Sonu Mehtha
As Winston Churchill rightly stated, “We shape our buildings; thereafter they shape us”. In light of this saying, there is a great need for protection of architectural designs as the design of the building is unique and this serves, amongst other things, as a cultural representation. Extending protection to such structures is also necessary to avoid copy-cat architecture. Some examples around the world include the Empire State Building in New York, the Eiffel Tower in France and the Sydney Opera House. It was a historic event on 17th June, 2017 when Indian Hotel Company Ltd (IHCL) received protection for the exterior design of the Taj Mahal Hotel Palace which has been of aesthetic importance since 1093.
The following requirements have to be fulfilled in order for a building to be eligible for trademark:
The building should be either owned by an individual or a company.
The building should be distinctive which means that the building should be easily recognizable by many people.
The building should represent a brand that associates a product or service to a source.
Trademark Violation of an architectural site can be gauged if there has been non-editorial use of the trademarked building. The use of the trademarked building to endorse identical or deceptively similar goods or services by third party may be considered infringement.
A prime example of Building Trademark violation was seen in the year 2016. ESRT Empire State Building LLC owned and continues to own the trademark of Empire state building since 1931. It filed an opposition for the grant of a trademark that was filed by NYC Beer for its alcoholic beverages. [ESRT Empire State Building, L.L.C. v. Michael Liang, No. 91204122 (T.T.A.B. June 17, 2016).]
The opposition was based on the grounds of trademark dilution, likelihood of confusion and false suggestion of a connection with Empire state building. According to the trademark law in the US, dilution is proved and accepted if the trademark is recognized and famous. Therefore, ESRT Empire State Building LLC was successful in stopping the registration of Trademark by NYC. Similarly, Trademarked Architecture helps in holding its recognition and prevents any misuse of it by any other companies.
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