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Passing Off And Misappropriation In The Law Of Unfair Competition
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Author :Peter Joachim Kaufmann Publisher :Max Planck Institute for Foreign and International Patent Company ISBN 13 : Total Pages :192 pages Book Rating :4.F/5 ( download)
Book Synopsis Passing Off and Misappropriation by : Peter Joachim Kaufmann
Download or read book Passing Off and Misappropriation written by Peter Joachim Kaufmann and published by Max Planck Institute for Foreign and International Patent Company. This book was released on 1986 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Law of Passing-off by : Christopher Wadlow
Download or read book The Law of Passing-off written by Christopher Wadlow and published by Sweet & Maxwell. This book was released on 2011 with total page 1037 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Christopher Wadlow's The Law of Passing-off is the only specialist practitioner's reference work dealing with the common law torts of unfair competition by misrepresentation, namely passing-off and injurious falsehood.
Book Synopsis Passing Off and Misappropriation in the Law of Unfair Competition by : Peter Joachim Kaufmann
Download or read book Passing Off and Misappropriation in the Law of Unfair Competition written by Peter Joachim Kaufmann and published by . This book was released on 1985 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Passing Off written by John Drysdale and published by Lexis Law Publishing (Va). This book was released on 1986 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: "One of the most important remedies available in the field of unfair competition is that provided by reliance on the tort of passing off...Despite the obvious importance of passing off, comparatively few legal texts exist on the subject. It has therefore been our intention to remedy this situation. However, we have found it impossible to treat passing off adequately in isolation without considering the other torts which can be relied upon to prevent unfair competition, the principal of these being infringement of registered trade marks, itself the offspring of the action for passing off. The actions of malicious falsehood and (to a lesser extent) libel are also of importance. We have also considered copyright and, to a more limited extent, registered designs, when the basis of the complaint is the shape of an article itself or is a 'device' or label trade mark. The task we have set ourselves is to write a book which will assist the practitioner to recognise, in particular cases of unfair competition, whether there is passing off, or some other related tort, and, if so, the remedy available." -- form the Preface, p. v.
Book Synopsis The System of Unfair Competition Prevention in Japan by : Christopher Heath
Download or read book The System of Unfair Competition Prevention in Japan written by Christopher Heath and published by Springer. This book was released on 2001-05-02 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first in-depth treatment in English of Japanese law and practice governing unfair competition. The author analyzes the interaction of the relevant laws - and the case law derived from each - to present a systematic description of how business reputation, trade secrets, well-known marks, and other aspects of business achievement and investment are protected against undue exploitation in Japan. Prohibited acts of unfair competition covered include: misappropriation by confusion or passing-off; misappropriation through breach of trust or fiduciary duty; slavish imitation of distinct product features; trade mark piracy; tortious acts of denigration, libel, and slander; direct interference by, e.g., boycott or bribery; undue exercise of intellectual property rights; and misleading indications on goods and services (e.g., of geographical origin). Several problematic areas - in particular, the obstacles to effective enforcement, and the lack of adequate protection for consumers against acts of unfair competition - are given particular emphasis. The book concludes with cogent proposals on how the Japanese system could be improved and developed, referring to the model provisions of the World Intellectual Property Organization and offering a new and original draft Unfair Competition Act. Any business person or investor interested in the Japanese market will benefit enormously from this practical and insightful volume.
Book Synopsis The Commercial Appropriation of Fame by : David Tan
Download or read book The Commercial Appropriation of Fame written by David Tan and published by Cambridge University Press. This book was released on 2017-04-20 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: 9.1 A Pragmatic Cultural Framework for Legal Analysis -- 9.2 Concluding Remarks -- Bibliography -- Index
Book Synopsis Passing Off and Misapropriation in the Law of Unfair Competition by : Peter Joachim Kaufmann
Download or read book Passing Off and Misapropriation in the Law of Unfair Competition written by Peter Joachim Kaufmann and published by . This book was released on 1985 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Unfair Trade Practices and Intellectual Property by : Roger E. Schechter
Download or read book Unfair Trade Practices and Intellectual Property written by Roger E. Schechter and published by West Academic Publishing. This book was released on 1993 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: Privilege to Compete; Obtaining Trademark Rights; Types of Trademarks; Shape, Color and Trade Dress; Trademark Infringement; Dilution; Permissible Uses of Another's Mark; Copyrightable Subject Matter; Publication; Copyright Formalities; Joint Works and Works Made for Hire; Rights of Copyright Owners; Copyright Infringement; Fair Use; Misappropriation Doctrine; Right of Publicity; Preemption of State Law; Types of Patents; Patent-Eligible Subject Matter; Novelty; Statutory Bar; Non-Obviousness; Utility; Patent Application Procedure; Patent Infringement; Trade Secret Law; State False Advertising and Disparagement Law; Lanham Act Claims for False Advertising and Disparagement; F.T.C. Unfairness Doctrine; F.T.C. Deception Doctrine; Advertising Substantiation; F.T.C. Remedies; F.T.C. Rule-making; Consumer Remedies; Price Discrimination Under the Robinson-Patman Act; Harm to Primary-Line Competition; Harm to Secondary-Line Competition; Cost Justification and Meeting Competition Defenses; Advertising Allowances; Buyer Liability for Price Discrimination.
Book Synopsis The Law of Unfair Business Competition by : Harry Dwight Nims
Download or read book The Law of Unfair Business Competition written by Harry Dwight Nims and published by New York : Baker, Voorhis. This book was released on 1909 with total page 656 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Law Against Unfair Competition by : Reto Hilty
Download or read book Law Against Unfair Competition written by Reto Hilty and published by Springer Science & Business Media. This book was released on 2007-07-28 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the present state of harmonization of unfair competition law in Europe. It discusses the particular approach to unfair competition law in the 10 new Member States and the possible impact on the future development of European unfair competition law. The book presents new insight in the importance of unfair competition law, especially in countries with a developing market economy.
Book Synopsis The Law of Passing-off by : Christopher Wadlow
Download or read book The Law of Passing-off written by Christopher Wadlow and published by . This book was released on 1991 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: Passing-off defends business goodwill against misrepresentation. In recent years passing-off has had a flood of new questions to answer: how does one deal with the plaintiff whose business is carried on abroad, or has been advertised but not yet started? Does it matter that the plaintiff is engaged in licensing, franchising, or character merchandising? When is the defendant liable for exports or for unauthorised imports? What importance does the "common field of activity" still have? How does one approach the newly recognised categories of misrepresentation such as "inverse" passing-off or the misuse of descriptive or generic terms? These problems and others are analysed from first principles and explained through the latest decided cases. A comprehensive selection of Commonwealth authorities is included, many of them hitherto unfamiliar outside their country of origin, helping to resolve points which are still undecided in the English courts. "The Law of Passing-Off" also deals systematically and comprehensively with the more traditional issues which can make the subject a more complex one than is often realised. The text is illustrated with numerous quotations and examples from the nineteenth century to the present day. The impact of EEC law is fully dealt with, and prominence is given to the important subject of interlocutory remedies.
Book Synopsis The Law of Passing-off by : Christopher Wadlow
Download or read book The Law of Passing-off written by Christopher Wadlow and published by . This book was released on 2004-01 with total page 875 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In this third edition, "The Law of Passing-off" gains a new subtitle and two major extensions to its coverage. Though the term 'passing-off' is familiar enough, it is something of a misnomer. It understates the full extent and importance of the tort, and baffles all but specialists. In the Civil law, 'unfair competition' has long been recognised as a subject of major importance in its own right, and even in England the phrase is increasingly accepted either as a synonym for passing-off, or as an all-embracing term for that and related causes of action, of which the natural counterpart to passing-off is injurious falsehood. This edition is therefore better described as the "Law of Unfair Competition by Misrepresentation." The present edition includes for the first time a chapter on the international law of unfair competition under the Paris Convention for the Protection of Industrial Property, with a detailed account of the drafting and negotiating history of Article 10bis of the latter. As related but logically separated developments, there are new sections on the possible impact of the European Convention on Human Rights, the WTO TRIPs Agreement, and on unfair competition in private international law. Although the Paris Convention does not directly affect day-to-day practice it does provide the only international consensus against which national laws of unfair competition may be compared, and any future efforts at harmonisation by the European Community can hardly fail to take it as their starting point...The present edition is to some extent pre-emptive of what can be expected to come." -- p. v.
Book Synopsis The Law of Unfair Competition and Trade-marks by : Harry Dwight Nims
Download or read book The Law of Unfair Competition and Trade-marks written by Harry Dwight Nims and published by . This book was released on 1947 with total page 884 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Law of Unfair Competition and Trade-marks by : Rudolf Callmann
Download or read book The Law of Unfair Competition and Trade-marks written by Rudolf Callmann and published by . This book was released on 1950 with total page 780 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Law Of Passing-Off Unfair Competition By Misrepresentation With 1st Supplement. by : Christopher Wadlow
Download or read book The Law Of Passing-Off Unfair Competition By Misrepresentation With 1st Supplement. written by Christopher Wadlow and published by . This book was released on 2005-11-23 with total page 935 pages. Available in PDF, EPUB and Kindle. Book excerpt: Changes to this edition of 'The Law of Passing-off' include the extension of coverage of injurious falsehood, as well as of aspects of international law relevant to unfair competition.
Book Synopsis Goodwill Appropriation as a Distinct Theory of Trademark Liability by : Apostolos Chronopoulos
Download or read book Goodwill Appropriation as a Distinct Theory of Trademark Liability written by Apostolos Chronopoulos and published by . This book was released on 2014 with total page 57 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contemporary analysis of trademark rights rests on the premise that consumer confusion constitutes the primary, if not the sole, rational basis of protection. Dilution theory has gradually come to be considered an almost undesired exception to the general rule of confusion-based liability and has continuously been shrinking in scope of application. Furthermore, trademark law does not provide for protection against the appropriation of the advertising value attached to trademarks by third parties.Courts and commentators have overemphasized the concerns about overbroad trademark monopolies, criticized the consumption of branded products from an ethical point of view and likened persuasive advertising to a method of wasteful competition.However, economics and marketing tell a different story. Rather than constituting an insurmountable persuasive force the advertising value attached to a trademark constitutes an economic good that is actually demanded by consumers as a complement to some basic product. Competition with branded products increases consumer welfare given that consumers are better off when they have a variety of differentiated products to choose from. Accordingly, the paper constructs a model of trademark protection that rests upon economic models of monopolistic competition.On the other hand, marketing theories on brand extensions illustrate the logic behind claims against non-competing junior uses in connection with unrelated products. The reputation of a senior mark may well confer a competitive advantage upon its user in markets with low levels of differentiation. Conversely, a well-known trademark may serve as a vehicle for penetrating markets where competition with differentiated products is fierce. Strategies of umbrella marketing tend to increase incentives to maintain good quality and promote more dynamic forms of competition such as product line rivalry.Due to their origins in the law of passing-off trademark rights have been long considered as being primarily directed at protecting the consuming public from confusion. But this approach lost sight of the actual way that trademarks are being used in the marketplace and affect competition. In any event, extended trademark protection beyond the paradigm of consumer confusion and dilutive harm would enhance consumer welfare by promoting more dynamic forms of competition with differentiated products.
Book Synopsis Goodwill in Passing Off by : Ng, Catherine
Download or read book Goodwill in Passing Off written by Ng, Catherine and published by Edward Elgar Publishing. This book was released on 2021-07-31 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law of passing off protects traders from a form of misrepresentation that harms their goodwill, and consumers from the market distortion that may result. This carefully-crafted work seeks to delineate two intertwined aspects of goodwill: substantive and structural goodwill. It argues that the law of passing off should focus on protecting structural goodwill, and that this in turn allows traders’ authentic voices to help shape the substantive goodwill to attract custom for them in the marketplace.
