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

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Author :
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.

Basic Facts about Trademarks

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Author :
Publisher :
ISBN 13 :
Total Pages : 16 pages
Book Rating : 4.:/5 (319 download)

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Book Synopsis Basic Facts about Trademarks by :

Download or read book Basic Facts about Trademarks written by and published by . This book was released on 1988-08 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Primer on International Copyright and Related Rights

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1783470976
Total Pages : 279 pages
Book Rating : 4.7/5 (834 download)

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Book Synopsis Primer on International Copyright and Related Rights by : Jørgen Blomqvist

Download or read book Primer on International Copyright and Related Rights written by Jørgen Blomqvist and published by Edward Elgar Publishing. This book was released on 2014-05-30 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Primer offers a concise yet wide-ranging introduction to the international norms on copyright and related rights. Expertly written, it describes and analyzes the relevant conventions, treaties and agreements, from the 1886 Berne Convention through to the 2013 Marrakesh VIP Treaty.

Protecting Your Company's Intellectual Property

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Publisher : Amacom Books
ISBN 13 : 9780814406014
Total Pages : 280 pages
Book Rating : 4.4/5 (6 download)

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Book Synopsis Protecting Your Company's Intellectual Property by : Deborah E. Bouchoux

Download or read book Protecting Your Company's Intellectual Property written by Deborah E. Bouchoux and published by Amacom Books. This book was released on 2001 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: This guide shows how to identify a company's protectable assets, initiate steps to protect those assets, and use them to generate additional income. Specific chapters cover selection, application, maintenance, and infringement for trademarks, copyright, and patents. Other topics include trade secrets, unfair competition, employee work products, internal processes, and the Internet. The book also contains model forms and documents, including trademark license agreements, application forms for trademarks, copyrights, and patents, sample noncomplete clauses, and intellectual asset audit forms. Bouchoux is an attorney specializing in intellectual property law. c. Book News Inc.

Trade Marks and Brands

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Author :
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.

Trademarks and Social Media

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Publisher : Edward Elgar Publishing
ISBN 13 : 178347954X
Total Pages : 399 pages
Book Rating : 4.7/5 (834 download)

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Book Synopsis Trademarks and Social Media by : Danny Friedmann

Download or read book Trademarks and Social Media written by Danny Friedmann and published by Edward Elgar Publishing. This book was released on 2015-09-25 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal conflicts between trademark holders, social media providers and internet users have become manifest in light of wide scale, unauthorised use of the trademark logo on social media in recent decades. Arguing for the protection of the trademark logo against unauthorised use in a commercial environment, this book explores why protection enforcement should be made automatic. A number of issues are discussed including the scalability of litigation on a case-by-case basis, and whether safe harbour provisions for online service providers should be substituted for strict liability.

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:

Joint Recommendation Concerning Provisions on the Protection of Well-Known Marks

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Author :
Publisher : WIPO
ISBN 13 : 9789280508581
Total Pages : 34 pages
Book Rating : 4.5/5 (85 download)

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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.

Introduction to Intellectual Property

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Author :
Publisher :
ISBN 13 : 9781951693350
Total Pages : 0 pages
Book Rating : 4.6/5 (933 download)

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Book Synopsis Introduction to Intellectual Property by : Kerry Bundy

Download or read book Introduction to Intellectual Property written by Kerry Bundy and published by . This book was released on 2021-02-24 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction to Intellectual Property provides a clear, effective introduction to patents, copyright, trademarks, and trade secrets. The text may be used by students and instructors in formal courses, as well as those applying intellectual property considerations to entrepreneurship, marketing, law, computer science, engineering, design, or other fields. The luminaries involved with this project represent the forefront of knowledge and experience, and the material offers considerable examples and scenarios, as well as exercises and references.

Patents, Copyrights and Trademarks For Dummies

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Author :
Publisher : John Wiley & Sons
ISBN 13 : 0470507705
Total Pages : 387 pages
Book Rating : 4.4/5 (75 download)

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Book Synopsis Patents, Copyrights and Trademarks For Dummies by : Henri J. A. Charmasson

Download or read book Patents, Copyrights and Trademarks For Dummies written by Henri J. A. Charmasson and published by John Wiley & Sons. This book was released on 2009-03-03 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: Useful tips and step-by-step guidance from filing to issue to license Acquire and protect your share of this major business asset Want to secure and exploit the intellectual property rights due you or your company? This easy-to-follow guide shows you how — helping you to evaluate your idea's commercial potential, conduct patent and trademark searches, document the invention process, license your IP rights, and comply with international laws. Plus, you get detailed examples of each patent application type! Discover how to: Avoid application blunders Register trademarks and copyrights Meet patent requirements Navigate complex legal issues Protect your rights abroad The entire body of U.S. patent laws Example office actions and amendments Sample forms Trademark registration certificates Application worksheets See the CD appendix for details and complete system requirements. Note: CD-ROM/DVD and other supplementary materials are not included as part of eBook file.

What is a Trademark?

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Publisher :
ISBN 13 :
Total Pages : 28 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis What is a Trademark? by :

Download or read book What is a Trademark? written by and published by . This book was released on 1995 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Trade Marks and Free Trade

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Author :
Publisher : Springer
ISBN 13 : 3319047957
Total Pages : 528 pages
Book Rating : 4.3/5 (19 download)

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Book Synopsis Trade Marks and Free Trade by : Lazaros G. Grigoriadis

Download or read book Trade Marks and Free Trade written by Lazaros G. Grigoriadis and published by Springer. This book was released on 2014-05-06 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first study to examine the issue of the legality of parallel imports of trademarked goods under the most important legal systems on an international level, namely under GATT/WTO law, EU law and the laws of the ten major trading partners of the European Union. Part I consists of a general approach to the phenomenon of parallel importation and of a presentation of the theories that have been suggested to resolve the above-mentioned issue. The rule of exhaustion of rights, of which there are three types (rule of national, regional and international exhaustion of rights), is proposed as the most effective instrument to deal with the issue in question. Part II examines the question of exhaustion of trademark rights in light of the provisions of GATT/WTO Law. Part III analyzes the elements of the EU provisions on exhaustion of trademark rights (Articles 7 of Directive 2008/95/EC and 13 of Regulation (EC) 207/2009) and some specific issues relating to the application of these provisions. Part IV presents the regimes of exhaustion of trademark rights recognized in the European Union’s current ten most significant trading partners. The book is the first legal study to welcome, in light of economic analysis, the approach adopted by GATT/WTO law and EU law to the question of the geographical scope of the exhaustion of the trademark rights rule. It includes all the case law developed on an international level on the issue of the legality of parallel imports of trademarked goods and a comprehensive overview of the scientific literature concerning the phenomenon of parallel imports in general and the legality of parallel imports of trademarked goods. All the views expressed in the book are based on the European Court of Justice’s most recent case law and that of the courts of the most important trading partners of the European Union.

Making a Mark: An Introduction to Trademarks for Small and Medium-Sized Enterprises

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Author :
Publisher : WIPO
ISBN 13 : 9280511521
Total Pages : 36 pages
Book Rating : 4.2/5 (85 download)

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Book Synopsis Making a Mark: An Introduction to Trademarks for Small and Medium-Sized Enterprises by : World Intellectual Property Organization

Download or read book Making a Mark: An Introduction to Trademarks for Small and Medium-Sized Enterprises written by World Intellectual Property Organization and published by WIPO. This book was released on 2004-10-12 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt: This guide is the first in a series of guides on “Intellectual Property for Business.” It is devoted to trademarks, a central element in the marketing and branding strategy of any company. It seeks to explain trademarks from a business perspective.

The Copyright Permission and Libel Handbook

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Publisher : Wiley
ISBN 13 : 9780471146544
Total Pages : 228 pages
Book Rating : 4.1/5 (465 download)

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Book Synopsis The Copyright Permission and Libel Handbook by : Lloyd J. Jassin

Download or read book The Copyright Permission and Libel Handbook written by Lloyd J. Jassin and published by Wiley. This book was released on 1998-02-04 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A thoughtful, comprehensive, and invaluable guide for writers."--Bernard Lefkowitz, Professor, Columbia University Graduate School of Journalism "Easy to read and understand . . . should be on every publisher's reference shelf."--Jan Nathan, Executive Director, Publishers Marketing Association For anyone who has ever faced the confusing web of copyright and libel laws, this practical, problem-solving guide is a godsend. In clear, jargon-free language, legal experts provide the information and techniques you need to prepare a manuscript or multimedia work for publication. You'll learn how to: * Clear rights for all types of copyrighted materials, including quotations, photographs, fine art, motion picture stills, song lyrics, and more * Protect yourself against libel suits * Determine if a work is in the public domain * Assess if quoting without permission qualifies as fair use * Locate rights holders * Negotiate clearances Includes library of sample forms: * permission letter * interview release * model release * work-made-for-hire agreement * copyright assignment * photograph license

Improving the Efficiency of Arbitration Agreements and Awards:40 Years of Application of the New York Convention

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Author :
Publisher : Springer
ISBN 13 :
Total Pages : 764 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Improving the Efficiency of Arbitration Agreements and Awards:40 Years of Application of the New York Convention by : A. J. van den Berg

Download or read book Improving the Efficiency of Arbitration Agreements and Awards:40 Years of Application of the New York Convention written by A. J. van den Berg and published by Springer. This book was released on 1999-10-14 with total page 764 pages. Available in PDF, EPUB and Kindle. Book excerpt: Preface --Opening Address --Welcoming Addresses --Keynote Addresses --Introduction --Arbitration Clauses: Achieving Effectiveness --Arbitration Procedure: Achieving Efficiency without Sacrificing Due Process --Arbitration Awards: Solving Problems of Enforcement --Plenary Session --Annex Convention on the Recognition and Enforcement of Foreign Arbitral Awards, New York, 10 June 1958 (not available on KluwerArbitration.com) --List of Oral Interventions --Tables.

Drawdown

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Author :
Publisher : Penguin
ISBN 13 : 1524704652
Total Pages : 258 pages
Book Rating : 4.5/5 (247 download)

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Book Synopsis Drawdown by : Paul Hawken

Download or read book Drawdown written by Paul Hawken and published by Penguin. This book was released on 2017-04-18 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: • New York Times bestseller • The 100 most substantive solutions to reverse global warming, based on meticulous research by leading scientists and policymakers around the world “At this point in time, the Drawdown book is exactly what is needed; a credible, conservative solution-by-solution narrative that we can do it. Reading it is an effective inoculation against the widespread perception of doom that humanity cannot and will not solve the climate crisis. Reported by-effects include increased determination and a sense of grounded hope.” —Per Espen Stoknes, Author, What We Think About When We Try Not To Think About Global Warming “There’s been no real way for ordinary people to get an understanding of what they can do and what impact it can have. There remains no single, comprehensive, reliable compendium of carbon-reduction solutions across sectors. At least until now. . . . The public is hungry for this kind of practical wisdom.” —David Roberts, Vox “This is the ideal environmental sciences textbook—only it is too interesting and inspiring to be called a textbook.” —Peter Kareiva, Director of the Institute of the Environment and Sustainability, UCLA In the face of widespread fear and apathy, an international coalition of researchers, professionals, and scientists have come together to offer a set of realistic and bold solutions to climate change. One hundred techniques and practices are described here—some are well known; some you may have never heard of. They range from clean energy to educating girls in lower-income countries to land use practices that pull carbon out of the air. The solutions exist, are economically viable, and communities throughout the world are currently enacting them with skill and determination. If deployed collectively on a global scale over the next thirty years, they represent a credible path forward, not just to slow the earth’s warming but to reach drawdown, that point in time when greenhouse gases in the atmosphere peak and begin to decline. These measures promise cascading benefits to human health, security, prosperity, and well-being—giving us every reason to see this planetary crisis as an opportunity to create a just and livable world.

The Cambridge Handbook of International and Comparative Trademark Law

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Author :
Publisher : Cambridge University Press
ISBN 13 : 9781009293136
Total Pages : 0 pages
Book Rating : 4.2/5 (931 download)

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Book Synopsis The Cambridge Handbook of International and Comparative Trademark Law by : Irene Calboli

Download or read book The Cambridge Handbook of International and Comparative Trademark Law written by Irene Calboli and published by Cambridge University Press. This book was released on 2023-03-30 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Trade in goods and services has historically resisted territorial confinement, but trademark protection remains territorial, albeit within an increasingly important framework of multilateral treaties. Trademark law therefore demands that practitioners, policy-makers and academics understand principles of international and comparative law. This handbook assists in that endeavour, with chapters describing and critically analyzing international and regional frameworks, and providing comparative perspectives on the substantive issues in trademark law and related fields, such as geographic indications, advertising law, and domain names. Chapters contrast common law and civil law approaches while focusing on the US and EU trademark systems in light of the role these systems have played in the development of trademark laws. Additionally, this handbook covers other jurisdictions, both common law and civil law, on the Asia-Pacific, African, and South American continents. This work should be read by anyone seeking a better understanding of trademark law around the world.