Trademark Competition law: EU & US legislations

الملخص

Abstract

The trademark has always been a subject of dispute and competition, and it has been in the interest of stakeholders to achieve a balance between the individual rights of trademark owners and legitimate competition on one hand, and the open market on the other. Any disruption in this balance will lead to market obstruction and significant damage to the brand's reputation, its competitiveness, and its ability to maintain its image. It will also affect the buyer's confidence in purchasing that product without worrying about its quality and uniqueness, as well as whether the amount they paid was worth all that trouble. Any violation of the aforementioned elements may place us before the principle of UFC, which simply means that the rights of all parties are at risk of loss and deprivation. From here, the idea of this research paper emerged, aiming to analyze the components of this equation and to highlight the strengths and weaknesses according to the principles followed in both the European Union and the United States regarding trademark protection.