ArticlePDF Available

'Unitorrial' Marks and the Global Economy

Authors:
  • University of Illinois at Chicago School of Law

Abstract

The early decades of the 21st Century may well become known in the annals of intellectual property development as the period when “everything old is new again.” There is one ancient doctrine that has not yet enjoyed a similar renaissance, despite its clear application to today’s new, global, digital economy. It is the old (and currently discredited) view that trademarks and other commercial symbols are universal in nature. First given credence in early US cases regarding the importation of grey market, or parallel imports, the doctrine of universality was gradually replaced by a view of trademarks as creatures of nation states — pure territorial objects. Such limited view served trade protectionist goals which have been rejected in today’s global environment of comparative free trade. This article examines the newly evolving nature of trademarks as “unitorrial” marks in today’s global, digital marketplace. It contends that this new quasi-universal, quasi-territorial nature demands a re-examination of domestic and international trademark law, including the treatment of famous marks, domain names, geographic indications and grey market imports, and the determination of international fora for enforcement. The article concludes by suggesting areas where changes in treatment must be examined in light of this new “unitorrial” trademark.
A preview of the PDF is not available
... Yüzyılın sonlarında ABD'de (1886 Appolinaris Co., Limited, v. Scherer kararı) ve 20. Yüzyılın basļarında Almanya'da (1902 Kölnisch Wasser ve Mariani kararları) rastlanır (bkz., Pınar, 2004;Long, 2002). Konuya ilisķin tartısmalar ise, özellikle ticaret ve yatırımların uluslararasılasmasıyla, 20. ...
... v. Katzel,43 in 1923, at the same time that the first drafts for protection of well-known marks outside of traditional domestic registration obligations were being circulated internationally. 44 Technology has similarly eroded the utility of "territory" as a foundational principle. The development of new global communications media, including satellite, and internet, undermined earlier reliance on territory as the governing geography for intellectual property rights. ...
info top level domains have made special provisions to allow trademark owners the right to challenge attempts to register domain names which might conflict with pre-existing trademark rights. See, e.g., WIPO Guide to the Afilias Sunrise Registration Challenge Policy for info
Most recently, protocols to permit the registration of domain names under new.info top level domains have made special provisions to allow trademark owners the right to challenge attempts to register domain names which might conflict with pre-existing trademark rights. See, e.g., WIPO Guide to the Afilias Sunrise Registration Challenge Policy for info, at http:// arbiter.wipo.int/domains/gtld/info/sunrise/ guide.html (last visited Apr. 20, 2002). See generally Marshall Leaffer, Domain Names, Globalization and Internet Governance, 6 IND. J. GLOBAL LEGAL STUD. 139 (1998) (reviewing problems posed by quasi-private governance of the Internet and methods for reforming it to meet the challenges posed under traditional trademark laws).
Whether protection for domain names is eventually governed by "trademark" or "domain name" systems is yet to be fully decided. See, e.g., Graeme B. Dinwoodie, (National) Trademark Laws and the (Non-National) Domain Name Systems, 21 U
Whether protection for domain names is eventually governed by "trademark" or "domain name" systems is yet to be fully decided. See, e.g., Graeme B. Dinwoodie, (National) Trademark Laws and the (Non-National) Domain Name Systems, 21 U. PA. J. INT'L ECON. L. 495, 520 (2000) (exploring the dual systems for protection that exist and suggesting that domain names should be governed by an independent system of first principles).
Council Regulation (EEC) No. 2081/92 of July 14, 1992 on the Protection of Geographical Indications and Designations of Origin for Agricultural Products and Foodstuffs
Council Regulation (EEC) No. 2081/92 of July 14, 1992 on the Protection of Geographical Indications and Designations of Origin for Agricultural Products and Foodstuffs, 1992 O.J. (L208) 1.
I The United States protects geographic indications generally as certification marks. See generally Jnstitut National Des Appellations v. Brown-Forman Group
  • Id
Id. art. 10. "I The United States protects geographic indications generally as certification marks. See generally Jnstitut National Des Appellations v. Brown-Forman Group, 47 U.S.P.Q.2d 1875 (T.T.A.B. 1998) (recognizing that "cognac" is a valid common law regional certification mark ); see also U.S.