Re: HELP! Relationship between "Similarity" and "Distinctiveness" !!

Subject: Re: Re: HELP! Relationship between "Similarity" and "Distinctiveness" !!

Comments:
: : I am a Spanish student of intellectual Property Law and i would like to Know what is the relationship between the concepts of "similarity" and "distinctiveness", why are these concepts legally important, and have the courts developed clear and workable principles in confronting the problems associated with the definition and use of these concepts? : : thanks a lot for your help!!! : : Ainhoa Espejo : Dear Mr. (Glass), : If there were clear answers to the meaning of words there would be no need for lawyers. What the law is, is a holgram seen from the perspective of the view and what the viewer wants or believes. : My feel for the law is that Similarity is a standard for infringment and Distinctiveness is a standard for non infringement, in one perspective. : If the question were applied to a specific factual situation, I'm not sure what the answer would be. : M. Arthur Auslander : Auslander & Thomas-Intellectual Property Law Since 1909 : 505 Eighth Avenue, New York, NY 10018 : 212-594-6900, fax 212-244-0028, aus@auslander.com : ELAINE's Workshop (sm) : E arly L egal A dvice I s N ot E xpensive

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