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Title: Commercial Morality in Trademark
Author: Saif Khan
Abstract: Trademark law traditionally saw a trademark as little more than a window to the mark owner’s underlying business. Marks were necessary so that customers who were satisfied with a producer’s product could continue to patronize that producer. But, on this view, value lay in the business, and the business of the producer was the ultimate object of protection. Moral rights are representative of social values concerning the protection of trademarks which has either been registered or un-registered. They are based on a belief that trademark is something more than an attempt to earn a livelihood. The trademark results in a special relationship between the trademark owner and the mark used by him. Unfair-competition law comprises a flexible set of doctrines intended to uphold reasonable standards of commercial morality in varied and evolving circumstances, and this body of law should also bar the exploitation of others’ trademarks as advertising keywords.
Category: Trademark
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