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Protection Of Nontraditional Marks
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Book Synopsis The Protection of Non-Traditional Trademarks by : Irene Calboli
Download or read book The Protection of Non-Traditional Trademarks written by Irene Calboli and published by Oxford University Press. This book was released on 2019-01-11 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Protection of Non-Traditional Trademarks by : Irene Calboli
Download or read book The Protection of Non-Traditional Trademarks written by Irene Calboli and published by Oxford University Press. This book was released on 2018-12-19 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Protection of Non-traditional Trademarks by : Irene Calboli
Download or read book The Protection of Non-traditional Trademarks written by Irene Calboli and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 text provides an overview of the debate and state of the law surrounding non-traditional marks at the international, regional, and national level.
Book Synopsis Protection of Nontraditional Marks by : Thomas P. Arden
Download or read book Protection of Nontraditional Marks written by Thomas P. Arden and published by . This book was released on 2000 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Trademark Law and Theory by : Graeme B. Dinwoodie
Download or read book Trademark Law and Theory written by Graeme B. Dinwoodie and published by Edward Elgar Publishing. This book was released on 2008 with total page 555 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Book Synopsis Joint Recommendation Concerning Provisions on the Protection of Well-Known Marks by : World Intellectual Property Organization
Download or read book Joint Recommendation Concerning Provisions on the Protection of Well-Known Marks written by World Intellectual Property Organization and published by WIPO. This book was released on 2000 with total page 34 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Recommendation is the first implementation of WIPO's policy to adapt to the pace of change in the field of industrial property by considering new options for accelerating the development of international harmonized common principles. It provides a set of guidelines for the protection of well-known marks that are recommended to States.
Book Synopsis Guide to the International Registration of Marks under the Madrid Agreement and the Madrid Protocol by : World Intellectual Property Organization
Download or read book Guide to the International Registration of Marks under the Madrid Agreement and the Madrid Protocol written by World Intellectual Property Organization and published by WIPO. This book was released on 2019-09-11 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Guide is primarily intended for applicants and holders of international registrations of marks, as well as officials of the competent administrations of the Member States of the Madrid Union. It leads them through the various steps of the international registration procedure and explains the essential provisions of the Madrid Agreement, the Madrid Protocol and the Common Regulations.
Download or read book Trade Mark Law written by Jeremy Phillips and published by OUP Oxford. This book was released on 2003-12-11 with total page 832 pages. Available in PDF, EPUB and Kindle. Book excerpt: This practical, thorough, and detailed account of the key issues facing trade mark use is written by one of the leading authorities on the subject. Drawing on British, European, and US law, plus other sources, the author considers both the problems that trade mark law causes in business and commerce and how to solve them. Written in a fluent and approachable style, the work contains useful flow charts, examples, and vignettes to capture the essence of trade mark law as it operates in practice.
Download or read book Basic Facts about Trademarks written by and published by . This book was released on 1988-08 with total page 14 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Analysis of Non-traditional Trademarks in North American Countries by : Guillermo Bosch Canto
Download or read book Analysis of Non-traditional Trademarks in North American Countries written by Guillermo Bosch Canto and published by . This book was released on 2007 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of this thesis is to study the Intellectual Property rights, in particular with trademark protection applied to non-traditional marks. Is the traditional theory of trademarks really protecting all the signs that can be used to distinguish wares and services? Is the reality of commerce compatible with the legal theory of the so called traditional trademarks? There are other marks different to those commonly recognized by law, that are capable to be used as trademarks but they are not recognized and therefore they have no legal protection under the scope of Intellectual Property Rights. The purpose of this thesis is to put forward some reflections on the present state of the existence of these "non-traditional trademarks" and the legal effects that they produce in Mexico, Canada and the United States of America.
Book Synopsis The Most Important Thing by : Howard Marks
Download or read book The Most Important Thing written by Howard Marks and published by Columbia University Press. This book was released on 2011-05-01 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This is that rarity, a useful book."--Warren Buffett Howard Marks, the chairman and cofounder of Oaktree Capital Management, is renowned for his insightful assessments of market opportunity and risk. After four decades spent ascending to the top of the investment management profession, he is today sought out by the world's leading value investors, and his client memos brim with insightful commentary and a time-tested, fundamental philosophy. Now for the first time, all readers can benefit from Marks's wisdom, concentrated into a single volume that speaks to both the amateur and seasoned investor. Informed by a lifetime of experience and study, The Most Important Thing explains the keys to successful investment and the pitfalls that can destroy capital or ruin a career. Utilizing passages from his memos to illustrate his ideas, Marks teaches by example, detailing the development of an investment philosophy that fully acknowledges the complexities of investing and the perils of the financial world. Brilliantly applying insight to today's volatile markets, Marks offers a volume that is part memoir, part creed, with a number of broad takeaways. Marks expounds on such concepts as "second-level thinking," the price/value relationship, patient opportunism, and defensive investing. Frankly and honestly assessing his own decisions--and occasional missteps--he provides valuable lessons for critical thinking, risk assessment, and investment strategy. Encouraging investors to be "contrarian," Marks wisely judges market cycles and achieves returns through aggressive yet measured action. Which element is the most essential? Successful investing requires thoughtful attention to many separate aspects, and each of Marks's subjects proves to be the most important thing.
Book Synopsis Trademark Protection and Territoriality Challenges in a Global Economy by : Irene Calboli
Download or read book Trademark Protection and Territoriality Challenges in a Global Economy written by Irene Calboli and published by Edward Elgar Publishing. This book was released on 2014-01-31 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contributors explore how the rise of international trade and globalization has changed the way trademark law functions in a number of important areas, including protection of well-known marks, parallel imports, enforcement of trademark rights again
Book Synopsis Intellectual Property Basics: A Q&A for Students by : World Intellectual Property Organization
Download or read book Intellectual Property Basics: A Q&A for Students written by World Intellectual Property Organization and published by WIPO. This book was released on 2019-04-26 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt: Compiled by the China National Intellectual Property Administration (CNIPA) with the support of the WIPO China Funds-in-Trust, this book gives students a basic yet comprehensive understanding of IP. Using a question-and-answer format, it covers the general rules of the IP system as well as the essentials of patents, copyright, trademarks and other forms of IP, such as industrial designs, geographical indications and traditional knowledge.
Book Synopsis Trade Marks at the Limit by : Jeremy Phillips
Download or read book Trade Marks at the Limit written by Jeremy Phillips and published by Edward Elgar Publishing. This book was released on 2006-01-01 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: . . . 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.
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.
Book Synopsis Genuine Use of Trademarks by : Eléonore Gaspar
Download or read book Genuine Use of Trademarks written by Eléonore Gaspar and published by Kluwer Law International B.V.. This book was released on 2021-08-18 with total page 567 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the issue of trademark use that may be required for the protection and/or maintenance of trademark rights. Since the first edition of this book in 2018, there have been significant modifications in some countries, particularly, following the implementation of EU Directive 2015/2436 in the EU countries. Laws around the world do not attach the same consequence to the lack of use of a trademark, and courts do not always assess in the same way whether a trademark is genuinely used. This is a fundamental issue for trademark owners since, depending on the jurisdiction, lack of genuine use can lead to the refusal of trademark registration, the revocation of trademark rights, or prevent the owner of a non-used trademark from initiating an action based on its trademark. 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 its 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; consequences of lack of use depending on the context, including possible revocation of trademark rights; and 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.
Book Synopsis The Subtle Art of Not Giving a F*ck by : Mark Manson
Download or read book The Subtle Art of Not Giving a F*ck written by Mark Manson and published by HarperCollins. This book was released on 2016-09-13 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt: #1 New York Times Bestseller Over 10 million copies sold In this generation-defining self-help guide, a superstar blogger cuts through the crap to show us how to stop trying to be "positive" all the time so that we can truly become better, happier people. For decades, we’ve been told that positive thinking is the key to a happy, rich life. "F**k positivity," Mark Manson says. "Let’s be honest, shit is f**ked and we have to live with it." In his wildly popular Internet blog, Manson doesn’t sugarcoat or equivocate. He tells it like it is—a dose of raw, refreshing, honest truth that is sorely lacking today. The Subtle Art of Not Giving a F**k is his antidote to the coddling, let’s-all-feel-good mindset that has infected American society and spoiled a generation, rewarding them with gold medals just for showing up. Manson makes the argument, backed both by academic research and well-timed poop jokes, that improving our lives hinges not on our ability to turn lemons into lemonade, but on learning to stomach lemons better. Human beings are flawed and limited—"not everybody can be extraordinary, there are winners and losers in society, and some of it is not fair or your fault." Manson advises us to get to know our limitations and accept them. Once we embrace our fears, faults, and uncertainties, once we stop running and avoiding and start confronting painful truths, we can begin to find the courage, perseverance, honesty, responsibility, curiosity, and forgiveness we seek. There are only so many things we can give a f**k about so we need to figure out which ones really matter, Manson makes clear. While money is nice, caring about what you do with your life is better, because true wealth is about experience. A much-needed grab-you-by-the-shoulders-and-look-you-in-the-eye moment of real-talk, filled with entertaining stories and profane, ruthless humor, The Subtle Art of Not Giving a F**k is a refreshing slap for a generation to help them lead contented, grounded lives.
