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Define The Infringement Of Trademark Parody

Posted on:2017-07-25Degree:MasterType:Thesis
Country:ChinaCandidate:Y LeFull Text:PDF
GTID:2336330488977944Subject:Law
Abstract/Summary:PDF Full Text Request
Parody,originally used in in the literature work as a kind of expression. Basicall y, it could change the original work into comical style so as to do Satire and criticism for the literature work by altering the essential contents and main ideas. After conduct ing a long theoretical research and practice, human have nearly produced a prefect la w system aiming at protecting the legal rights and profits of original author and encou raging quality second-time creative work.With the Cyber culture flourishing,various kinds of new media has become the main resources of information for the the youth. Being similar with the style of the Cyber culture concerning its satirical comical aspect, parody has been used frequently in making trademark which has been protected by the trademark law as it is a kind of intellectual property. Trademark law tends to protect exclusive rights of trademark and assure the quality of the goods or service. In this case, it is important to define the red line for the parody for whether it has violates the trademark law. Our country has not provided definite ways to define this crimes. It has also been discussed by academia while there are no setting rules to tackle it in courts.This dissertation would make contrasts between parody with other illegal activities(imitation,parody,copycat) and find different kind of it, considering it as a form of expression in order to arose public focus on it. Then it would be analyzed for whether it is reasonable and the rules for people to obey when using it. Finally the dissertation would introduce some standards for whether it violate the trademark laws and its factors concerning according to American trademark law.Overall, trademark has exert influence on public daily life to some extent and la ws should make emendation to ensure the benefits of different parties with the develo pment of society. Thus, it is significant to consumers,proprietor and comical imitators...
Keywords/Search Tags:trademark parody, infringement, confusion, fair use, criterion
PDF Full Text Request
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