H.R.3782 - Online Protection and Enforcement of Digital Trade Act

To amend the Tariff Act of 1930 to address unfair trade practices relating to infringement of copyrights and trademarks by certain Internet sites, and for other purposes. view all titles (3)

All Bill Titles

  • Official: To amend the Tariff Act of 1930 to address unfair trade practices relating to infringement of copyrights and trademarks by certain Internet sites, and for other purposes. as introduced.
  • Short: Online Protection and Enforcement of Digital Trade Act as introduced.
  • Short: OPEN Act as introduced.

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Displaying 1-30 of 43 total comments.

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arafat09 07/28/2012 3:56am

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jaffa 04/20/2012 2:43am

The trademark which is popularly used to describe a product is sometimes known as a genericized trademark. If such a mark becomes synonymous with that product or service to the extent that the trademark owner can no longer enforce its proprietary rights, the mark becomes generic. Thanks.
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jaffa 04/05/2012 11:48pm

Importing firms voluntarily adhere to fair trade standards or governments may enforce them through a combination of employment and commercial law. Proposed and practiced fair trade policies vary widely, ranging from the common prohibition of goods made using slave labour to minimum price support schemes. Thanks.
Regards,
designer fabrics

jaffa 03/28/2012 1:04am

Fair use may be asserted on two grounds, either that the alleged infringer is using the mark to describe accurately an aspect of its products, or that the alleged infringer is using the mark to identify the mark owner. One of the most visible proofs that trademarks provide a limited right in the U.S. comes from the comparative advertising that is seen throughout U.S. media. Thanks.
Regards,
painters Dallas Texas

jaffa 03/27/2012 5:23am

An abandoned mark is not irrevocably in the public domain, but may instead be re registered by any party which has re established exclusive and active use, and must be associated or linked with the original mark owner. If a court rules that a trademark has become generic through common use, the corresponding registration may also be ruled invalid. Thanks.
Regards,
house painters Dallas Texas

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jaffa 03/23/2012 11:45pm

An owner can at any time commence action for infringement against a third party as long as it had not previously notified the third party of its discontent following third party use and then failed to take action within a reasonable period of time. Thanks.
Regards,
Garage Door Repair Thousand Oaks

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jaffa 03/21/2012 4:37am

In the US, owing to the overwhelming number of unregistered rights, trademark applicants are advised to perform searches not just of the trademark register but of local business directories and relevant trade press. Specialized search companies perform such tasks prior to application. Thanks.
Regards,
sink

jaffa 03/21/2012 1:14am

The law in most jurisdictions also allows the owner of a registered trademark to prevent unauthorized use of the mark in relation to products or services which are identical similar to the registered products or services, and in certain cases, prevent use in relation to entirely dissimilar products or services. The test is always whether a consumer of the goods or services will be confused as to the identity of the source. Thanks.
Regards,
sink

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jaffa 03/17/2012 4:57am

The use of a trademark in this way is known as trademark use. Certain exclusive rights attach to a registered mark, which can be enforced by way of an action for trademark infringement, while in some countries unregistered trademark rights can be enforced pursuant to the common law tort of passing off. Thanks.
Regards,
Wind Generator

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jaffa 03/16/2012 12:09am

In the US, owing to the overwhelming number of unregistered rights, trademark applicants are advised to perform searches not just of the trademark register but of local business directories and relevant trade press. Specialized search companies perform such tasks prior to application. Thanks a lot.
Regards,
house painters San Diego

jaffa 03/16/2012 12:08am

In the US, owing to the overwhelming number of unregistered rights, trademark applicants are advised to perform searches not just of the trademark register but of local business directories and relevant trade press. Specialized search companies perform such tasks prior to application. Thanks a lot.
Regards,
house painters San Diego

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jaffa 03/15/2012 12:53am

OPEN would give oversight to the International Trade Commission instead of the Justice Department, focuses on foreign based websites, includes an appeals process, and would apply only to websites that willfully promote copyright violation. SOPA and PIPA, in contrast, would enable content owners to take down an entire website, even if just one page on it carried infringing content. Thanks.
Regards,
Toronto Tile Setter


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