The different types of territorial encroachment

In nation-states[ edit ] Territoriality can also be associated with nation-states. Government and social ideas are also associated with territoriality.

The different types of territorial encroachment

March 15, Vol. Defeating Laches and Acquiescence in U.

Varieties of Encroachment

Understanding this doctrine may assist trademark owners who might otherwise refrain from trying to assert their rights and thereby tolerate infringement of their marks or allow them to be diluted in situations where valid trademark claims could be asserted.

However, if the junior party engages in acts that change the nature of the use of its trademark, the outcome may favor the senior party, despite a lengthy period of concurrent use. Bars to Injunctive Relief Under U.

The first is estoppel by laches, which occurs when the senior user inexcusably delays in filing legal action and the rights of the junior user are prejudiced by that delay.

The second is estoppel by acquiescence, which is not based on the passage of time but is instead generally signaled by some type of assent by the senior user to the use of the junior mark, coupled with reliance on those assurances by the junior user to its prejudice.

Such assent may be express active affirmative consent: However, courts generally are reluctant to apply laches or acquiescence as a bar to injunctive relief, especially in situations where there is a public interest that merits protection.

This is true in trademark litigation, particularly where consumer confusion has occurred or is likely to occur.

For this reason, the courts sometimes have avoided applying laches or acquiescence where significant actual confusion has arisen among consumers or where the junior user will not suffer substantial damage if an injunction issues.

Progressive encroachment is therefore referred to as a counter-defense or offensive countermeasure to the defenses of laches and acquiescence. Invoking the Progressive Encroachment Doctrine In order for the senior user to invoke the progressive encroachment doctrine, the junior user must have taken some action that materially alters the present situation in the marketplace.

For example, if the senior user is also the senior federal trademark registrant and the senior user moves into the geographic territory of the junior user, neither laches nor acquiescence may apply, because the relevant court previously may not have had jurisdiction to determine an infringement claim.

What is the key distinction between types of territories. who made the violation, why did they violate, what type of territory was it, how was violation accomplished, how long did it last, do we expect more violations, where did violation occur. History of the Low Countries: History of the Low Countries, history of the Low Countries from prehistoric times to For historical purposes, the name Low Countries is generally understood to include the territory of what are today the Netherlands, Belgium, and Luxembourg as well as parts of northern France. However. History. According to their tradition, and from recordings in birch bark scrolls, many Ojibwe came from the eastern areas of North America, which they called Turtle Island, and from along the east coast.

Under such circumstances, the senior user generally may prevail in infringement litigation. Similarly, if the commercial environment should change through no fault of either party e. However, where only the conduct of the junior user has significantly changed, the progressive encroachment doctrine may come into play to aid the senior user if that conduct brings the parties into more direct competition and the senior user was not unreasonable in delaying action against the junior user.

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Progressive encroachment tends to fall into six categories, and many times more than one of these types of encroachment on the rights of the senior user are present in the same case. Naturally, the more types of encroachment a court detects and the greater the likelihood that consumer confusion will arise therefrom, the more likely the court will refrain from applying estoppel by laches or acquiescence.

The six major categories of progressive encroachment are as follows: The junior user has altered its mark to resemble more closely that of the senior user noted as early as in O. May 17, ; also a factor noted in Oriental Financial Group, Inc. The junior user has altered its trade dress or product configuration to resemble more closely that of the senior user also a factor in Thum, above, as well as in American Rice, Inc.

The different types of territorial encroachment

Actavis Group hf, 87 U. The advertising or promotion of the junior user has been changed in a manner that emphasizes the similarities between the marks of the parties noted as early as in Radio Corp.

Ohioand through Angel Flight of Georgia, Inc. Angel Flight America, Inc. The junior user has expanded its geographic trading territory to overlap that of the senior user, as was the situation in Oriental Financial and in other cases going back to at least Saperstein v. The junior user has expanded or altered the nature of its products or services to include ones the same as or more similar to those offered by the senior user noted as early as in Miss Universe, Inc.

National Able Network, Inc. Jonathan Bradley Pens, Inc. Actavis Group hf, above. What is the moment in time when a reasonably prudent senior user, in reviewing all of the facts and circumstances known to it, should have been prompted to take action against a junior user?

Other courts have indicated that there may be a culminating event or particularly provocative act by the junior user that should precipitate an objection by the senior user. This was the situation in O.

A discussion of this factor may be found in Chattanooga Manufacturing, Inc. The case of American Rice, Inc.Saltwater Fish Sale, Live Coral and Invertebrates For Sale Too!

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Philippines and the Spratly Islands – this article discusses the policies, activities and history of the Republic of the Philippines in the Spratly Islands from the Philippine perspective.

Non-Filipino viewpoints regarding Philippine occupation of several islands are currently not included in this article. History of the Low Countries: History of the Low Countries, history of the Low Countries from prehistoric times to For historical purposes, the name Low Countries is generally understood to include the territory of what are today the Netherlands, Belgium, and Luxembourg as well as parts of northern France.

However. Type or paste a DOI name into the text box. Click Go. Your browser will take you to a Web page (URL) associated with that DOI name. Send questions or comments to doi. [12] proposed three different types of territorial existence that differ along dimensions of duration and psy- chological centrality.

A physical feature should define the type of territory strictly. 79 thoughts on “ BJP and Karnataka ” Laxman Katrat June 7, at pm. The General Election was revolution in post independence India by voting non Congress single party with majority.

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