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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  • jaffa 02/29/2012 6:37am

    The essential function of a trademark is to exclusively identify the commercial source or origin of products or services, such that a trademark, properly called, indicates source or serves as a badge of origin. In other words, trademarks serve to identify a particular business as the source of services. Thanks.
    Regards,
    Scottsdale Ranch Homes for Sale

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  • jaffa 02/29/2012 6:56am

    However, in some countries unregistered rights in a sign may also be enforced. These are often known as common law rights. An unregistered sign is usually only protected within the geographical area within which it has been used or in geographical areas into which it may be reasonably expected to expand. Thanks.
    Regards,
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  • webmaster03 03/02/2012 6:45am

    That’s such great information. Keep up your work, I enjoyed my visit to your website. cna training

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  • jaffa 03/13/2012 9:45am

    In most systems, a trademark can be registered if it is able to distinguish the goods or services of a party, will not confuse consumers about the relationship between one party and another, and will not otherwise deceive consumers with respect to the qualities of the product. Thanks.
    Regards,
    auto insurance tx

  • jaffa 03/13/2012 9:46am

    In most systems, a trademark can be registered if it is able to distinguish the goods or services of a party, will not confuse consumers about the relationship between one party and another, and will not otherwise deceive consumers with respect to the qualities of the product. Thanks.
    Regards,
    auto insurance tx

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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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  • 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

  • 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

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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 03/21/2012 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

  • 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

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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 03/27/2012 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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