Intellectual Properties Infringement

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Intellectual Property Introduction: “Intellectual Property is a strategic tool for any company” (R. Bird & S. Jain). Companies around the world spend heavily on research and development for processes and products that differentiate them from their competitors in their respective industries. After spending billions on the brand image and acquiring patents, copyrights and trademarks, the companies still face a lot of intellectual property infringement which causes them losses in profits and decreased goodwill. The companies, now-a-days, are spending on infringement litigation so as to protect their goodwills and brand images. The problem for these companies is that protection for intellectual properties varies from country to country, thus, making the protection measures complex, expensive and a necessary evil for them. This essay takes into account 3 cases on ‘Intellectual Property Infringement’ so as to point out the types of problems these companies, essentially from different backgrounds, deal with the different intellectual property laws and protection rules surrounding each of them and the ways they tried to or successfully defended themselves. Adidas America Vs. Payless Shoesource: This case is an example of an ‘Inch’ case where the chances of the consumer being confused between the plaintiff’s brand and the defendant’s brand are very high. Adidas brought this case against Payless Shoesource for many claims, most importantly, for confusing the customers by closely imitating the ‘3 Stripe Trademark’ and the ‘Superstar’ trade dress so as to lead them to believe that the defendants product were an original or authorised product by Adidas, which was not the case. Complaints by the plaintiffs: ‘Three Stripes’ trademark infringement and dilution, brand image damages, unfair competition by ways of ‘confusing’ customers, thus, hindering quality

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