarily preventing or mandating certain conduct pending
> further determination of the merits of a lawsuit. Typically, in trademark
> law, an order barring use of a trademark at the outset of an infringement
> action.
>
>
> Trade Dress
> The overall graphics and shape of the product or its packaging
>
>
> Trade Name
> The name used by a company in its business activities
>
>
> Trade Secret
> Any knowledge, device, formula, compilation of information, or the like,
> that is used in business, is not known to others, and gives a competitive
> advantage to the owner
>
>
> Trademark
> Any word, name, symbol, device, slogan, package design or combination of
> these that serves to identify and distinguishes a specific product from
> others in the market place or in trade. Even a sound, color combination,
> smell or hologram can be a trademark under some circumstances. The term
> trademark is often used interchangeably to identify a trademark or service
> mark. (Depending on the country you are in, this term may be spelled
> trade-mark, or trade mark.)
>
>
> Trademark Attorney
> An expert on trademarks who is qualified to practice before a country’s
> Trademark Office and may be licensed to practice law in some countries.
> Depending on the country, a trademark attorney is referred to as a
> trademark practitioner, trademark agent, or trademark consultant.
>
>
> Trademark Law Revision Act
> 1988 revision of the Lanham Act
>
>
> Trademark Manual of Examining Procedure (TMEP)
> Codification of the standards and procedures used by USPTO Examining
> Attorneys in the review of trademark applications
>
>
> Trademark Law Treaty (TLT)
> 1996 treaty that harmonized requirements and simplified administrative
> procedures for international trademark registrations
>
>
> Trademark Treaty Implementation Act
> Amendment to the Lanham Act, requiring proof of actual use in commerce of
> registered marks every ten years
>
>
> Trademark Trial and Appeal Board (TTAB)
> Administrative tribunal of the USPTO; adjudicates opposition and
> cancellation proceedings, and hears appeals of final rejection of
> trademark applications
>
>
> Treble Damages
> Three times the damages proved in an infringement action. Awarded at the
> discretion of the court, usually in cases of willful infringement.
>
>
> U
> Uniform Domain Dispute Resolution Policy (UDRP)
> ADR system operated by the World Intellectual Property Organization (WIPO)
> for disputes between trademark owners and domain name registrants.
>
>
> Unfair Competition
> Common law cause of action encompassing trademark infringement as well as
> other unfair business practices such as false advertising
>
>
> United States Patent and Trademark Office (USPTO)
> The U.S. federal agency responsible for overseeing the grant, registration
> and maintenance of patents and trademarks
>
>
> Use
> The marketing or sale of goods or services under a trademark
>
>
> W
> Watch Service
> A third party retained for the purpose of monitoring marketplace for
> unauthorized or improper uses of one’s trademarks. See Policing.
>
>
> Well-Known Marks
> Those marks that, in view of their widespread reputation, may enjoy
> broader protection than ordinary marks
>
>
>
> -------------------------------------------------
>
>
> Sources:
>
> William M. Borchard, ed., Trademark Basics: A Guide for Business. New
> York: International Trademark Association, 1997.
>
> Weston, Robert, John Hornick, Julia Holden, Allen Israel and Davina Lee,
> eds., Country Guides: Basic Information on Trademark Registration
> Worldwide, 3rd Edition. New York: International Trademark Association,
> 2002.
>
> To learn more about these INTA Publications, visit our online Publications
> Catalog.
>
> Thank you to the members of the Online Resources subcommittee of the
> 2004-2005 Information Resources Committee for their hard work and
> dedication in updating and making this resource available to the public.
>
>
>


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