Mediaboss Marketing

Tomasello, M. The ultra-social animal. Eur. J. Soc. Psychol. 44, 187194 (2014).

Article PubMed PubMed Central Google Scholar

Berkman, L. F., Glass, T., Brissette, I. & Seeman, T. E. From social integration to health: Durkheim in the new millennium. Soc. Sci. Med. 51, 843857 (2000).

Article PubMed Google Scholar

Jeste, D. V. & Pender, V. B. Social determinants of mental health: recommendations for research, training, practice, and policy. JAMA Psychiatry 79, 283284 (2022).

Article PubMed Google Scholar

Siegrist, J. & Wahrendorf, M. Participation in socially productive activities and quality of life in early old age: findings from SHARE. J. Eur. Social Policy 19, 317326 (2009).

Article Google Scholar

Anderson, N. D. et al. The benefits associated with volunteering among seniors: a critical review and recommendations for future research. Psychol. Bull. 140, 15051533 (2014).

Article PubMed Google Scholar

Chiao, C., Weng, L. J. & Botticello, A. L. Social participation reduces depressive symptoms among older adults: an 18-year longitudinal analysis in Taiwan. BMC Public Health 11, 292 (2011).

Article PubMed PubMed Central Google Scholar

Haslam, C., Cruwys, T. & Haslam, S. A. The wes have it: evidence for the distinctive benefits of group engagement in enhancing cognitive health in aging. Soc. Sci. Med. 120, 5766 (2014).

Article PubMed Google Scholar

Jenkinson, C. E. et al. Is volunteering a public health intervention? A systematic review and meta-analysis of the health and survival of volunteers. BMC Public Health 13, 773 (2013).

Article PubMed PubMed Central Google Scholar

Okun, M. A., Yeung, E. W. & Brown, S. Volunteering by older adults and risk of mortality: a meta-analysis. Psychol. Aging 28, 564577 (2013).

Article PubMed Google Scholar

OHiggins, N. Volunteer Work and its Links to the Labour Market Experiences of Young People (International Lavour Organization, 2020).

Becoming #GenerationRestoration: Ecosystem Restoration for People, Nature and Climate (UN Environment Program, 2021); https://wedocs.unep.org/bitstream/handle/20.500.11822/36251/ERPNC.pdf.

Chami, R., Cosimano, T., Fullenkamp, C. & Nieburg, D. Toward a nature-based economy. Front. Climate https://doi.org/10.3389/fclim.2022.855803 (2022).

Kubiszewski, I. et al. Beyond GDP: measuring and achieving global genuine progress. Ecol. Econ. 93, 5768 (2013).

Article Google Scholar

Hows Life? Measuring Well-being (OECD, 2011).

Mazzucato, M. The Value of Everything: Making and Taking in the Global Economy (Penguin Random House, 2018).

Costanza, R. et al. Development: time to leave GDP behind. Nature 505, 283285 (2014).

Article PubMed Google Scholar

Coyle, D. GDP: A Brief but Affectionate History. Revised and Expanded Edition (Princeton Univ. Press, 2015).

Perlman, M. & Marietta, M. The politics of social accounting: public goals and the evolution of the national accounts in Germany, the UK and the US. Rev. Polit. Econ. 17, 211230 (2005).

Article Google Scholar

Smith, E. et al. A brain capital grand strategy: toward economic reimagination. Mol. Psychiatry 26, 322 (2021).

Article PubMed Google Scholar

Monticelli, L., Baglioni, S. & Bassoli, M. in Experiencing Long-Term Unemployment in Europe: Youth on the Edge (eds Lahusen, C. & Giugni, M.) 139169 (Palgrave Macmillan, 2016).

Rantakeisu, U., Starrin, B. & Hagquist, C. Financial hardship and shame: a tentative model to understand the social and health effects of unemployment. Br. J. Social Work https://doi.org/10.1093/bjsw/1029.1096.1877 (1999).

Valimaki, V., Kivijarvi, A. & Aaltonen, S. The links between structural and social marginalisation social relations of young Finnish adults not in employment or education. J. Youth Stud. 23, 13471365 (2020).

Article Google Scholar

Ryder, G. Correctly valuing the work of the future. J. Int. Affairs 72, 2335 (2018).

Google Scholar

Gouldner, A. W. The norm of reciprocity: a preliminary statement. Am. Sociol. Assoc. 25, 161178 (1960).

Article Google Scholar

Occhipinti, J. et al. Measuring, modelling, and forecasting the Mental Wealth of Nations. Front. Public Health https://doi.org/10.3389/fpubh.2022.879183 (2022).

Siegrist, J., von dem Knesebeck, O. & Pollack, C. Social productivity and wellbeing of older people: a sociological exploration. Soc. Theory Health 2, 117 (2004).

Article Google Scholar

Eschweiler, J., Svensson, S., Mocca, E., Cartwright, A. & Nielsen, L. V. The reciprocity dimension of solidarity: insights from three European countries. Voluntas 30, 549561 (2019).

Article Google Scholar

Laville, J. L. in The Human Economy (eds. Hart, K. et al.) 225235 (Polity, 2010).

Rashmi, M. & Lekshmi, V. N. Community mobilization during epidemic emergencies: insights from Kerala. Social Work Social Policy https://doi.org/10.1177/1473325020973360 (2021).

Afolabi, A. A. & Ilesanmi, O. S. Community engagement for COVID-19 prevention and control: a systematic review. Public Health Toxicol. https://doi.org/10.18332/pht/149230 (2022).

Hank, K. Societal determinants of productive aging: a multilevel analysis across 11 European countries. Eur. Sociol. Rev. 27, 526541 (2011).

Article Google Scholar

Singer, T. & Snower, D. J. Caring Economics (Institute for New Economic Thinking, 2015).

Microdata: Time Use. The Definitions, Concepts, Methodology and Estimation Procedures Used in the Time Use Survey (Australian Bureau of Statistics, 2006).

Waring, M. Counting for Nothing: What Men Value and What Women are Worth (University of Toronto Press, 1999).

Salamon, L. M., Sokolowski, S. W. & Haddock, M. A. Measuring the economic value of volunteer work globally: concepts, estimates, and a roadmap to the future. Ann. Public Cooperative Econ. 82, 217252 (2011).

Article Google Scholar

Fatima, Y. et al. Connecting the health of country with the health of people: Application of caring for country in improving the social and emotional well-being of Indigenous people in Australia and New Zealand. Lancet Reg. Health West Pac. 31, 100648 (2023).

Article PubMed Google Scholar

Dudgeon, P. Routledge Handbook of Critical Indigenous Studies (Routledge, 2020).

Indigenous Peoples International Centre for Policy Research and Education. Indicators Relevant for Indigenous Peoples: A Resource Book (Tebtebba Foundation, 2008).

Normyle, A., Vardon, M. & Doran, B. Ecosystem accounting and the need to recognise Indigenous perspectives. Humanit. Social Sci. Commun. 9, 133 (2022).

Article Google Scholar

Klinenberg, E. Palaces for the People: How Social Infrastructure Can Help Fight Inequality, Polarization, and the Decline of Civic Life (Penguin, 2018).

Fine, B. in The Changing Wealth of Nations 2021: Managing Assets for the Future Ch. 15 (World Bank; 2010); https://doi.org/10.1596/978-1-4648-1590-4

Roskruge, M., Grimes, A., McCann, P. & Poot, J. Social capital and regional social infrastructure investment: evidence from New Zealand. Int. Reg. Sci. Rev. 35, 325 (2012).

Article Google Scholar

Jones, N., Sophoulis, C., Losifides, T. & Botetzagias, I. The influence of social capital on environmental policy instruments. Environ. Politics 18, 595611 (2009).

Article Google Scholar

Keep, E. in Beyond Skill. Institutions, Organisations and Human Capability (ed. Bryson, J.) 105126 (Palgrave MacMillan, 2010).

Rosenberg, S. & Salvador-Carulla, L. Accountability for mental health: the Australian experience. J. Ment. Health Policy Econ. 20, 3754 (2017).

PubMed Google Scholar

Mental Health Atlas 2020 (World Health Organization, 2021).

World Misses Most 2020 Mental Health Targets (World Health Organization, 2021).

World Mental Health Report: Transforming Mental Health For All (World Health Organization, 2022); https://www.who.int/publications/i/item/9789240049338

Putnam, R. D. Bowling alone: Americas declining social capital. J. Democracy 6, 6578 (1995).

Article Google Scholar

See the rest here:
Estimating the Mental Wealth of nations: valuing social production ... - Nature.com

Wednesday, April 19, 2023

Media Contact: Sydney Trainor | Communications Specialist | 405-744-9782 | sydney.trainor@okstate.edu

Barricades are up and caution tape is rolled out as construction crews have set up their trailers to begin construction on Oklahoma State Universitys new Central Market Place.

The construction is in response to a need to address outdated facilities, the desire to elevate dining on campus and the passion for enhancing student dining. The University Dining Services (UDS) facility will replace the current Kerr-Drummond dining complex.

With funding from auxiliary services, the $22 million structure is being built by CMSWillowbrook and will be located in the parking area just southwest of the Kerr-Drummond towers and east of Village E. Upon completion, the 31,000-square-foot facility will have the capacity of almost 300 guests.

Central Market Place will feature four concepts in a modern, open seating atmosphere that includes a covered patio area with views of campus activities.

We get a lot of feedback about dining on social media, and we really listen to what the students are saying and try to put a lot of thought into these concepts based on feedback that we've received, said Debbie Shotwell, Student Union Marketing assistant director.

Central Market Place will house a unique ghost kitchen" concept, known as Byte.

Byte will serve a rotating menu of diverse offerings. This can be thought of as a virtual restaurant operating as a digital storefront. The guest places their order via an app or kiosk and the food is prepared in the back of the house and delivered through a locker-style system.

We think that the food locker concept with ghost kitchen gives us more flexibility to change our menu offering throughout the semester, said Vedda Hsu, director of UDS. We can have student tastings and voting time to see what kind of trendy things we want to offer to students.

Byte is one-of-its-kind across college campuses in the region, according to Hsu.

[Students] all say they want more fresh options, healthy options, different types of food, and all of these offer and provide that to our students and this gives us that flexibility, Shotwell said.

Just like its counterpart in the Student Union, Caribou Coffee will serve its traditional and specialty drinks. The popular established franchise will also serve a selection of bakery items.

We see every college put the coffee concept inside their building, but with our college campus spread out, we think the Central Market Place is a good place to put another familiar brand in there for students to enjoy, Hsu said.

After making its campus debut in the Kerr-Drummond dining complex during the fall 2022 semester, 405 Deli will transition over to the Central Market Place. This self-branded sandwich concept offers a Stillwater-inspired menu consisting of gourmet sandwiches and salads.

For our 405 Deli, once we move into the new facility, we are going to expand the menu to add breakfast options as well, Hsu said.

The soft launch in Kerr-Drummond allowed UDS to evaluate and make adjustments to the familiar brand before the transition to the Central Market Place.

The 1890 Market is a rebranding of OSUs largest on-campus convenience store currently operating in Kerr-Drummond Twenty Something.

As with all UDS campus convenience stores, the 1890 Market will house a selection of groceries, grab-and-go items, snacks and necessities. This convenience store will have increased shopping space providing an expansive selection of products.

We expanded the offering for not just a convenience store as most of the students and staff faculty know it's kind of a small grocery store type, Hsu said We want to be able to offer some fresh produce and a variety of different options into the new building. That's why we rebranded.

Along with the four vendors, the Central Market Place will feature a covered outdoor seating area opening up to the sand volleyball areas outside the Villages. The architectural design by KKT/Baker Group features open spaces with comfortable furnishings.

The reason for the open space, in both dining areas, is that in case student groups need to utilize our space to house an event, its easy to rearrange the furniture, Hsu said.

The flexible space can accommodate summer conference groups as well as high-top and soft seating for people to relax or plug devices in and work.

Within the next month or two is when you'll really start seeing construction. They'll start putting the concrete foundations in and start setting steel. The goal is by the end of 2023, all the steel will be set and we'll be closing in the building, said April Ebey, assistant director of construction services at OSU Long Range Facilities Planning.

The projected opening date for Central Market Place is the Fall 2024 semester. Upon completion of the project, the Kerr-Drummond complex will be demolished and replaced with student parking.

View original post here:
Construction to begin on OSUs new Central Market Place; to ... - Oklahoma State University

President Joe Biden signed a congressional bill late last year banning TikTok on federal government devices, and now more than half of the states, including Iowa, have followed suit.

There also is talk in Washington about banning the app altogether because it is owned by a Chinese company, ByteDance, with officials fearing user data being accessed by the communist government.

Often omitted from discussions about the popular social media app patronized by more than 1.5 million Americans is the impact on influencers who depend on the platform for their livelihood.

That also has tax implications.

Social influencers increasingly are commanding marketing and advertising dollars that once went to legacy media, such as newspapers. Total influencer spending in the U.S. is projected to hit $6.16 billion this year as opposed to $5.51 billion for newspapers.

Instagram, by far, commands 44.6% of influencer dollars, followed by YouTube, 17.7%, and TikTok, 17.1%.

Influencers receive free gifts, hospitality and other amenities, not included in the above figure. The field also is monitored closely by the Federal Trade Commission, with legal consequences for those who fail to disclose endorsements and other connections with corporate brands.

In 2021, the FTC sent notice of penalty offenses to some 700 businesses concerning deceptive practices in such venues as customer endorsements, testimonials, reviews and influencer marketing.

The agency recently settled for $9.4 million with Google LLC and iHeartMedia for airing a whopping 29,000 deceptive endorsements by radio hosts who promoted the Pixel 4 phone without ever actually using it.

FTC rules support truth in advertising laws. Media outlets and influencers must disclose their brand partnerships in clear, unambiguous language. In other words, they cannot drop a phrase about that partnership in the body of a review about a product or require a viewer to click a link for that information.

If the endorsement is in a photograph, without text, such as might appear in the app Snapchat, the disclosure has to superimposed on the image itself. If accompanied by text, the sponsorship or paid advertising has to be in a prominent upfront position.

In videos, the disclosure should be in the description and spoken about during the session or superimposed on it.

Olivia Hanson, a New York-based social influencer and graduate of Iowa State University, currently is a campaign manager on the business development team at Dotdash Meredith. Her video segments do not interfere with her day job, she says, because the brands that I work with on an influencer basis reach out to me via my personal email. As such, she notes, there is no conflict of interest between the two.

Hanson also maintains a comprehensive personal website that includes brands she has worked with as well as her activities across media platforms, including influencer work on Instagram and TikTok.

Hanson says she and counterparts are under no obligation to post about products unless they are under contract with the brand. However, she adds, companies are gifting in good faith in hopes that youll post something. Many are open to constructive criticism if an influencer doesnt like the product or service for whateverreason.

In addition to following FTC guidelines, Hanson believes that disclosures build trust and community.

Product review videos require a lot of work. It starts with concept ideation for a video, research on whether or not itll resonate with my audience, then producing the video, then editing, then planning the social post. Its no small feat!

Here are samples of her work from TikTok.

Reputation plays a big role in product reviews, she says. Honesty remains the best policy if you want to enhance your audience.

As for TikTok, Hanson gives a reasoned answer. If it is better for America to ban the application, she accepts that, However, something would have to come in its place considering the amount of people, information, and commerce that happens there now.

That commerce also can be taxed, which often comes as a surprise to an influencer whose posts go viral. State and federal governments worried about TikToks algorithms and service terms might pay more attention to the fiscal impact of banning the platform.

The IRS believes influencer payments, gifts and other amenities are all taxable, typically requiring a 499 form. Turbo Tax has TikTok-styled videos to help influencers navigate the tax code.

Banning TikTok will affect tax receipts until that revenue flows to other social media, primarily platforms like Facebook, Instagram, YouTube and Snapchat.

More:
Social influencer ethics and the implications of a TikTok ban - Iowa Capital Dispatch

Sports fans watching hockey on TNT and TBS may have seen stars from across the NHL trading stories about hockeys biggest hype man: Gordo St. John.

But just who plays the mysterious fictional character that even Wayne Gretzky has an encounter with?

Heading into Warner Bros. Discoverys first year as the home of the Stanley Cup finals, the company enlisted NY Rangers fan and Stranger Things star David Harbour to headline its cross-platform promotional campaign, where his character has been hired by the NHL on TNT teambut Gordos ideas might not always be the best.

The full spot unveiling Harbour as Gordo St. John premiered Tuesday night on TBS during Game 1 of the Rangers vs. Devils series.

Last week, the first teaser debuted across NHL on TNT, B/R Open Ice, NHL on TNT studio talent, and NHL league and club social talent. In a single day, it pulled in 1.5 million views and over 100,000 engagements, also running across the WBD portfolio through Mondays opener.

Gretzky, Liam McHugh, Anson Carter, Paul Bissonnette and Henrik Lundqvist are heavily featured in the campaign, as well as a host of other top players from across the NHL.

Harbour, who is a frequent presence at Madison Square Garden to cheer on the Rangers, told Adweek that his part of the campaign was shot in a single day and included him getting hit in the face by a rubber sea urchin shot by Biz [Bissonnette].

Those guys are all very funny, from the creatives who wrote the script to our inventive director to those nuts that sit behind the desk and call the games who graciously played with me for a day, Harbour said. They were very open to my ideas, but I had seen the other spots theyd worked onlike the Ted Lasso and the Bryan Cranston baseball oneand I knew if I just did what they had written, Id be well served.

For Harbours part, he was eager to participate in the campaign because he was told that if I did this, theyd give the Stanley Cup to the Rangers this year.

I am a hockey fan, I am very happy that Gordo St. John and his terrible ideas are fictional, but yes, its a dream to have Gretzky talk about you in an interview, even if its all pretend, Harbour added.

Done entirely internally, and creatively led by Tyler Lassiter, the full-length spot will run across WBDs portfolio and in paid placements across social, digital, CTV and linear. In addition, a finals-specific version will launch closer to the championships.

Since this is the first year weve had the Stanley Cup [finals], the company has really rallied around this as an effort, Ed Romaine, svp and head of marketing and brand development at WBD Sports, told Adweek.

That also involves partnerships across WBDs portfolio, including a CNN takeover, OOH campaigns and Food Network spots.

Im excited that everyone was together and provided support to make sure it felt like a marquee event for the company, Romaine added.

The concept for Gordo St. John was created last season, and WBD shot footage with players during the NHL player media tour in the offseason, which then became the teaser.

We were trying to come up with something that was creative and innovative. David Harbour has a great resonance universally because of Stranger Things, said Romaine. We wanted to thrill and get core fans excited, but also make the game approachable and funny to folks that are more casual so they feel like they cant miss out.

The NHLs marketing team described WBD as phenomenal partners, and the two groups have been in collaboration since early in the process.

Theyve been very open to our input and feedback, and we as a league value all of our rights holders and the talent and input that they bring, Casey Hall, the leagues svp of marketing and consumer insights, told Adweek. But we also enjoy having a seat at the table and being part of those conversations so that we can coordinate and plan what we at the league are going to do so that were complementary to each other.

Warner Bros. Discovery learned last year that social marketing can play a huge role in growing fans of the game and leaned into digital efforts to get the Gordo St. John campaign on a wide radar.

We feel things like the image campaign and tune-in spots really cover the core fan, while were trying to evangelize a little bit broadly into more of a casual fan as well, Romaine said.

Digital and social is a key component of the media mix for us, added Hall. Its critical to expand reach, to reach younger audiences and to reach audiences who may not already be on the linear networks and platforms that were advertising on.

WBD is already planning potential offshoots for the Gordo St. John campaign, including a blooper or outtake reel, limited-run merchandise and other ways to popularize the character.

In addition to the campaign with Harbour, WBD is launching a Stanley Cup-themed mini-social series on House of Highlights and B/R National for broader sports fans, and teamed up with current pro female hockey player Reagan Rust of the Metropolitan Riveters for social recaps and explainers.

The group is also supporting NHL initiatives like a bracket challenge with a Beat Gretzky league where fans can make their picks against the hockey legend, and the Stanley Cup Tour, which will see the Cup visit the B/R HQ for content and more.

Outside of WBD, the NHL also launched a playoff campaign on Monday in partnership with agency Highdive. The three spots premiered nationally Monday night across the ESPN networks and will run Tuesday night on TBS.

Here is the original post:
Meet Gordo St. John, the Man Everyone in Hockey Knows - Adweek

17 April 2023

A.S & Associates

To print this article, all you need is to be registered or login on Mondaq.com.

With the growing scope for globalization of goods and servicesthe need to protect those goods and services along with theentities has been more acute than ever. Hereas, IntellectualProperty Law marks the territory of goods and services under thename of trademark to protect it from any trespass. Trademark tracesthe source of the product rather than the product itself to guardit from any harm. According to section 2(8) of The Trademarks Act2009, a trademark can be any symbol, word, number, phrase, design,or any combination thereof which is used to identify the source ofgoods or services. It is a sign that marks the distinction amongthe goods or services of one enterprise from those of otherenterprises. It can be identified as a lawfully protected abstract,word, number, phrase, design, or any combination thereof related toan organization or a selected product that differentiates it fromthe other entities within the market. Though the periphery oftrademark is a well guarded territory, the goods and servicessometimes get passed off under deception of others. Passing offrefers to the act of passing off someone else's goods orservices as the goods or services of others.

Under section 96(d) of The Trademark Act 2009, suit forinfringement can be brought against for passing off arising out ofthe use by the defendant of any trademark which is identical with,or, deceptively similar to, the plaintiff's trademark, whetherregistered or unregistered. The underlying principle behind hailingthe context of passing off is that "A man is not to sellhis goods under the pretense that they are the goods of anotherman" (Perry v Truefitt (1842)).Section 24(2) of the Trademark Act, 2009 permits the person wrongedto take action against any person for passing off goods or servicesas the goods or services, as the case may be, of another person inthe cases of unregistered trademark. Whereas a suit forinfringement is available for only registered trademarks, an actionof passing off is available for both registered and unregisteredtrademarks though the aim sought to be achieved remains the same.Under section 97(1) of the Act, the actions that can be soughtagainst the wrongdoer namely the reliefs available are permanentinjunction, interim injunction, temporary injunction, damages oraccount of profits and delivery of the infringing goods fordestruction along with the cost of legal proceedings. The courtorders one or more parties to do or to abstain from doing certainacts conforming the balance of the events ensued, which arereferred to as injunction. Temporary injunction is issued beforethe start of a trial and they expire at a specified time. It helpsto maintain the status quo until the disposal of the case orfurther order. Permanent injunction mostly gets issued at the endof a trial along with the court's final judgment. Theconsequences of permanent injunction lasts perpetually or as longas the relevant circumstances are obtained.

In the matter of passing off the plaintiff has to provedeceptive similarity among the goods and services of the parties,the confusion mark among the plaintiff's and thedefendant's goods and services that are likely to causeconfusion among the goods and services which will entail injury orlikelihood of causing injury to plaintiff's goodwill. The Houseof Lords inReckitt & Colman Products Ltd. v. BordenInc. and Others [1990] 1 All E.R. pointed outReputation, Misrepresentation and Damage to goodwill the'Classic Trinity' in an action for passing off. As they arethe prerequisites in proving a passing off. The views wereconsolidated in the case of Shab Quat Haider vs MAl-Amin 1987 BLD (AD) where the findings were,"Meaning of foundation of passing off action is deception orpossibility of deception. In passing off action it is never theplaintiff's case that he has himself been deceived by theaction of the defendant. His case is that other people, the public,have been deceived by representing the name or goods of thedefendant as that of the plaintiff. If there is a similaritybetween the two names which is likely to create confusion in theminds of the public that while they are doing business with the onethey are in fact doing business with the other then this comeswithin the ambit of passing off."

When it comes to the businesses, the bigger the market theheavier the burden upon the businesses to maintain its monopoly.However, other businesses infiltrate under pretense. That's whyinjunctions are more likely to be sought than damages or monetaryrelief to rip the growing obstacles in the bud and permanentinjunction is comparatively more popular in this case. In the caseof Dominous Pizza and others Vs. Domino's PizzaInc.(61 DLR (2009) 780) the plaintiff's trademark'Domino's Pizza' had a reputation and goodwill inBangladesh. The defendant started producing pizza and pizza relatedproducts by using plaintiff's trademark 'DominousPizza' and thereby made huge profits and caused irreparableloss to the plaintiff. Decree for permanent injunction was prayedby the plaintiff. In the petition the court directed the fellowDistrict judge to dispose of the case immediately following thefair prayers. Permanent injunction allows to restrain thedefendants whether themselves or their fellow people from using,preparing, storing, marketing, selling or offering for sale,passing off or attempting to pass off any goods bearing or underthe trademark of the plaintiff's or any other trademarkconfusingly similar or identical to the trademark of theplaintiff.

A more subtle use of deception can be seen in the growing marketof life saving drugs where permanent injunction was sought. In thecase of Universal Pharmaceutical Ltd. and another Vs.Social Marketing Company and others 50 DLR (1998)Social Marketing Company started marketing life drug under the nameand trademark 'Orsaline' in 1983. It was alleged thatUniversal Pharmaceutical Ltd copied and imitated the trademark'Orsaline' in similar get up, packet, color, size etc. tomake financial gain from the lifesaving drug 'Oralsaline'.Social Marketing Company owning the product 'Orsaline'demanded for a permanent injunction restraining the defendant frommarketing and selling their product using the trademark'Oralsaline' and withdrawal of all products of them fromthe market along with a decree for compensation. The court foundthat phonetically and visually the marks 'Orsaline' and'Oralsaline' invited confusion and deception amongcustomers and opined that Universal Pharmaceutical Ltd. can not beallowed to run the business marketing and selling its product'Oralsaline'.

It can be said that the foundation of a passing of action isalways deception or possibility of deception, but is not an actionof deceit. The purpose of any action sought against passing off isto curb the deception and to reduce the loss suffered or likely tobe suffered by the person wronged. Injunction herein saves both thetrademark owner and the consumer by drawing the restraining linearound the periphery of the trademark owner's business.

About the Author Israt Jalil Mim is an Intern of the Research Wing at A.S &Associates.

The content of this article is intended to provide a generalguide to the subject matter. Specialist advice should be soughtabout your specific circumstances.

POPULAR ARTICLES ON: Intellectual Property from Bangladesh

Anand & Anand

The Patents Act 1970, along with the Patents Rules 1972, came into force on 20th April 1972, replacing the Indian Patents and Designs Act 1911. The Patents Act was largely based on the recommendations of the Ayyangar Committee Report headed by Justice N. Rajagopala Ayyangar. One of the recommendations was the allowance of only process patents with regard to inventions relating to drugs, medicines, food and chemicals.

L. S. Davar & Co.

An invention has to satisfy the conditions of Novelty, Inventive step, and Industrial Applicability in order to be patentable in India, just like any other jurisdiction.

See the original post:
Injunction As A Way To Prevent Passing Off Of A Trademark ... - Mondaq News Alerts