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Mark Paris is a Managing Director and heads the Financial Products and Strategies Group within Public Finance at Citi. This business focuses on derivative products and structured products for all municipal clients, including higher education and healthcare. Over his 24 year career as an investment banker and manager, Mark has worked with over 150 healthcare and higher education clients. During his tenure at Citi, Mr. Paris has also managed the Higher Education Group and continues to lead Citis Corporate Partnerships initiative.Mark began his investment banking career at Merrill Lynch in 1988 as a financial products origination banker for healthcare. Since that time, he has been responsible for the marketing and execution of tax-exempt, client-based, derivative transactions, lending products and other financial products. Mr. Paris is known throughout the Street as the original designer of basis swap applications for municipal issuers in 1990. His team is also responsible for the development of balance sheet risk metrics. Over the years, he has worked on several committees to craft appropriate metrics for managing new rules and policies affecting the municipal markets.Mark has served on several not-for-profit boards, including Muhlenberg College, Gill St. Bernards School, Solaris Health System and the United Methodist Church in New Jersey. Currently, Mark is Chair of the Peabody Institute National Advisory Council at Johns Hopkins University. Mark received his Masters in Public Policy from Harvard University and has undergraduate degrees from Johns Hopkins University and Muhlenberg College.

When comparing these very different legal doctrines with the same name, it is evident that it may not be as difficult for non-U.S. trademark owners to meet the Paris Convention test as one may think. Marks can attain the level of requisite fame through advertising in internally distributed media (including the Internet), discussion by global media, or even by travelers who saw the mark in other countries.

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Although this doctrine is required to be available in all countries that are members of the Paris Convention, it is up to each country to determine the definition of a well-known mark in their country. International Trademark Association (INTA) just released a bulletin that discusses this issue in the context of European jurisdictions.

Our Global IP & Technology Law Blog follows significant developments in intellectual property and IT law of interest to businesses engaged in the global economy. Our blog is a source for news and insights into international legal issues involving intellectual property and technology such as trademark and brand protection, patent prosecution and protection; trade secrets, data protection and privacy; and advertising and media issues. READ MORE

Article 6bis of the 1967 Paris Convention for the Protection of Industrial Property requires member countries, such as the United States, to afford certain protections to well-known marks, regardless of whether they are registered. Specifically, member countries must provide the means to refuse or cancel the registration, and prohibit the use, of a well-known mark when applied for or used by an unauthorized party for identical or similar goods, when its use or registration would likely cause confusion.

Article 16.2 of the World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), which came into force in 1995, extended Article 6bis of the Paris Convention to include services. It provided that members shall take into account that a mark is well known to a relevant sector of the public (not necessarily the entire country, or only consumers of the specific products) and the promotion of the mark (not just its use). Article 16.3 of the TRIPS Agreement extended the protections of Article 6bis to well-known marks when used on unrelated goods or services in cases where the well-known mark is registered, if such use indicates a connection to the owner and the owner of the well-known mark would likely be damaged.

The United States implements these standards by protecting registered as well as unregistered well-known marks, of both domestic and foreign origin, from use and/or registration by unauthorized parties under terms of the U.S. Lanham Act. The Act protects a mark against infringement or registration by another party's similar mark for goods or services that are the same, similar, related, or even unrelated if there is a likelihood of confusion, whether or not the senior mark is registered.

The owner of a well-known mark may bring an action in U.S. federal court for trademark infringement under Section 43(a) of the Lanham Act. The court will make a determination as to likelihood of confusion in deciding infringement. U.S. case law outlines a variety of non-exclusive and non-exhaustive factors that can be used in the analysis. These factors include:

The United States Patent and Trademark Office (USPTO) uses these same factors in deciding whether to protect a well-known mark. There is no separate analysis, apart from the likelihood of confusion or deceptiveness, as to whether a mark is well-known or not.

The USPTO will refuse registration of, or a third party may seek to oppose or cancel, a mark that conflicts with registered or unregistered well-known marks, foreign or domestic, that meet the test under Sections 2(a) and (d) of the Lanham Act. Section 2(d) provides that a mark will be refused registration during examination if it is likely to be confused with a prior registered mark, or can be opposed or cancelled by an interested third party when its prior, confusingly similar mark is in use in commerce and not abandoned. Section 2(a) provides that a mark will be refused registration if, among other things, it is deceptive or falsely suggests a connection to persons, institutions, beliefs, or national symbols. It is not necessary for a mark to be registered to obtain protection under Section 2(a), but the mark must point uniquely to a known or unknown source, such that consumers would be deceived if the goods or services of the applicant did not emanate from that source. While the USPTO does not make a specific determination in its examination as to whether a mark is well known, it evaluates the strength of the mark in determining what protection to afford a previously registered or unregistered mark against a pending application.

And then it sends an RFP out to the marketplace, but the RFP doesn't necessarily just capture that particular idea, it may be casting a broader net. Which might seem to be initially in the interest of the city. However, its broader net may bring in other parties who were not involved in this new idea to respond to other areas of that RFP, win the RFP and disqualify the innovative company's new idea. So the new idea, therefore, never gets used.

This is, in part, why Citi is making investments in companies like Revolution Foods or View Glass. We are willing to take some of the initial risks on promising companies and technologies, giving them some additional runway and proof of concept so they can eventually make it to market in a municipal environment.

This item comes Pre owned in very good condition. General use to be expected. Interior is good with minor marks. All corners and edges are good with general rubbing. Hardware has some light scratches as expected.

Copyright 2023 BHH Affiliates. LLC. An independently operated subsidiary of HomeServices of America, Inc., a Berkshire Hathaway affiliate, and a franchisee of BHH Affiliates, LLC. Berkshire Hathaway HomeServices and the Berkshire Hathaway HomeServices symbol are registered service marks of Columbia Insurance Company, a Berkshire Hathaway affiliate. Equal Housing Opportunity.

(2) The protection of industrial property has as its object patents, utility models, industrial designs, trademarks, service marks, trade names, indications of source or appellations of origin, and the repression of unfair competition.

(1) Any person who has duly filed an application for a patent, or for the registration of a utility model, or of an industrial design, or of a trademark, in one of the countries of the Union, or his successor in title, shall enjoy, for the purpose of filing in the other countries, a right of priority during the periods hereinafter fixed.

B. Consequently, any subsequent filing in any of the other countries of the Union before the expiration of the periods referred to above shall not be invalidated by reason of any acts accomplished in the interval, in particular, another filing, the publication or exploitation of the invention, the putting on sale of copies of the design, or the use of the mark, and such acts cannot give rise to any third-party right or any right of personal possession. Rights acquired by third parties before the date of the first application that serves as the basis for the right of priority are reserved in accordance with the domestic legislation of each country of the Union

(1) If, in any country, use of the registered mark is compulsory, the registration may be cancelled only after a reasonable period, and then only if the person concerned does not justify his inaction.

(2) Use of a trademark by the proprietor in a form differing in elements which do not alter the distinctive character of the mark in the form in which it was registered in one of the countries of the Union shall not entail invalidation of the registration and shall not diminish the protection granted to the mark.

(3) Concurrent use of the same mark on identical or similar goods by industrial or commercial establishments considered as co-proprietors of the mark according to the provisions of the domestic law of the country where protection is claimed shall not prevent registration or diminish in any way the protection granted to the said mark in any country of the Union, provided that such use does not result in misleading the public and is not contrary to the public interest. 2351a5e196