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The Law and Practice of Trademark Transactions by Irene Calboli,Jacques de Werra Pdf
The Law and Practice of Trademark Transactions is a comprehensive analysis of the law governing trademark transactions in a variety of legal and business contexts, and from a range of jurisdictional and cross-border perspectives. After mapping out the international legal framework applicable to trademark transactions, the book provides an analysis of important strategic considerations, including: tax strategies; valuation; portfolio splitting; registration of security interests; choice-of-law clauses; trademark coexistence agreements, and dispute resolution mechanisms. Key features include: • A comprehensive overview of legal and policy-related issues • A blend of approaches underpinning strategic considerations with analytical rigour • Regional coverage of the key characteristics of trademark transactions in a range of jurisdictions • Authorship from renowned trademark experts Practitioners advising trademark owners, including trademark attorneys, will find this book to be an invaluable resource for their practice, particularly where cross-border issues arise. It will also be a key reference point for scholars working in the field.
The Business of Trademarks by Carol Chadirjian Pdf
We come in contact with many trademarks each day on television, retail stores, Internet. The Business of Trademarks explains why trademarks are so important to businesses and how they identify the manufacturer and guarantee consistent quality to achieve brand loyalty. The Business of Trademarks is intended as a practical guide for those new to trademarks, including attorneys, paralegals and law students requiring a concise, comprehensive book on trademark prosecution to gain the skills and knowledge necessary to perform day-to-day trademark work diligently, confidently and with efficiency. Specific topics covered are: * Trademark searching for clearance * Forms to be filed with the Patent and Trademark Office * Famous trademarks and trade dress * Responding to office actions * Methods of enforcing trademarks * Trademarks in commercial transactions Business of Trademarks is unique from other publications because it explains trademark management from a hands-on approach, including administrative duties which few attorneys handle themselves.
Author : Sharon K. Sandeen Publisher : American Bar Association Page : 270 pages File Size : 41,8 Mb Release : 2007 Category : Business & Economics ISBN : 1590316800
Intellectual Property Deskbook for the Business Lawyer by Sharon K. Sandeen Pdf
The Intellectual Property Deskbook is intended to serve as the business lawyer's starting point for issue identification, perspective, and resources in dealing with intellectual property issues and assets, whether in the context of structuring and consummating transactions or in the day-to-day counseling of clients. It is specifically designed to become the go-to reference for beginning the analysis, refreshing the memory, or seeking direction for in depth research on the wide range of IP-related issues.
Trademark scholarship has focused largely on the protection of trademark rights against consumer confusion and the dilution of trademarks. Studies of limitations on trademark rights, meanwhile, have remained relatively peripheral, especially in jurisdictions outside of the United States. However, this reality is incongruous with the importance of the limitations, such as descriptive and nominative uses, in promoting freedom of commerce, market competition, free speech, and cultural dynamics. Against this backdrop, Charting Limitations on Trademark Rights is the first comprehensive academic volume detailing limitations in trademark rights from both theoretical and comparative perspectives. The book presents new theoretical perspectives to justify trademark rights limitations, re-examines the nature of these limitations, delineates the scope of the limitations, and offers comparative studies of the limitations. With contributions from leading trademark scholars in the EU, US, and Asia, this is a must read for scholars, students, practitioners, and policymakers with an interest in the theories, policies, and doctrines of trademark law.
EU Trade Mark Law and Product Protection by Lavinia Brancusi Pdf
This book employs scholarly analysis to ground practical tools for applying the EU Trade Mark law (EUTM) functionality refusal grounds to address business needs when registering trade marks consisting of product characteristics. The study comprehensively examines the absolute grounds for a refusal of registration of functional signs under EUTM. It interprets the functionality refusal grounds through objective tests, focusing on the pro-competition rationale of denying trade mark exclusivity on product features that are technically or aesthetically important for competitors’ ability to trade in alternative products. The work takes a comparative approach looking at the US trade dress functionality doctrine, and a law and economics perspective on the role of trade marks and brands in the marketplace. It explores how competition rules related to market definition and the substitutability of products, as well as marketing and design findings related to branding and aesthetics, could be integrated into the legal assessment of EUTM functionality. The volume will be of interest to academics and researchers working in the areas of Intellectual Property Law, Trade Mark and Design Law, EU Law, Comparative Law, and Branding.
Intellectual Property Jurisdiction Strategies by Torsten Bjørn Larsen Pdf
This timely and practical guide compares the jurisdictional advantages of litigating a national IP right with those of the corresponding European unitary IP right. The study offers IP practitioners a meticulous yet principled basis for their jurisdictional decisions and shows why it is advantageous for infringers to litigate based on a national IP right and rightholders to litigate based on a European unitary IP right.
Research Handbook on the Law and Economics of Trademark Law by Glynn S. Lunney Jr. Pdf
This discerning and detailed Research Handbook examines the law of trademarks, unfair competition, and dilution from a variety of law and economics perspectives. With a comprehensive exploration of trademarks and trademark law, it provides an excellent illustration of the analytical diversity that the law and economics approach can bring to legal issues.
Trade Mark Licensing by Neil J. Wilkof,Daniel Burkitt Pdf
Recent years have seen fundamental changes to the law and practise of trade mark licensing. "Trade Mark Licensing 2nd edition" offers a completely rounded perspectivce on the subject, integrating discussion of legal concepts with extensive advice on practical concerns. It provides comprehensive coverage of trade mark licensing under UK and US law, and also considers relevant EU law, including EU competition law and trade mark exhaustion. A detailed sample agreement is included, complete with explanatory notes and cross-references to the main text. This edition also contains new chapters on trade mark licensing in France and Germany, and on domain name+ licensing.
Author : Gordon V. Smith Publisher : John Wiley & Sons Page : 314 pages File Size : 52,9 Mb Release : 1997 Category : Business & Economics ISBN : 0471141127
Trademarks are among the most intangible of assets, yet they can have enormous value for an enterprise. The pink color of Owens-Corning insulation, McDonald's golden arches, the unique shape of the classic Coke bottle, these words, symbols, and colors embody the goodwill of the companies and institutions they represent. Potent cultural icons, trademarks are associated with quality, security, and even a sense of belonging in the minds of consumers. But how, exactly, do you determine the value of your trademark? How do you know if you are getting the best return on investment from your trademark? And what are the potential advantages and disadvantages of licensing your trademark, or even selling it outright? The first guide devoted exclusively to an increasingly important area of intellectual property, Trademark Valuation provides answers to these and all your questions about how to value your trademark and to develop strategies for exploiting its full potential. Gordon V. Smith, a consultant with more than three decades of experience advising clients on the value of their intellectual property, dispels common myths and misconceptions about trademarks and replaces them with logical, down-to-earth, practical guidance. Employing his unique talent for translating complex legal and financial concepts into plain English, he acquaints you with all the key legal and financial concepts, terms, principles, and practices, and guides you step-by-step through the entire valuation process. And, perhaps most importantly, he shows you how to use the information derived from your valuation to develop surefire strategies for getting the most out of your trademark. With the help of dozens of case studies, Smith places the subject of trademark management in a contemporary, real-world context. He examines the role of crucial factors such as trademark longevity and offers guidelines for analyzing current and future market trends. He explores the implications of the emerging world marketplace. And he considers various worst-case scenarios, including infringement and piracy, bankruptcy, acts of consumer terrorism, and other potential crises that can have a disastrous effect on the value of a trademark. Trademark Valuation is required reading for valuation experts, trademark specialists, and licensing executives, as well as the accountants and attorneys who work with them. It is also a valuable reference for advertising executives, business appraisers, and institutional investors. "They can be nostalgic reminders of times past, examples of outstanding graphic design, or the symbols of powerful institutions that influence our lives. As pleasant as it might be to contemplate their nostalgic or artistic aspects . . . trademarks are business assets and must be viewed primarily in the context of commercial enterprise. Their task is to contribute to the profitability of the parent enterprise. Commerce is driven by return-on-investment principles, and trademarks are not exempted from that requirement. Even trademarks that are associated with nonprofit, governmental, or institutional organizations are used for a purpose and promoted with an objective in mind. They must be judged by how well they meet those objectives." - Gordon V. Smith Written by an expert with thirty-five years of experience in the field, this is the first and only guide devoted exclusively to this vital area of intellectual property. Trademark Valuation includes: * Methods to determine the real value of your trademark and exploit its full potential * Dozens of case studies that illustrate how to apply valuation methods and strategies to real-world situations * Complex legal and financial concepts, terms, principles, and practices translated into plain English * Discussions of GATT, NAFTA, emerging markets, piracy, and other international trademark considerations * An appendix with valuable benchmarking information on the roles trademarks play in the financial life of many diverse industries
Annotated Leading Trademark Cases in Major Asian Jurisdictions by Kung-Chung Liu Pdf
There has been little or no study on trademark laws in Asia on a cross-jurisdictional level. This book aims at filling the existing gap and provides a comprehensive overview of trademark laws of eight major Asian jurisdictions and their most-updated trademark case law. The book analyses six of the principal issues that best reflect Asian features in trademark law and trademark development. The cases in the book are principally the most authoritative decisions, usually the first to deal with certain new emerging issues, or the first to apply particular statutory provisions in the respective jurisdiction. Also included are a small number of direction-changing, outlying or even controversial decisions. Each case report is divided into six sections: summary, legal context, facts, reasoning of the court, legal analysis, and commercial or industrial significance. Readers will find this book useful in both its overview of the legal context and how those cases are to be interpreted legally and commercially.
Handbook of Intellectual Property Research by Irene Calboli,Maria Lillà Montagnani Pdf
"The relevance of intellectual property (IP) law has increased dramatically over the last several years. Globalization, digitization, and the rise of post-industrial information-based industries have all contributed to a new prominence of IP law as one of the most important factors in driving innovation and economic development. At the same time, the significant expansion of IP rules has impacted many areas of public policy such as public health, the environment, biodiversity, agriculture, information, in an unprecedented manner. The growing importance of IP law has led to an exponential growth of academic research in this area. This Book offers a comprehensive overview of the methods and approaches that can be used to address and develop scholarly research questions related to IP law. In particular, this Book aims to provide a useful resource that can be used by IP scholars who are interested in expanding their expertise in a specific research method or seek to acquire an understanding of alternative lenses that could be applied to their research. Even though this Book does not claim to include all existing research methodologies, it represents one of the largest and most diverse compilations, which has been carried out to date. In addition, the authors of this Book comprise an equally diverse group of scholars from different jurisdictions, backgrounds, and legal traditions. This diversity, both regarding the topics and the authors, is a fundamental feature of the Book, which seeks to assist IP scholars worldwide in their research journeys." --
Author : Gordon V. Smith,Susan M. Richey Publisher : John Wiley & Sons Page : 368 pages File Size : 50,8 Mb Release : 2013-11-25 Category : Law ISBN : 9781118245262
Trademark Valuation by Gordon V. Smith,Susan M. Richey Pdf
A practical and useful resource for valuing trademarks The Second Edition of Trademark Valuation is a fresh presentation of basic valuation principles, together with important recent changes in worldwide financial reporting regulations and an update on the current worldwide legal conditions and litigation situation as they relate to trademarks. A new section discussing issues surrounding valuation of counterfeits and the economic effects of trademark counterfeiting is included in this informative Second Edition. Considers methods to determine the real value of your trademark and exploit its full potential Offers dozens of case studies that illustrate how to apply valuation methods and strategies to real-world situations Communicates complex legal and financial concepts, terms, principles, and practices in plain English Discusses GATT, NAFTA, emerging markets, and other international trademark considerations
Security Rights in Intellectual Property by Eva-Maria Kieninger Pdf
This book discusses the main legal and economic challenges to the creation and enforcement of security rights in intellectual property and explores possible avenues of reform, such as more specific rules for security in IP rights and better coordination between intellectual property law and secured transactions law. In the context of business financing, intellectual property rights are still only reluctantly used as collateral, and on a small scale. If they are used at all, it is mostly done in the form of a floating charge or some other “all-asset” security right. The only sector in which security rights in intellectual property play a major role, at least in some jurisdictions, is the financing of movies. On the other hand, it is virtually undisputed that security rights in intellectual property could be economically valuable, or even crucial, for small and medium-sized enterprises – especially for start-ups, which are often very innovative and creative, but have limited access to corporate financing and must rely on capital markets (securitization, capital market). Therefore, they need to secure bank loans, yet lack their own traditional collateral, such as land.
