Trade Marks At The Limit

Author : Jeremy Phillips
Publisher : Edward Elgar Publishing
Page : 309 pages
File Size : 45,8 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 : Duncan Mackenzie Kerly,David Kitchin
Publisher : Unknown
Page : 1476 pages
File Size : 54,6 Mb
Release : 2005
Category : Business names
ISBN : IND:30000100773336

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Kerly's Law of Trade Marks and Trade Names by Duncan Mackenzie Kerly,David Kitchin Pdf

The definitive practitioner text on the UK law of trade marks and trade names. The book provides trade mark practitioners with a comprehensive analysis of trade mark law through a mix of commentary, case law and legislation.

Author : Nicholas Caddick KC,Ben Longstaff,Jamie Muir Wood,Charlotte Duly
Publisher : Bloomsbury Publishing
Page : 817 pages
File Size : 40,6 Mb
Release : 2021-12-20
Category : Law
ISBN : 9781526511577

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A User's Guide to Trade Marks and Passing Off by Nicholas Caddick KC,Ben Longstaff,Jamie Muir Wood,Charlotte Duly Pdf

Focuses on the current law relating to the protection of registered trademarks and certain related rights. This includes registered trade marks, well-known trade marks, certification marks, collective marks, protested geographical origin indicators, international conventions, and passing off. There is clear explanation of the underlying principles and concepts with a breakdown of procedural matters, thereby helping to tie the different areas together. Individual topics covered include: Kit-Kat - when can 3D shape marks benefit from 'acquired distinctiveness'? Whether colours may form part of 3D shape marks - Louboutin Infringement by 'wrong way round' confusion Limitations on the own-name defence Calculation of damages, and the availability of blocking injunctions

Author : Hiroko Onishi
Publisher : Routledge
Page : 297 pages
File Size : 51,7 Mb
Release : 2015-06-26
Category : Law
ISBN : 9781136027840

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Well-Known Trade Marks by Hiroko Onishi Pdf

This book considers the effectiveness of well-known trade mark protection at an international level. It particularly considers EU trade mark law from Japanese perspectives, and provides a practical and critical overview of trade mark law in Japan, including the historical development of the law and the recent development on cases and policy. The book includes detailed coverage of the Japanese Unfair Competition Prevention Act, and contains the first systematic analysis of Japanese jurisprudence and legislative amendments of law in relation to well-known trade marks and unfair competition. The book goes on to comparatively analyse Japanese trade mark law alongside that of the European Community Trade Mark system. The book critically considers the difficulties in comprehensively defining a ‘well-known trade mark’ in the relevant international trade mark instruments. In breaking down the traditional definition of the ‘well-known trade mark’, the book works to address existing theoretical ambiguities in the application of trade mark law.

Author : Genevieve Wilkinson
Publisher : Edward Elgar Publishing
Page : 275 pages
File Size : 50,5 Mb
Release : 2023-08-14
Category : Political Science
ISBN : 9781800889804

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Founding a Global Human Rights Culture for Trade Marks by Genevieve Wilkinson Pdf

This ground-breaking book demonstrates that states are not attentive enough to the serious human rights implications of trade mark protection. Important rights to freedom of expression, health, life, benefits from science and culture, privacy, a fair trial and protection from discrimination and hate speech are often insufficiently addressed.

Author : Anonim
Publisher : Unknown
Page : 14 pages
File Size : 46,9 Mb
Release : 1988-08
Category : Trademarks
ISBN : MINN:319510029628472

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Basic Facts about Trademarks by Anonim Pdf

Author : United States. Congress. Senate. Committee on Foreign Relations
Publisher : Unknown
Page : 6 pages
File Size : 44,5 Mb
Release : 2007
Category : Trademarks
ISBN : UOM:39015085436403

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Singapore Treaty on the Law of Trademarks by United States. Congress. Senate. Committee on Foreign Relations Pdf

Author : Sun
Publisher : Oxford University Press
Page : 337 pages
File Size : 54,7 Mb
Release : 2023-05-12
Category : Law
ISBN : 9780198871248

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Charting Limits on Trademark Rights by Sun Pdf

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.

Author : Teresa Scassa
Publisher : Unknown
Page : 582 pages
File Size : 50,8 Mb
Release : 2010-01-01
Category : Trademarks
ISBN : 0433452021

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Canadian Trademark Law by Teresa Scassa Pdf

Author : Graeme B. Dinwoodie,Mark D. Janis
Publisher : Edward Elgar Publishing
Page : 555 pages
File Size : 48,6 Mb
Release : 2008
Category : Law
ISBN : 9781848441316

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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 : Irene Calboli,Martin Senftleben
Publisher : Oxford University Press
Page : 432 pages
File Size : 42,9 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 : Byfleet Gwillym Ravenscroft
Publisher : Unknown
Page : 738 pages
File Size : 49,7 Mb
Release : 1925
Category : Commercial products
ISBN : UOM:35128001187200

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International Trade Mark Law and Practice by Byfleet Gwillym Ravenscroft Pdf

Author : Mohammad Amin Naser
Publisher : Cambridge Scholars Publishing
Page : 230 pages
File Size : 50,9 Mb
Release : 2009-12-14
Category : Law
ISBN : 9781443818292

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Revisiting the Philosophical Foundations of Trademarks in the US and UK by Mohammad Amin Naser Pdf

This book challenges the philosophical foundations of current trademark systems in the USA and the UK. It argues that the process of trademark creation should be transformed to the more practical and realistic proposition of “co-authorship” of trademarks by both the public and trademark owners. The book develops the “Economic-Social Planning justification”, which departs from the economic argument that trademarks reduce consumer search costs, and then proposes that trademarks should be formulated in a manner which helps foster a just and attractive culture. Trademarks are thus seen as source and origin identifiers, rather than quality identifiers. The book focuses on the often ignored role of the public and their rights in trademarks and calls for the adoption of the confusion rationale for trademark protection, not the dilution individualistic rationale. The two jurisdictions of this book prove adverse effects over the rights of the public in terms of using trademarks in cultural and expressive contexts, thereby threatening the principles of freedom of expression as a human fundamental right.

Author : Schaafsma, Sierd J.
Publisher : Edward Elgar Publishing
Page : 608 pages
File Size : 42,5 Mb
Release : 2022-01-14
Category : Law
ISBN : 9781839108501

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Intellectual Property in the Conflict of Laws by Schaafsma, Sierd J. Pdf

This comprehensive book provides a ground-breaking new explanation of the principle of national treatment in the Berne Convention and the Paris Convention and new insights into the history of the conflict-of-laws, aliens law and their relationship. Providing a full and detailed analysis of the existence and the interpretation of the conflict-of-law rule in these conventions, this book will be an important resource for legal scholars, specialized practitioners and policy-makers.

Author : Joseph Edwin Crawford Munro
Publisher : Unknown
Page : 528 pages
File Size : 48,8 Mb
Release : 1884
Category : Copyright
ISBN : OXFORD:N11243512

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The Patents, Designs, and Trade Marks Act, 1883 (46 & 47 Vict. C. 57) with the Rules and Instructions by Joseph Edwin Crawford Munro Pdf