Trade Marks

Author : Teresa Scassa
Publisher : Unknown
Page : 582 pages
File Size : 53,8 Mb
Release : 2010-01-01
Category : Trademarks
ISBN : 0433452021

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Canadian Trademark Law by Teresa Scassa Pdf

Author : D. Vaver
Publisher : Essentials of Canadian Law
Page : 835 pages
File Size : 50,9 Mb
Release : 2011
Category : Law
ISBN : 1552212092

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Intellectual Property Law by D. Vaver Pdf

One of the most important treatises on the subject in Canada for scholars, practitioners, policy analysts and students alike. The book has been cited as a leading authority by all levels of courts, including the Supreme Court of Canada.

Author : Lionel Bently,Jennifer Davis,Jane C. Ginsburg
Publisher : Cambridge University Press
Page : 0 pages
File Size : 53,8 Mb
Release : 2011-03-03
Category : Law
ISBN : 0521187923

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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 : Michal Bohaczewski
Publisher : Kluwer Law International B.V.
Page : 445 pages
File Size : 55,6 Mb
Release : 2020-04-09
Category : Law
ISBN : 9789403519913

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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 : Irene Calboli,Martin Senftleben
Publisher : Oxford University Press
Page : 432 pages
File Size : 54,5 Mb
Release : 2019-01-11
Category : Law
ISBN : 9780192572790

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The Protection of Non-Traditional Trademarks by Irene Calboli,Martin Senftleben Pdf

This volume offers a detailed analysis of the issues related to the protection of non-traditional marks. In recent years, the domain of trademark law and the scope of trademark protection has grown exponentially. Today, a wide variety of non-traditional marks, including colour, sound, smell, and shape marks, can be registered in many jurisdictions. However, this expansion of trademark protection has led to heated discussions and controversies about the impact of the protection of non-traditional marks on freedom of competition and, more generally, on socially valuable use of these or similar signs in unrelated non-commercial contexts. These tensions have also led to increasing litigation in this area across several jurisdictions. This book provides an overview of the debate and state of the law surrounding non-traditional marks at the international, regional, and national level. In particular, this book addresses relevant international treaties administered by the World Intellectual Property Organization (WIPO) and the Agreement on Trade-Related Aspects to Intellectual Property Rights (TRIPS) as well as several regional and national legislations and leading judicial decisions in order to examine current law and practice culminating in critical reflections and suggestions on the topic. This is an open access title available under the terms of a CC BY-NC-ND 3.0 licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations.

Author : Lazaros G. Grigoriadis
Publisher : Springer
Page : 510 pages
File Size : 48,9 Mb
Release : 2014-05-06
Category : Law
ISBN : 9783319047959

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Trade Marks and Free Trade by Lazaros G. Grigoriadis Pdf

This book is the first study to examine the issue of the legality of parallel imports of trademarked goods under the most important legal systems on an international level, namely under GATT/WTO law, EU law and the laws of the ten major trading partners of the European Union. Part I consists of a general approach to the phenomenon of parallel importation and of a presentation of the theories that have been suggested to resolve the above-mentioned issue. The rule of exhaustion of rights, of which there are three types (rule of national, regional and international exhaustion of rights), is proposed as the most effective instrument to deal with the issue in question. Part II examines the question of exhaustion of trademark rights in light of the provisions of GATT/WTO Law. Part III analyzes the elements of the EU provisions on exhaustion of trademark rights (Articles 7 of Directive 2008/95/EC and 13 of Regulation (EC) 207/2009) and some specific issues relating to the application of these provisions. Part IV presents the regimes of exhaustion of trademark rights recognized in the European Union’s current ten most significant trading partners. The book is the first legal study to welcome, in light of economic analysis, the approach adopted by GATT/WTO law and EU law to the question of the geographical scope of the exhaustion of the trademark rights rule. It includes all the case law developed on an international level on the issue of the legality of parallel imports of trademarked goods and a comprehensive overview of the scientific literature concerning the phenomenon of parallel imports in general and the legality of parallel imports of trademarked goods. All the views expressed in the book are based on the European Court of Justice’s most recent case law and that of the courts of the most important trading partners of the European Union.

Author : Roger T. Hughes
Publisher : Unknown
Page : 128 pages
File Size : 55,6 Mb
Release : 2024-06-15
Category : Trademarks
ISBN : 0433449837

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Hughes on Trade Marks by Roger T. Hughes Pdf

Author : Jeremy Phillips
Publisher : Edward Elgar Publishing
Page : 309 pages
File Size : 41,6 Mb
Release : 2006-01-01
Category : Law
ISBN : 9781847200129

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Trade Marks at the Limit by Jeremy Phillips Pdf

. . . the book differs from the norm in addressing issues not conventionally found in the more standard trade mark works and in dealing with the subject not in the traditional textbook manner but in a series of contributions from a panel of distinguished international experts. . . While there will always be a need for the detailed and comprehensive academic and practitioner tomes, books such as this give the reader access to the cutting-edge minds of a number of leading experts in their fields. Books of this nature encourage the reader to question and challenge the current status of the law the only way law can evolve. In both its structure and its content this book is highly commended. Colin R. Davies, European Intellectual Property Review Trade Marks at the Limit is a collection of current, informed and original essays on different aspects of a topic that unites trade mark owners, practitioners and potential infringers alike the fine borderline that separates permitted use of another business s trade mark from a use that constitutes trade mark infringement. This important and groundbreaking book first examines the international legal framework for regulating unauthorised use of the trade marks of others. Then writers from both sides of the Atlantic and from Australia look at the practical problems and conceptual issues that the courts face in striking a balance between the needs of trade mark owners, their competitors, businesses that provide downstream services, and also consumers. The authors address industry specific issues involving the financial services sector and consumer goods as well as problems raised by comparative advertising, the need to protect free speech, the problems faced when dealing with non-traditional trade marks and the special case of multilingual jurisdictions. Authored by leading legal practitioners and consultants in related sectors, Trade Marks at the Limit is the first book to bring these issues together under the banner of permitted but unauthorised trade mark use.

Author : Carolina Castaldi,Jörn Block,Meindert J. Flikkema
Publisher : Routledge
Page : 360 pages
File Size : 41,5 Mb
Release : 2021-06-14
Category : Business & Economics
ISBN : 9781000403879

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Trademarks and Their Role in Innovation, Entrepreneurship and Industrial Organization by Carolina Castaldi,Jörn Block,Meindert J. Flikkema Pdf

Trademarks are the most widely used intellectual property right by companies worldwide. Their strategic importance is increasing, as reputational assets become more relevant for companies than ever, in national and global markets. Trademarks also represent key tools for companies to profit from innovation and can make the difference for start-ups and entrepreneurial firms by allowing them to gain legitimacy and fostering fund raising from investors. This book Trademarks and Their Role in Innovation, Entrepreneurship and Industrial Organization takes stock of the emerging academic research on how companies use trademarks. It collects a rich set of contributions from several research perspectives and disciplines and proposes an integrated view bridging different levels of analysis: individual, firm, industry, and country level. Specifically, the book combines an industrial organization, innovation, and entrepreneurship perspective to understand why, when and with what effects entrepreneurs, innovators, and firms use trademarks. The book is targeted toward academic readers to gain a better understanding of the emerging and interdisciplinary field of trademark research as well as interested practitioners from the area of intellectual property (IP) management and policy-making. The chapters in this book were originally published in Industry and Innovation.

Author : Frank Isaac Schechter
Publisher : The Lawbook Exchange, Ltd.
Page : 246 pages
File Size : 52,6 Mb
Release : 1999
Category : Trademarks
ISBN : 9781584770350

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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 : United States. Congress. House. Committee on Patents
Publisher : Unknown
Page : 88 pages
File Size : 44,6 Mb
Release : 1932
Category : Trademarks
ISBN : MINN:31951D03583310Q

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Trade-marks by United States. Congress. House. Committee on Patents Pdf

Author : United States. Congress. Senate. Committee on Patents
Publisher : Unknown
Page : 188 pages
File Size : 46,7 Mb
Release : 1925
Category : Trademarks
ISBN : LOC:00112469187

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Registration of Trade-marks by United States. Congress. Senate. Committee on Patents Pdf

Author : Parliament of India
Publisher : Good Press
Page : 99 pages
File Size : 48,7 Mb
Release : 2020-12-08
Category : Law
ISBN : EAN:4064066063689

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Trade Marks Act, 1999 by Parliament of India Pdf

This Act was made in the 50th year of India's independence. Its purpose was to 'amend and consolidate the law relating to trade marks, to provide for registration and better protection of trade marks for goods and services and for the prevention of the use of fraudulent marks.' This text was published for information.

Author : Per Mollerup
Publisher : Phaidon Press
Page : 240 pages
File Size : 48,8 Mb
Release : 1997
Category : Art
ISBN : 0714834483

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Marks of Excellence by Per Mollerup Pdf

The core of the book is a full classification of all the trade marks covering pictures, names and abbreviations. The author analyses and describes the history of trademarks and shows how they have transcended barriers of language and time.

Author : Anonim
Publisher : Unknown
Page : 36 pages
File Size : 42,6 Mb
Release : 1962
Category : Trademarks
ISBN : OSU:32437122943786

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General Information Concerning Trade-marks by Anonim Pdf