Trademark Law

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Canadian Trademark Law

Author : Teresa Scassa
Publisher : Unknown
Page : 582 pages
File Size : 53,5 Mb
Release : 2010-01-01
Category : Trademarks
ISBN : 0433452021

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Canadian Trademark Law by Teresa Scassa Pdf

Intellectual Property Law in Canada

Author : Barry B. Sookman,Steven Mason
Publisher : Thomson Carswell
Page : 0 pages
File Size : 54,6 Mb
Release : 2009
Category : Intellectual property
ISBN : 0779823060

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Intellectual Property Law in Canada by Barry B. Sookman,Steven Mason Pdf

Intellectual Property Law

Author : D. Vaver
Publisher : Essentials of Canadian Law
Page : 835 pages
File Size : 44,7 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.

Understanding Trademark Law

Author : Mary LaFrance
Publisher : Carolina Academic Press LLC
Page : 420 pages
File Size : 40,9 Mb
Release : 2019
Category : Competition, Unfair
ISBN : 1531014895

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Understanding Trademark Law by Mary LaFrance Pdf

"This treatise is a comprehensive and up-to-date guide to the law of trademarks and unfair competition. It provides a thorough introduction to the federal laws protecting registered trademarks and trade dress, as well as the broad array of federal and state unfair competition doctrines which protect unregistered trademarks and trade dress. Coverage includes the standards and procedures for obtaining federal registration, the rights and remedies available to owners of both registered and common law marks under federal and state law, and the full array of applicable defenses"--

Trademark Law and Theory

Author : Graeme B. Dinwoodie,Mark D. Janis
Publisher : Edward Elgar Publishing
Page : 555 pages
File Size : 55,7 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

Mastering Trademark and Unfair Competition Law

Author : Lars S. Smith,Llewellyn Joseph Gibbons
Publisher : Unknown
Page : 0 pages
File Size : 51,5 Mb
Release : 2013
Category : Trademarks
ISBN : 1594604495

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Mastering Trademark and Unfair Competition Law by Lars S. Smith,Llewellyn Joseph Gibbons Pdf

Mastering Trademark and Unfair Competition Law provides a clear and concise presentation of the basic principles underlying and the challenges facing a student or practitioner of trademark law in a digital age. This book traces the evolution of trademark law from its origin as a common law tort of unfair competition and associated common law trademark rights, to the most recent amendments to the federal Lanham Trademark Act. The book lays a solid foundation covering the basics of obtaining trademark and trade dress rights; federal trademark registration practice, including a discussion of practice before the TTAB; trademark infringement; defenses; and remedies. Mastering Trademark and Unfair Competition Law also has extensive coverage of the dilution of famous trademarks. Mastering Trademark and Unfair Competition Law thoroughly discusses all of the elements of the modern trademark practice. It has extensive discussions of new technologies such as Internet domain names, web pages, keyword advertising, virtual worlds, and computer games, as well as how trademark law has responded to the challenges presented by new forms of trademark use. There are chapters on cybersquatting under the Uniform Domain Name Resolution Policy (UDRP) and international trademark law including review of treaties such as the Paris Convention and the Madrid Protocol. The goal of this book is to ground the reader in the law, policies, and theories of trademark law so that the reader can better understand the legal and economic role of trademarks and brands in a modern economy.

International Trademark Licensing

Author : Stojan Arnerstål
Publisher : Kluwer Law International B.V.
Page : 367 pages
File Size : 47,8 Mb
Release : 2021-08-11
Category : Law
ISBN : 9789403519203

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International Trademark Licensing by Stojan Arnerstål Pdf

Increasingly, firms use licensing to exploit and commercialize trademarks internationally. In a globalized market, the free flow of goods and services by means of licensing requires detailed knowledge of national legal provisions and principles that apply to agreements of this type. This chapter-by-chapter comparative overview on the law and application of trademark licensing worldwide – including chapters on such key commercial jurisdictions as the EU Member States, the United Kingdom, the United States, Brazil, and Japan – is written by a team of experienced and distinguished attorneys, each representing a particular country. Each contributor describes and analyses legal challenges and offers practical guidance on licensing issues in his or her national jurisdiction. Within this framework, each chapter discusses such issues and topics as the following: country-specific regulations on trademark licensing; particular legal requirements to be complied with prior to entering into a license agreement; antitrust legislation affecting the scope of a license agreement; breach of a trademark licensing agreement; circumstances under which a breach of contract also constitutes a trademark infringement; permitted extent of non-compete or non-challenge clauses; licensee’s standing to sue third parties for trademark infringement; effect of invalidation or expiry of the licensed trademark on the agreement; and licensee’s right to claim entitlement to goodwill in the trademark, or a right to compensation, for investments made in the trademark. Because of the broad range and variety of countries covered, the book will be welcomed by legal practitioners dealing or coming into contact with trademark licensing in practically any jurisdiction. Taken together, the chapters provide invaluable insights into the similarities and differences among the covered jurisdictions, helping trademark holders and their counsel to understand the particulars of a specific market and deciding whether to enter it or not. It will also be valuable as a comprehensive resource for academic researchers or policymakers interested in the international harmonization of intellectual property licensing law.

Genuine Use of Trademarks

Author : Eléonore Gaspar
Publisher : Kluwer Law International B.V.
Page : 478 pages
File Size : 41,8 Mb
Release : 2018-09-11
Category : Law
ISBN : 9789403505640

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Genuine Use of Trademarks by Eléonore Gaspar Pdf

This book addresses the issue of trademark use that may be required for protection and maintenance of trademark rights. While there is considerable harmonization on trademark rights, courts and laws around the world do not always assess in the same way whether a trademark is used and do not always attach the same consequence to lack of use of a trademark. This is a fundamental issue for trademark owners since, depending on the jurisdiction, lack of use can lead to the revocation of trademark rights or to a refusal of trademark registration. This detailed analysis provides clarity, insight and guidance on the legal issues and practical implications of genuine use of trademarks in twenty-six jurisdictions worldwide. This book was developed within the framework of the International Association for the Protection of Intellectual Property (AIPPI), a non-affiliated, non-profit organization dedicated to improving and promoting the protection of intellectual property at both national and international levels. This topic was the subject of an AIPPI study, and subsequent Resolution – "The Requirements of genuine use of trademarks for maintaining protection" (2011, Hyderabad) which aims to harmonize this issue of genuine use of trademarks. The authors of the chapters for each jurisdiction were carefully selected based on their extensive experience and in-depth knowledge of trademark protection in their respective jurisdictions. Each chapter considers issues and topics such as the following: • types of use that qualify as genuine use of a trademark, including requirements as to whether uses are consistent with the function of the trademark or made in the course of trade; • requirements as to the volume, duration and frequency of use; • impact of the trademark's designation of goods and services; • issues relating to the sign used, particularly if it is used in a different form from the registered trademark (this includes consideration of alteration of the distinctive character, or the potential impact of a plurality of registered trademarks for different signs, or the question of use in black and white or in colour); • proof to be provided to evidence genuine use as a trademark, including issues of timing and territory; • situations in which the issue of genuine use can be of importance; • valid reasons for non-use; and • consequences of lack of use depending on the context, including possible revocation of trademark rights. Each chapter includes case law examples. As a comparative law study and a collection of contributions from around the world on a key issue of trademark law, this book is of tremendous practical interest. Trademark owners, parties involved in or contemplating enforcement proceedings, and interested legal practitioners will benefit greatly from its thorough comparative analysis and guidance. It is also exceptionally valuable as a comprehensive resource for academics and researchers interested in the international harmonization of trademark law.

The Average Consumer in Confusion-based Disputes in European Trademark Law and Similar Fictions

Author : Rasmus Dalgaard Laustsen
Publisher : Springer Nature
Page : 435 pages
File Size : 46,8 Mb
Release : 2019-11-06
Category : Law
ISBN : 9783030263508

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The Average Consumer in Confusion-based Disputes in European Trademark Law and Similar Fictions by Rasmus Dalgaard Laustsen Pdf

This book contends that, with regard to the likelihood of confusion standard, European trademark law applies the average consumer incoherently and inconsistently. To test this proposal, it presents an analysis of the horizontal and vertical level of harmonization of the average consumer. The horizontal part focuses on similar fictions in areas of law adjacent to European trademark law (and in economics), and the average consumer in unfair competition law. The vertical part focuses on European trademark law, represented mainly by EU trademark law, and the trademark laws of the UK, Sweden, Denmark and Norway. The book provides readers with a better understanding of key aspects of European trademark law (the average consumer applied as part of the likelihood of confusion standard) and combines relevant law and practices with theoretical content and other related areas of law (and economics). Accordingly, it is an asset for policymakers and practitioners, as well as general readers with an interest in intellectual property law and theory.

Research Handbook on Trademark Law Reform

Author : Graeme B. Dinwoodie,Mark D. Janis
Publisher : Edward Elgar Publishing
Page : 456 pages
File Size : 47,7 Mb
Release : 2021-04-30
Category : Law
ISBN : 9781785366215

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Research Handbook on Trademark Law Reform by Graeme B. Dinwoodie,Mark D. Janis Pdf

This far-reaching Research Handbook is a follow-up to Graeme B. Dinwoodie and Mark D. Janis’s successful book Trademark Law and Theory. It examines reform of trademark law from a number of perspectives and across many jurisdictions, and contains insights from a stellar cast of trademark scholars.

Trademark Law

Author : Adam Brookman
Publisher : Wolters Kluwer
Page : 1130 pages
File Size : 40,8 Mb
Release : 2014-06-13
Category : Law
ISBN : 9781454848691

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Trademark Law by Adam Brookman Pdf

This is the first practical treatise of its kind to approach trademark law from a fully integrated legal and business perspective. It walks you through the major areas of trademark practice: Selecting and adopting trademarks Perfecting, exploiting, and maintaining trademark rights Asserting and defending against trademark claims Business issues in trademark ownership You'll find clear, concise explanations and illustrative case examples to help you take a course of action in the full range of business scenarios. This book covers every key area, including: Trademark selection and adoption Trademark registration Trade dress Conducting due diligence Fair use of the trademarks of others Enforcement letters and more

Trademark Law Treaty Implementation

Author : United States
Publisher : Unknown
Page : 10 pages
File Size : 43,9 Mb
Release : 1998
Category : Marshall Islands
ISBN : UCR:31210024928358

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Trademark Law Treaty Implementation by United States Pdf

The Historical Foundations of the Law Relating to Trade-marks

Author : Frank Isaac Schechter
Publisher : The Lawbook Exchange, Ltd.
Page : 246 pages
File Size : 55,7 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.

THE TRADEMARK LAW DICTIONARY

Author : Rachel Gader-Shafran, MA, JD, LLM
Publisher : iUniverse
Page : 333 pages
File Size : 54,7 Mb
Release : 2013
Category : Law
ISBN : 9781491704677

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THE TRADEMARK LAW DICTIONARY by Rachel Gader-Shafran, MA, JD, LLM Pdf

"The Trademark Law Dictionary will be helpful for anyone who researches trademark law. With it, one can easily locate terms and quickly understand concepts-all in one volume. I am impressed with the enormous scope of this reference. The inclusion of international treaty terms is in itself a substantial contribution to the field." Christine Haight Farley Professor of Law American University Washington College of Law THE TRADEMARK LAW DICTIONARY Part of The Law Dictionary Series (TM) The One-Stop Source for Legal Terminology JDs, LLMs & SJDs Attorneys & Paralegals FIND IT Easy to Locate Terms & Cross-Referenced KNOW IT Clear & Easy to Understand USE IT Communicate Effectively & Efficiently Apply Intricate Terminology & Underlying Legal Concepts JDs, LLMs & SJDs need to be able to communicate effectively and efficiently. This Dictionary will afford Law Students and Law Professors with the resource they need to bring clarity to the burgeoning field of IP Law. Practitioners & Paralegals of Intellectual Property law must understand, cross-reference and apply intricate terminology. The IP Dictionary gives the Practitioner & Paralegal the ability to easily locate terms and underlying concepts and apply them to their work product. www.thelawdictionaryseries.com