Special Protection of Trade Marks with a Reputation under European Union Law

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9403519916
Total Pages : 469 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Special Protection of Trade Marks with a Reputation under European Union Law by : Michal Bohaczewski

Download or read book Special Protection of Trade Marks with a Reputation under European Union Law written by Michal Bohaczewski and published by Kluwer Law International B.V.. This book was released on 2020-04-09 with total page 469 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Trademark Law Treaty Implementation

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Publisher :
ISBN 13 :
Total Pages : 9 pages
Book Rating : 4.:/5 (49 download)

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Book Synopsis Trademark Law Treaty Implementation by : United States

Download or read book Trademark Law Treaty Implementation written by United States and published by . This book was released on 1998 with total page 9 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Right of Publicity

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Publisher : Harvard University Press
ISBN 13 : 0674986350
Total Pages : 170 pages
Book Rating : 4.6/5 (749 download)

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Book Synopsis The Right of Publicity by : Jennifer Rothman

Download or read book The Right of Publicity written by Jennifer Rothman and published by Harvard University Press. This book was released on 2018-05-07 with total page 170 pages. Available in PDF, EPUB and Kindle. Book excerpt: Who controls how one’s identity is used by others? This legal question, centuries old, demands greater scrutiny in the Internet age. Jennifer Rothman uses the right of publicity—a little-known law, often wielded by celebrities—to answer that question, not just for the famous but for everyone. In challenging the conventional story of the right of publicity’s emergence, development, and justifications, Rothman shows how it transformed people into intellectual property, leading to a bizarre world in which you can lose ownership of your own identity. This shift and the right’s subsequent expansion undermine individual liberty and privacy, restrict free speech, and suppress artistic works. The Right of Publicity traces the right’s origins back to the emergence of the right of privacy in the late 1800s. The central impetus for the adoption of privacy laws was to protect people from “wrongful publicity.” This privacy-based protection was not limited to anonymous private citizens but applied to famous actors, athletes, and politicians. Beginning in the 1950s, the right transformed into a fully transferable intellectual property right, generating a host of legal disputes, from control of dead celebrities like Prince, to the use of student athletes’ images by the NCAA, to lawsuits by users of Facebook and victims of revenge porn. The right of publicity has lost its way. Rothman proposes returning the right to its origins and in the process reclaiming privacy for a public world.

The National Union Catalog, Pre-1956 Imprints

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Publisher :
ISBN 13 :
Total Pages : 712 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The National Union Catalog, Pre-1956 Imprints by : Library of Congress

Download or read book The National Union Catalog, Pre-1956 Imprints written by Library of Congress and published by . This book was released on 1973 with total page 712 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Trademark and Unfair Competition Conflicts

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Publisher : Cambridge University Press
ISBN 13 : 1316875962
Total Pages : pages
Book Rating : 4.3/5 (168 download)

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Book Synopsis Trademark and Unfair Competition Conflicts by : Tim W. Dornis

Download or read book Trademark and Unfair Competition Conflicts written by Tim W. Dornis and published by Cambridge University Press. This book was released on 2017-02-23 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: With the rise of internet marketing and e-commerce around the world, international and cross-border conflicts in trademark and unfair competition law have become increasingly important. In this groundbreaking work, Tim Dornis - who, in addition to his scholarly pursuits, has worked as an attorney, a public prosecutor, and a judge, giving him experience in both civil and common-law jurisdictions - presents the historical-comparative, doctrinal, and economic aspects of trademark and unfair competition conflicts law. The book should be read by any scholar or practitioner interested in the international aspects of intellectual property generally, and trademark and unfair competition law specifically. This title is available as Open Access.

Trademarks and Unfair Competition Deskbook

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Publisher :
ISBN 13 : 9781522181941
Total Pages : pages
Book Rating : 4.1/5 (819 download)

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Book Synopsis Trademarks and Unfair Competition Deskbook by : Janet A. Marvel

Download or read book Trademarks and Unfair Competition Deskbook written by Janet A. Marvel and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Trademark and Unfair Competition Conflicts

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1107155061
Total Pages : 699 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Trademark and Unfair Competition Conflicts by : Tim W. Dornis

Download or read book Trademark and Unfair Competition Conflicts written by Tim W. Dornis and published by Cambridge University Press. This book was released on 2017-02-23 with total page 699 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book will be of interest for all jurists doing research and working practically in intellectual property law and international economic law. It should be an element of the base stock for every law school library and specialized law firm. This title is available as Open Access.

Model Rules of Professional Conduct

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Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

McCarthy on Trademarks and Unfair Competition

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Author :
Publisher : Clark Boardman Callaghan
ISBN 13 :
Total Pages : 1186 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis McCarthy on Trademarks and Unfair Competition by : J. Thomas McCarthy

Download or read book McCarthy on Trademarks and Unfair Competition written by J. Thomas McCarthy and published by Clark Boardman Callaghan. This book was released on 1996 with total page 1186 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Professor Is In

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Author :
Publisher : Crown
ISBN 13 : 0553419420
Total Pages : 450 pages
Book Rating : 4.5/5 (534 download)

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Book Synopsis The Professor Is In by : Karen Kelsky

Download or read book The Professor Is In written by Karen Kelsky and published by Crown. This book was released on 2015-08-04 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: The definitive career guide for grad students, adjuncts, post-docs and anyone else eager to get tenure or turn their Ph.D. into their ideal job Each year tens of thousands of students will, after years of hard work and enormous amounts of money, earn their Ph.D. And each year only a small percentage of them will land a job that justifies and rewards their investment. For every comfortably tenured professor or well-paid former academic, there are countless underpaid and overworked adjuncts, and many more who simply give up in frustration. Those who do make it share an important asset that separates them from the pack: they have a plan. They understand exactly what they need to do to set themselves up for success. They know what really moves the needle in academic job searches, how to avoid the all-too-common mistakes that sink so many of their peers, and how to decide when to point their Ph.D. toward other, non-academic options. Karen Kelsky has made it her mission to help readers join the select few who get the most out of their Ph.D. As a former tenured professor and department head who oversaw numerous academic job searches, she knows from experience exactly what gets an academic applicant a job. And as the creator of the popular and widely respected advice site The Professor is In, she has helped countless Ph.D.’s turn themselves into stronger applicants and land their dream careers. Now, for the first time ever, Karen has poured all her best advice into a single handy guide that addresses the most important issues facing any Ph.D., including: -When, where, and what to publish -Writing a foolproof grant application -Cultivating references and crafting the perfect CV -Acing the job talk and campus interview -Avoiding the adjunct trap -Making the leap to nonacademic work, when the time is right The Professor Is In addresses all of these issues, and many more.

Capitalism without Capital

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Publisher : Princeton University Press
ISBN 13 : 0691183295
Total Pages : 292 pages
Book Rating : 4.6/5 (911 download)

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Book Synopsis Capitalism without Capital by : Jonathan Haskel

Download or read book Capitalism without Capital written by Jonathan Haskel and published by Princeton University Press. This book was released on 2018-10-16 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: Early in the twenty-first century, a quiet revolution occurred. For the first time, the major developed economies began to invest more in intangible assets, like design, branding, and software, than in tangible assets, like machinery, buildings, and computers. For all sorts of businesses, the ability to deploy assets that one can neither see nor touch is increasingly the main source of long-term success. But this is not just a familiar story of the so-called new economy. Capitalism without Capital shows that the growing importance of intangible assets has also played a role in some of the larger economic changes of the past decade, including the growth in economic inequality and the stagnation of productivity. Jonathan Haskel and Stian Westlake explore the unusual economic characteristics of intangible investment and discuss how an economy rich in intangibles is fundamentally different from one based on tangibles. Capitalism without Capital concludes by outlining how managers, investors, and policymakers can exploit the characteristics of an intangible age to grow their businesses, portfolios, and economies.

EU Trade Mark Law and Product Protection

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Author :
Publisher : Taylor & Francis
ISBN 13 : 1000902927
Total Pages : 290 pages
Book Rating : 4.0/5 (9 download)

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Book Synopsis EU Trade Mark Law and Product Protection by : Lavinia Brancusi

Download or read book EU Trade Mark Law and Product Protection written by Lavinia Brancusi and published by Taylor & Francis. This book was released on 2023-07-13 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Good Will, Trade-marks and Unfair Trading

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Publisher :
ISBN 13 :
Total Pages : 296 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Good Will, Trade-marks and Unfair Trading by : Edward Sidney Rogers

Download or read book Good Will, Trade-marks and Unfair Trading written by Edward Sidney Rogers and published by . This book was released on 1914 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Trade Marks and Brands

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Publisher : Cambridge University Press
ISBN 13 : 9780521187923
Total Pages : 0 pages
Book Rating : 4.1/5 (879 download)

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Book Synopsis Trade Marks and Brands by : Lionel Bently

Download or read book Trade Marks and Brands written by Lionel Bently and published by Cambridge University Press. This book was released on 2011-03-03 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Business Law I Essentials

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Publisher :
ISBN 13 : 9781680923025
Total Pages : 180 pages
Book Rating : 4.9/5 (23 download)

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Book Synopsis Business Law I Essentials by : MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.)

Download or read book Business Law I Essentials written by MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.) and published by . This book was released on 2019-09-27 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: A less-expensive grayscale paperback version is available. Search for ISBN 9781680923018. Business Law I Essentials is a brief introductory textbook designed to meet the scope and sequence requirements of courses on Business Law or the Legal Environment of Business. The concepts are presented in a streamlined manner, and cover the key concepts necessary to establish a strong foundation in the subject. The textbook follows a traditional approach to the study of business law. Each chapter contains learning objectives, explanatory narrative and concepts, references for further reading, and end-of-chapter questions. Business Law I Essentials may need to be supplemented with additional content, cases, or related materials, and is offered as a foundational resource that focuses on the baseline concepts, issues, and approaches.

From Goods to a Good Life

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Publisher : Yale University Press
ISBN 13 : 030014671X
Total Pages : 274 pages
Book Rating : 4.3/5 (1 download)

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Book Synopsis From Goods to a Good Life by : Madhavi Sunder

Download or read book From Goods to a Good Life written by Madhavi Sunder and published by Yale University Press. This book was released on 2012-06-26 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: A law professor draws from social and cultural theory to defend her idea that that intellectual property law affects the ability of citizens to live a good life and prohibits people from making and sharing culture.

Transition and Coherence in Intellectual Property Law

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Publisher : Cambridge University Press
ISBN 13 : 1108484603
Total Pages : 531 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Transition and Coherence in Intellectual Property Law by : Niklas Bruun

Download or read book Transition and Coherence in Intellectual Property Law written by Niklas Bruun and published by Cambridge University Press. This book was released on 2021-01-07 with total page 531 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is for students and scholars of intellectual property law, practitioners seeking creative arguments from across the field, and policymakers searching for solutions to changing social and technological issues. The book explores the tensions between two fundamentally competing demands made of IP law.