COMPARATIVE STUDY OF ELEMENTS OF TRADEMARK INFRINGEMENT IN US AND IRANIAN LAW

Q: How can I download an article?

To download an article from SID, first log in to the site, search for the article title, and click on the 'Download Article' option.

Q: How can I download an ISI article?

To download an ISI article on SID, enter the keyword or article title in the search bar, view the relevant results, click on the desired article, and select the 'Download Article' option.

Q: How can I access the SID database?

To access the SID database, visit SID.ir, create an account, and log in to access scientific resources.

Q: Is downloading articles from SID free?

Some articles on SID are available for free, while others require payment. Details are specified on the article's page.

MADANI MAHSA; FARROKHI ZOHRE

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Journal Paper

Paper Information

Journal: PRIVATE LAW Year:2018 | Volume:6 | Issue:24 Page(s): 95-121

Download Full-Text

Persian Verion

View:

1,300

Download:

Cites:

Information Journal Paper

Title

COMPARATIVE STUDY OF ELEMENTS OF TRADEMARK INFRINGEMENT IN US AND IRANIAN LAW

Author(s)

MADANI MAHSA | FARROKHI ZOHRE | Issue Writer Certificate

Keywords

INFRINGEMENT OF TRADEMARKQ1

COMMERCIAL USEQ1

LIKELIHOOD OF CONFUSIONQ1

US LAWQ1

IRANIAN LAWQ2

Abstract

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 realization trademark 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.

Cites

No record.

References

No record.

Cite

APA: Copy

MADANI, MAHSA, & FARROKHI, ZOHRE. (2018). COMPARATIVE STUDY OF ELEMENTS OF TRADEMARK INFRINGEMENT IN US AND IRANIAN LAW. PRIVATE LAW, 6(24 ), 95-121. SID. https://sid.ir/paper/252710/en

Vancouver: Copy

MADANI MAHSA, FARROKHI ZOHRE. COMPARATIVE STUDY OF ELEMENTS OF TRADEMARK INFRINGEMENT IN US AND IRANIAN LAW. PRIVATE LAW[Internet]. 2018;6(24 ):95-121. Available from: https://sid.ir/paper/252710/en

IEEE: Copy

MAHSA MADANI, and ZOHRE FARROKHI, “COMPARATIVE STUDY OF ELEMENTS OF TRADEMARK INFRINGEMENT IN US AND IRANIAN LAW,” PRIVATE LAW, vol. 6, no. 24 , pp. 95–121, 2018, [Online]. Available: https://sid.ir/paper/252710/en

Related Journal Papers