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قرارداد و اسناد تجاری::
نقض حقوق علامت تجاری
The Court of Appeals confirmed that such unauthorised use constituted both a trademark infringement as well as ambush marketing, by creating an undue association with the Pan-American Games as if the defendant were an official sponsor of the event.
Providing effective measures to protect Olympic-related intellectual property will challenge the Brazilian government to a profound revision of its policies and legal framework in the area... in order to combat Olympic trademark infringements and ambush marketing, Brazil must adopt an integral approach that coor- dinates law enforcement, customs, education and an efficient judiciary.
Of course, it is also possible that a claim against ambushing can be brought under different grounds in law (such as, for example, a trademark infringement claim based on dilution of an event organiser or sponsor mark).
Although the LOAR has a wider scope than trademark legislation, it is also open to wider interpretation and so demonstrating an association may be more difficult than showing trademark infringement, where use of identical marks on identical goods or services does not require the trademark owner to demonstrate association or confusion.
- Protection is available notwithstanding the absence of consumer confusion, which is a general requirement for trademark infringement
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