• Title/Summary/Keyword: Lanham Act

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A Comparison Study on the Comparative Advertising Regulation among Nations (세계 각국의 비교광고 규제에 관한 비교 연구)

  • Lyi, De-Ryong;Lee, Hyun-Seon
    • Korean journal of communication and information
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    • v.26
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    • pp.209-257
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    • 2004
  • Comparative advertising, in which explicit or implicit comparisons are drawn between the advertised brand and its competitors, is commonplace in today's marketplace. While holding the promise of helping consumers make more informed choices among brands, comparative advertising may actually have the opposite effect when they mislead consumers about the relative merits of competing brands. Therefore government agencies are continuously monitoring the comparative advertising to ensure that it is in the public's interest. The objective of this study is to investigate cross-national differences in comparative advertising regulation. For this, the study analyze the law of comparative advertising in Korea and around the world. The results showed there are differences among nations in the law of comparative advertising and most nations have special legislation on the comparative advertising. The other finding of this study is that the law governing comparative advertising becoming increasingly clear. This study can assist advertisers concerned with providing advertising that is acceptable to countries which they attempt to marker. And this work can contribute to the research scream, building on the work of others in broadening the understanding of that constitutes acceptable comparative advertising in contemporary nations.

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Evolution of Internet Trademark Infringement in the U.S. (미국 인터넷상표권 침해관련 법률의 변화에 관한 연구)

  • Kang, Joon Mo
    • Journal of Digital Convergence
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    • v.12 no.10
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    • pp.61-71
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    • 2014
  • Global commerce is apparently here to bind Korean firms as well as Koreans. The advertising, buying and selling of goods and services recognizes no borders. As a result, enforcing territorially based trademark rights has become ever more challenging. Remote trademark owners who peacefully coexisted in a time before the internet and increasing globalism are now bumping heads. The internet also has made it easier for unscrupulous operators to deceive consumers and divert customers from established businesses by misappropriating trademarks on web-sites and in domain names. U.S. federal courts have been willing to help American businesses halt trademark infringements that reaches outside the United States. This is particularly true for e-business, via the internet, and the trend toward enforcement seems to be in favor of the trademark owner. This article discusses this trend as well as the extraterritorial enforcement of trademark rights by U.S. courts under the Lanham Act. It also offers suggestions for protecting valuable trademark rights worldwide. This paper will contribute to global Korean firms and Koreans who carefully read arguments in this valuable literature.