The Trade Marks Law

Author : Teresa Scassa
Publisher : Unknown
Page : 582 pages
File Size : 47,5 Mb
Release : 2010-01-01
Category : Trademarks
ISBN : 0433452021

Get Book

Canadian Trademark Law by Teresa Scassa Pdf

Author : Amanda Michaels
Publisher : Unknown
Page : 334 pages
File Size : 53,7 Mb
Release : 1996
Category : Marks of origin
ISBN : IND:30000046911792

Get Book

A Practical Guide to Trade Mark Law by Amanda Michaels Pdf

This introduction to the commercial use of brands and trade marks has been revised and updated to incorporate developments in UK law with particular reference to legislation concerning service marks as introduced by the Trade Marks (Amendment) Act 1984 and the Patents Designs and Trade Marks Act 1986. It deals with the use of trade marks in commercial practice as well as the registration and legal remedies available to the trade mark owner. The book includes a number of illustrations showing the variety of uses for trade marks, plus products which are counterfeit or infringe the regulations.

Author : Michal Bohaczewski
Publisher : Kluwer Law International B.V.
Page : 445 pages
File Size : 40,9 Mb
Release : 2020-04-09
Category : Law
ISBN : 9789403519913

Get Book

Special Protection of Trade Marks with a Reputation under European Union Law by Michal Bohaczewski Pdf

When a mark acquires a reputation, it becomes a means of attracting consumers by communicating to them various messages going beyond the indication of commercial origin of goods or services. Thus, trade marks familiar to the general public enjoy a special legal protection regime above and beyond that afforded trade marks in general, allowing them to benefit from enhanced protection against reproduction or imitation detrimental to, or taking unfair advantage of, the distinctive character of the mark or its repute. This richly researched book, the first comprehensive guide to current European Union (EU) law and practice concerned with reputed trade marks, conducts an in-depth analysis of this extended protection provided by Regulation 2017/1001 on EU trade marks and Directive 2015/2436 under which it is mandatory across all Member States. Using a practical approach, focused on identifying and analysing the criteria for infringement of trade marks with a reputation in proceedings before civil courts and in administrative proceedings before the European Union Intellectual Property Office (EUIPO) or national trade mark offices, the author addresses such elements of the special protection regime as the following: prerequisites for infringement of the right to a reputed mark common to all recognised forms of infringement; how to demonstrate each type of infringement of the right to the trade mark with a reputation (blurring, tarnishment and unfair advantage); proof of reputation; distinguishing the concept of well-known trade mark; legitimate versus questionable justifications of the ‘due cause’ exception within the meaning of EU law provisions; use of a disputed sign falling under freedom of expression; identifying the role of likelihood of confusion under the special regime; and how to prove the existence of a link between the signs in dispute. The author pays detailed attention to the case law of the Court of Justice and General Court of the EU, as well as cases before the EUIPO and national courts. He takes into account research from a number of Member States (plus Switzerland), thus widening prior work in the field from its predominant English-language context. With this book practitioners will confidently approach cases before courts, the EUIPO and national EU trade mark offices involving enhanced protection of trade marks with a reputation. In addition, the book will help judges and trade mark offices examiners to interpret the EU provisions and assess claims regarding such reinforced protection. For scholars and students of intellectual property law, this book will prove a cornerstone volume in the field.

Author : Alison Firth,Gary Lea,Peter Cornford
Publisher : Jordans
Page : 387 pages
File Size : 44,8 Mb
Release : 2005
Category : Law
ISBN : 0853087946

Get Book

Trade Marks by Alison Firth,Gary Lea,Peter Cornford Pdf

Trade Marks: Law and Practice is a concise account of UK trade marks law within the European and international context. This second edition deals with all the relevant domestic and international developments. The text incorporates and analyzes the ongoing amendments to the Trade Marks Act 2004, amendments to the Trade Marks Rules 2000, and the expansion of the system of international registration of trade marks under the Madrid Protocol and the International Trademark Treaty. The appendixes include helpful consolidated versions of the Act and the Rules. The work offers a coherent and logical analysis of the legal framework in which trade marks operate. It considers the commercial functions of trade marks and how to use them, how to protect trade marks, and the process of registration, licensing, and assignment.

Author : Frank Isaac Schechter
Publisher : The Lawbook Exchange, Ltd.
Page : 246 pages
File Size : 55,9 Mb
Release : 1999
Category : Trademarks
ISBN : 9781584770350

Get Book

The Historical Foundations of the Law Relating to Trade-marks by Frank Isaac Schechter Pdf

What is the exact nature of the right to a trademark? What is the basis of relief in trademark cases of unfair competition? Schechter unravels these problems as he traces the development of the law of trademarks from medieval times to the early twentieth century. ". . . invaluable for starting scholarly research." --Julius J. Marke, A Catalogue of the Law Collection of New York University (1953) 869 "Mr. Schechter has turned up much interesting and hitherto unpublished material concerning the use of guild and artisans' marks in the Middle Ages in England. His chapter (V) on "The Development of Trade Mark Law in the Cutlery Trades," is particularly valuable and contains matter not before in print. It makes understandable the reference to registers of the cutlers' companies in the English Trade Marks Act of 1875." --Edward S. Rogers, Michigan Law Review 24 (1925-1926) 98 Frank Isaac Schechter [1890-1937] received the first doctor of jurisprudence degree given by Columbia University. He was a practicing attorney and authority on trademark law. His father was Solomon Schechter, a Biblical scholar who was the president of the Jewish Theological Seminary and the founder of the United Synagogue of America.

Author : Lionel Bently,Jennifer Davis,Jane C. Ginsburg
Publisher : Cambridge University Press
Page : 0 pages
File Size : 50,6 Mb
Release : 2011-03-03
Category : Law
ISBN : 0521187923

Get Book

Trade Marks and Brands by Lionel Bently,Jennifer Davis,Jane C. Ginsburg Pdf

Developments in trade marks law have called into question a variety of basic features, as well as bolder extensions, of legal protection. Other disciplines can help us think about fundamental issues such as: what is a trade mark? What does it do? What should be the scope of its protection? This volume assembles essays examining trade marks and brands from a multiplicity of fields: from business history, marketing, linguistics, legal history, philosophy, sociology and geography. Each chapter pairs lawyers' and non-lawyers' perspectives, so that each commentator addresses and critiques his or her counterpart's analysis. The perspectives of non-legal fields are intended to enrich legal academics' and practitioners' reflections about trade marks, and to expose lawyers, judges and policy-makers to ideas, concepts and methods that could prove to be of particular importance in the development of positive law.

Author : Graeme B. Dinwoodie,Mark D. Janis
Publisher : Edward Elgar Publishing
Page : 555 pages
File Size : 55,6 Mb
Release : 2008
Category : Law
ISBN : 9781848441316

Get Book

Trademark Law and Theory by Graeme B. Dinwoodie,Mark D. Janis Pdf

Boasting an impressive list of contributors, this first edition of Trademark Law and Theory brings together a compilation of well-written and powerfully argued works by leading international academics. The book is certainly one of the most extensive and thought provoking overviews of contemporary trademark law and theory yet to be published. . . Whilst all the contributions share in common their examination of the rapidity of change within trademark systems, the editors should be commended on their generous seasoning of other cross cutting themes throughout the Handbook. . . This fascinating compendium enriches our understanding of the shape, substance, and form of trademark law and theory. . . this Handbook is perhaps a rare exception to the adage that no book can be all things to all men . Its broad sweep approach and cross cutting themes enable a range of interested parties, such as policymakers; academics in the fields of marketing, business, consumer psychology; in addition to the usual suspects; to dip in and out of the Handbook as they wish. . . a unique and erudite collection of essays concerning trademark law and theory. . . Odette Hutchinson, Communications Law Trademarks is an area of vital, practical everyday concern, and the idea of producing a volume that brings together the perspectives of 19 thoughtful and experienced legal scholars is a bold and exciting initiative. The present volume does not disappoint and the two editors are to be congratulated on orchestrating an ensemble that simultaneously informs and stimulates. The title is apt: it is truly contemporary and is highly theoretical and doctrinal in character, while the interesting choice of the word handbook suggests clearly that this is a work in progress, a snapshot at a particular time of the challenging lines of individual research that each contributor to the volume is undertaking. It is a fine addition to a larger series of research handbooks in intellectual property published by Edward Elgar under the series editorship of Jeremy Phillips. . . The editors have done a fine job in presenting this material in such a clear and coherent fashion. . . this is an excellent and rewarding volume of readings that will be of interest to anyone working in the area of trademarks, whether as an academic or as a practitioner. Indeed, for the practitioner it will be of particular value, in that it contains, and opens up, many areas of inquiry that may not always be apparent when working at the coalface of a particular problem. . . For both kinds of readers, the real value of the volume is to have so many different kinds of perspectives brought together within the space of a single volume. . . this is a handsome production: the publishers and editors are to be commended on the clarity and cleanness of the typeface and headings, the thoroughness of the index, and the accuracy of their proof reading. It has also been given a striking and evocative cover. Sam Ricketson, University of Melbourne Law School Australia, European Intellectual Property Review Trademark Law and Theory is a first-rate exploration of the issues that will dominate trademark law in the 21st century. Authors from five continents provide a truly global perspective on the present and future of trademark law. An exceptional collection of contributors and contributions. Robert Denicola, University of Nebraska, US This compendium is an excellent source of writing on all aspects of trademark law and practice by experts from Europe, the United States, South Africa, Singapore, New Zealand and Australia. It will be a stimulating read for lawyers, academics, students and policymakers alike on the present and developing trends in law and policy relating to trademarks as marketing tools and cultural artefacts. The editors deserve congratulation on their concept for the book and their judicious selection of material. David Vaver, University of Oxford, UK All students, young and older, in the burgeoni

Author : John Henry Ruege
Publisher : Unknown
Page : 988 pages
File Size : 44,6 Mb
Release : 1928
Category : Trademarks
ISBN : UIUC:30112021538266

Get Book

Trade Mark Laws of the World by John Henry Ruege Pdf

Author : Glen Gibbons
Publisher : Unknown
Page : 0 pages
File Size : 44,5 Mb
Release : 2016
Category : Trademarks
ISBN : 1905536801

Get Book

Trade Marks Law by Glen Gibbons Pdf

Suitable for practitioners, university students, solicitors and barristers practising in the area of commercial law, and the law departments of large corporations in Ireland.--

Author : Andrew Griffiths
Publisher : Edward Elgar Publishing
Page : 340 pages
File Size : 41,6 Mb
Release : 2011-07-29
Category : Law
ISBN : 9780857936479

Get Book

An Economic Perspective on Trade Mark Law by Andrew Griffiths Pdf

This invaluable book will appeal to academics, postgraduate and undergraduate students in the fields of trade mark law, business organization, intellectual property and law and economics. Solicitors and other professionals specializing in trade mark la

Author : Ilanah Simon Fhima
Publisher : Edward Elgar Publishing
Page : 231 pages
File Size : 51,9 Mb
Release : 2009-01-01
Category : Law
ISBN : 9781848447479

Get Book

Trade Mark Law and Sharing Names by Ilanah Simon Fhima Pdf

There are a number of points throughout the trade mark system where multiple undertakings share the same name, either unwillingly, or by consent. In this timely book, expert contributors address this controversial issue and identify the various points at which names are shared. This unique book uses both historical and interdisciplinary perspectives, as well as more traditional legal methodology, to examine the practical and theoretical implications of such name sharing for the parties involved. It analyses what can be learned from the sharing process about the nature of the trade mark system and the interests which it protects. General themes relating to the nature and purpose of trade mark law are also discussed. The contributors focus on UK and European law and their detailed treatment of specific trade mark topics will prove invaluable to postgraduate law students and academics specialising in intellectual property. Legal practitioners will appreciate the up-to-date consideration of concepts important in both contentious and non-contentious trade mark practice and in-house counsel for brand owners will benefit from the expert guidance offered on issues relevant to protecting their trade marks.

Author : Frank Isaac Schechter
Publisher : Unknown
Page : 260 pages
File Size : 49,8 Mb
Release : 1925
Category : Trademarks
ISBN : UCAL:$B75817

Get Book

The Historical Foundations of the Law Relating to Trademarks by Frank Isaac Schechter Pdf

Author : Anonim
Publisher : Unknown
Page : 128 pages
File Size : 50,7 Mb
Release : 2019
Category : Electronic
ISBN : 0779891333

Get Book

CANADIAN TRADE-MARK LAW BENCHBOOK, THIRD EDITION. by Anonim Pdf

Author : Helen Johnson
Publisher : Bloomsbury Publishing
Page : 888 pages
File Size : 55,9 Mb
Release : 2023-05-11
Category : Law
ISBN : 9781526517661

Get Book

A Guide to Trade Mark Law and Practice in Ireland by Helen Johnson Pdf

Introducing the practice and procedure of trade marks in Ireland and at the EU Intellectual Property Office (EUIPO), this book steers clear of confusing legal jargon, explaining the main trade mark principles clearly and concisely. Several new chapters have been added to the Second Edition, addressing topics such as trade mark searching, online infringement and trade mark protection post-Brexit. Recent Irish legislation is also covered: - European Union (Trade Marks) Regulations 2018 (SI 561/2018) - Trade Marks (Amendment) Rules 2018 (SI 562/2018) - Trade Marks Act 1996 (Community Trade Mark) (Amendment) Regulations 2018 (SI 563/2018) - Trade Marks (Amendment) Rules 2019 (SI 588/2019 and 628/2019) - Copyright and Other Intellectual Property Law Provisions Act 2019 - Public Health (Standardised Packaging of Tobacco) Act 2015 Notable authorities are also considered, such as: - Galway Free Range Eggs Ltd v O' Brien and Ors [2016] IEHC 249 - Nutrimedical BV & anor v Nualtra Ltd [2016] IEHC 261; [2017] IEHC 253 - Aldi v Dunnes Stores [2019] IESC 41 - Cartier International & Ors v British Sky Broadcasting Limited & Ors [2014] EWHC 3354 (Ch), [2016] EWCA Civ 658 and [2018] UKSC 28 - Sky Ltd & Ors v Skykick UK Ltd & Anor [2020] EWHC 990 (Ch) and [2021] EWCA Civ 1121 - Aviareto Ltd v Global Closing Room Ltd [2021] IEHC 377 This is an indispensable guide for lawyers, those working in the area of IP, candidates intending to sit the Trade Mark Agent exam at the Intellectual Property Office of Ireland, sole traders, entrepreneurs and anyone wanting to protect their brand. This title is included in Bloomsbury Professional's Intellectual Property and IT online service.

Author : Rafal Sikorski,Żaneta Zemła-Pacud
Publisher : Kluwer Law International B.V.
Page : 474 pages
File Size : 52,9 Mb
Release : 2021-02-16
Category : Law
ISBN : 9789403524146

Get Book

Patents as an Incentive for Innovation by Rafal Sikorski,Żaneta Zemła-Pacud Pdf

Patents as an Incentive for Innovation Edited by Rafal Sikorski & Zaneta Zemla-Pacud Patents are a reward for human inventiveness. A well-functioning patent system must provide incentives for innovation, safeguard dynamic competition and protect the public interest – a balancing act fraught with difficulty in the ‘connected’ global world. This ground-breaking book is the first to deeply analyse how patent law today performs its function of stimulating innovation in the crucial sectors of healthcare, agriculture, artificial intelligence and communications technology. Patent specialists, practitioners and scholars from various jurisdictions thoroughly describe how patent rights can be deployed to incentivize investments in researching and developing socially critical innovations without sacrificing the public’s interest in sharing the benefits that are produced. Among the emerging issues of patent rights investigated are the following: protectability and morality of according private rights over material derived from the human body; licensing on fair, reasonable and non-discriminatory (FRAND) terms; the supplementary protection certificate (SPC) manufacturing waiver; patent eligibility of artificial intelligence-related inventions; excessive enforcement of patents by patent assertion entities; enforcement of second medical use innovations; the so-called farmer’s privilege, the farm-save seed exemption, and breeders’ rights; international trade regulations and their influence on patent systems; human enhancement technologies and the consequences of patenting them; specifics of patent protection for biologic medicines; challenges posed by artificial intelligence for the disclosure requirement in patent law; and standard essential patent licensing, particularly in the context of the 5G standard. Perspectives taken into consideration by the authors include protectability criteria, length and scope of the granted protection, mechanisms for dealing with the friction between generalized application and specialized concerns, and rights enforcement. These aspects are analysed on the domestic, international and global levels. The COVID-19 pandemic has highlighted the urgent need to strike the right balance between innovation and access in healthcare and other technologies, a need rooted in patent law. Because the problems discussed – and solutions offered – in this collection of expert essays are of tremendous practical and cultural significance, the book will be of immeasurable value to practitioners, policymakers and researchers in patent law and other fields of intellectual property law.