In the afternoon of Apr. 20h 2015, The Institute of Intellectual Property under Civil, Commercial, and Economic Law Department in China University of Political Science and Law (short for IIPL & CCEL) hosted the third academic salon session in 201 Scientific Research Building, XueYuan Campus, CUPL. IP Professor Llew Gibbons from Toledo University, School of Law and Prof. Lar Smith from University of Louisville School of Law made a speech on the title of Development of US Trademark Law. Prof. Gibbons was also the president of Confusion School, the University of Toledo. Associate Prof. Jian Chen hosted this salon and Assistant Prof. Nan Zhang was the interpreter.
Prof. Llew Gibbons described the non-traditional trademark in US trademark law with details, including product appearance, action trademark, sound trademark, odor trademark, touching trademark, and smell trademark. He enlisted the design of circle edge of iPhone, the unlock method of renowned automobile door, and the lion roaring of MGM motion pictures, and analyzed whether these non-traditional trademark cover the utility function. He kept on asking questions to participants in order to facilitate their understanding on the utility concept under trademark law, eventually enlightened participants to figure out how to describe non-traditional trademark in the application process.
Prof. Lar Smith introduced the basic concept of US trademark law through the display the image of US trademark. He emphasized that the US courts broadened the trademark range based on the definition of trademark. As a result, non-traditional trademark, including sound, color, appearance, taste, fell within the protection of trademark law. He described the historical development of these trademarks to students in detail, and emphasized on the requirement of obviousness and non-utility as two limits to these trademarks. Meanwhile, Prof. Lar Smith directed students to understand the importance of two limits with specific cases.
At the final stage of lecture, students actively asked questions, and two professors respectively gave specific answers. This salon brought about international horizon and enhanced the analysis and understanding of international forefront issues.
