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Author :
Publisher :
ISBN 13 :
Total Pages : 92 pages
Book Rating : 4.:/5 (89 download)
Download or read book U.S. Trademark Law written by and published by . This book was released on 1998-12 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Graeme B. Dinwoodie
Publisher : Edward Elgar Publishing
ISBN 13 : 1848441312
Total Pages : 555 pages
Book Rating : 4.8/5 (484 download)
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
Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, the Internet, and Intellectual Property
Publisher :
ISBN 13 :
Total Pages : 72 pages
Book Rating : 4.:/5 (327 download)
Download or read book Trademark Dilution Revision Act of 2005 written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, the Internet, and Intellectual Property and published by . This book was released on 2005 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Patents, Copyrights, and Trademarks
Publisher :
ISBN 13 :
Total Pages : 96 pages
Book Rating : 4.3/5 (121 download)
Download or read book Oversight of the Patent and Trademark Office written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Patents, Copyrights, and Trademarks and published by . This book was released on 1995 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt: Distributed to ome depository libraries in microfiche.
Author : Ilanah Simon Fhima
Publisher : Oxford University Press, USA
ISBN 13 : 0199563209
Total Pages : 288 pages
Book Rating : 4.1/5 (995 download)
Download or read book Trade Mark Dilution in Europe and the United States written by Ilanah Simon Fhima and published by Oxford University Press, USA. This book was released on 2011-11-03 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: The only comparison of EU and US protection against trade mark dilution, this book provides a complete overview of the dilution action, enabling practitioners to better protect trade marks against dilution or to combat dilution claims. Through clear and practical tests for the different types of dilution, this book demonstrates how to prove that a mark is famous, how to prove blurring, tarnishment and unfair advantage and how to prove lack of due cause. It gives clear guidance on the meaning of association and the role of similarity of goods, as well as the US dilution defences, the level of proof required and the 'actual versus likely' dilution question. By examining the justifications offered for dilution, the book places the dilution action in the wider context of the trade mark system, allowing readers to understand the issues behind the law and to consider whether the law appropriately meets these justifications. It considers the fundamental questions raised about trade marks, including whether the main aim of trade marks is to protect the public from being confused, or the investment of trade mark owners in building up their reputations. The book also considers how well the EU and the US take these questions into account in balancing the interests of trade mark owners, their competitors and the public through the dilution action. Dilution is at the cutting edge of trade mark law, extending its protection beyond traditional boundaries to situations where defendants using trade marks are not causing confusion. This book provides practitioners with all the information they need both to protect trade marks against dilution and to prevent them being the subject of dilution claims.
Author : Daniel R. Bereskin
Publisher : Edward Elgar Publishing
ISBN 13 : 1035312409
Total Pages : 607 pages
Book Rating : 4.0/5 (353 download)
Download or read book Trademark Dilution and Free Riding written by Daniel R. Bereskin and published by Edward Elgar Publishing. This book was released on 2023-12-11 with total page 607 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by a team of international experts, marshalled by one of the world’s foremost trademark lawyers, Trademark Dilution and Free Riding is the leading comparative work on trademark dilution. This book is a must-have resource for trademark professionals worldwide, and will also stand as a valuable reference point for intellectual property scholars.
Author : Danny Friedmann
Publisher : Edward Elgar Publishing
ISBN 13 : 178347954X
Total Pages : 399 pages
Book Rating : 4.7/5 (834 download)
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.
Author : Peter K. Yu
Publisher : Bloomsbury Publishing USA
ISBN 13 : 0313056102
Total Pages : 1978 pages
Book Rating : 4.3/5 (13 download)
Download or read book Intellectual Property and Information Wealth written by Peter K. Yu and published by Bloomsbury Publishing USA. This book was released on 2006-12-30 with total page 1978 pages. Available in PDF, EPUB and Kindle. Book excerpt: Until recently, issues of intellectual property were relegated to the experts—attorneys, legal scholars, rightsholders, and technology developers who wrangled over interpretations and enforcement of copyright, patent, and trademark protections. But in today's knowledge-based economy, intellectual property protection has taken on fundamentally new proportions, as a subject of urgency for businesses (whose survival depends on protection of their intangible assets) and as a subject of cultural importance that grabs front-page headlines (as the controversy over Napster and high-profile revelations of plagiarism, for example, have illustrated). This landmark set of essays brings new clarity to the issues, as societies around the world grapple with the intricacies and complexities of intellectual property, and its impact on business, law, policy, and culture. Featuring insights from leading scholars and practitioners, Intellectual Property and Information Wealth provides rigorous analysis, historical context, and emerging practical applications from the public, private, and non-profit sectors. Volume 1 focuses on protections to novels, films, sound recordings, computer programs, and other creative products, and covers such issues as authorship, duration of copyright, fair use of copyrighted materials, and the implications of the Internet and peer-to-peer file sharing. Volume 2 explains the fundamental protections to inventors of devices, mechanical processes, chemical compounds, and other inventions, and examines such issues as the scope and limits of patent protection, research exemptions and infringement, IP in the software and biotech industries, and trade secrets. Volume 3 looks at the protections to distinctive symbols and signs, including brand names and unique product designs, and features chapters on consumer protection, trademark and the first amendment, brand licensing, publicity and cultural images, and domain names. Volume 4 takes the discussion to the global level, addressing a wide range of issues, including not only enforcement of IP protections across borders, but also their implications for international trade and investment, economic development, human rights, and public health.
Author : Hiroko Onishi
Publisher : Routledge
ISBN 13 : 1136027920
Total Pages : 195 pages
Book Rating : 4.1/5 (36 download)
Download or read book Well-Known Trade Marks written by Hiroko Onishi and published by Routledge. This book was released on 2015-06-26 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers the effectiveness of well-known trade mark protection at an international level. It particularly considers EU trade mark law from Japanese perspectives, and provides a practical and critical overview of trade mark law in Japan, including the historical development of the law and the recent development on cases and policy. The book includes detailed coverage of the Japanese Unfair Competition Prevention Act, and contains the first systematic analysis of Japanese jurisprudence and legislative amendments of law in relation to well-known trade marks and unfair competition. The book goes on to comparatively analyse Japanese trade mark law alongside that of the European Community Trade Mark system. The book critically considers the difficulties in comprehensively defining a ‘well-known trade mark’ in the relevant international trade mark instruments. In breaking down the traditional definition of the ‘well-known trade mark’, the book works to address existing theoretical ambiguities in the application of trade mark law.
Author : Dev S. Gangjee
Publisher : Edward Elgar Publishing
ISBN 13 : 1784719471
Total Pages : 596 pages
Book Rating : 4.7/5 (847 download)
Download or read book Research Handbook on Intellectual Property and Geographical Indications written by Dev S. Gangjee and published by Edward Elgar Publishing. This book was released on 2016-02-26 with total page 596 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an increasingly globalised world, place and provenance matter like never before. The law relating to Geographical Indications (GIs) regulates designations which signal this provenance. While Champagne, Prosciutto di Parma, Café de Colombia and Darjeeling are familiar designations, the relevant legal regimes have existed at the margins for over a century. In recent years, a critical mass of scholarship has emerged and this book celebrates its coming of age. Its objective is to facilitate an interdisciplinary conversation, by providing sure-footed guidance across contested terrain as well as enabling future avenues of enquiry to emerge. The distinctive feature of this volume is that it reflects a multi-disciplinary conversation between legal scholars, policy makers, legal practitioners, historians, geographers, sociologists, economists and anthropologists. Experienced contributors from across these domains have thematically explored: (1) the history and conceptual underpinnings of the GI as a legal category; (2) the effectiveness of international protection regimes; (3) the practical operation of domestic protection systems; and (4) long-unresolved as well as emerging critical issues. Specific topics include a detailed interrogation of the history and functions of terroir; the present state as well as future potential of international GI protection, including the Lisbon Agreement, 2015; conflicts between trade marks and GIs; the potential for GIs to contribute to rural or territorial development as well as sustain traditional or Indigenous knowledge; and the vexed question of generic use. This book is therefore intended for all those with an interest in GIs across a range of disciplinary backgrounds. Students, scholars, policy makers and practitioners will find this Handbook to be an invaluable resource.
Author : Leroy Robinson, Jr.
Publisher : Springer
ISBN 13 : 331910912X
Total Pages : 882 pages
Book Rating : 4.3/5 (191 download)
Download or read book Marketing Dynamism & Sustainability: Things Change, Things Stay the Same... written by Leroy Robinson, Jr. and published by Springer. This book was released on 2014-11-05 with total page 882 pages. Available in PDF, EPUB and Kindle. Book excerpt: Founded in 1971, the Academy of Marketing Science is an international organization dedicated to promoting timely explorations of phenomena related to the science of marketing in theory, research, and practice. Among its services to members and the community at large, the Academy offers conferences, congresses and symposia that attract delegates from around the world. Presentations from these events are published in this Proceedings series, which offers a comprehensive archive of volumes reflecting the evolution of the field. Volumes deliver cutting-edge research and insights, complimenting the Academy’s flagship journals, the Journal of the Academy of Marketing Science (JAMS) and AMS Review. Volumes are edited by leading scholars and practitioners across a wide range of subject areas in marketing science. This volume includes the full proceedings from the 2012 Academy of Marketing Science (AMS) Annual Conference held in New Orleans, Louisiana, entitled Marketing Dynamism & Sustainability: Things Change, Things Stay the Same.
Author : Haochen Sun
Publisher : Oxford University Press
ISBN 13 : 0199335710
Total Pages : 369 pages
Book Rating : 4.1/5 (993 download)
Download or read book The Luxury Economy and Intellectual Property written by Haochen Sun and published by Oxford University Press. This book was released on 2015-08-26 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intellectual property law plays a pivotal role in ensuring that luxury goods companies can recoup their investments in the creation and dissemination of their copyrighted works, trademarked logos, and patented designs. In 2011, global sales for luxury goods reached about $250 billion, and consumers in East and Southeast Asia accounted for more than 50 percent of that figure. The rapid expansion of the market has prompted some retailers to wield intellectual property against the influx of imitators and counterfeiters. The Luxury Economy and Intellectual Property comprehensively explores the rise of the luxury goods economy and the growing role of intellectual property in creating, sustaining, and regulating this economy. Leading scholars across various disciplines critically consider the industry, its foundational intellectual property laws, and the public interest and social concerns arising from the intersection of economics and law. Topics covered include defining the concept of luxury, the social life of luxury goods, concerns about distributive justice in a world flooded by luxury goods and knockoffs, the globalization of luxury goods, and the economic, social, and political ramifications of the meteoric rise of the Asian luxury goods market.
Author : Kung-Chung Liu
Publisher : Taylor & Francis
ISBN 13 : 1000601293
Total Pages : 208 pages
Book Rating : 4.0/5 (6 download)
Download or read book IP Laws and Regimes in Major Asian Economies written by Kung-Chung Liu and published by Taylor & Francis. This book was released on 2022-08-11 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book systematically studies the structural characteristics of IP laws and regimes of major Asian economies, including (but not always) China, Hong Kong, India, Indonesia, Japan, Korea, Malaysia, Singapore, Taiwan, and Thailand. It explores and crystallizes some worthy Asian models which could further help the development of international IP laws. This book begins with an overview of Asian modern history and IP laws. It discusses the three basic IP laws in Asia which are patent law, trademark law and copyright law. It looks at the pre-established damages for copyright infringement and trademark counterfeiting. The book also deals with problems with trade secret and its over-protection. It compares IP laws and four industries in India and China, and examines what role have IP laws played in the development in those industries and how India and China can learn from each other. Finally, it examines one medium and one small-sized Asian economy on its respective struggle (Taiwan’s efforts to build a coherent IP exhaustion regime) and a success story (how Singapore has utilized IP to secure its position in global value chains). This book is a useful reference for law students, scholars, practitioners, IP professionals who are interested in knowing Asia, Asian IP laws and industries, their struggles and finding ways to better global IP laws. The case studies could provide helpful lessons for other Asian economies and beyond.
Author : Edward A. Pisacreta
Publisher : Law Journal Press
ISBN 13 : 9781588520869
Total Pages : 1230 pages
Book Rating : 4.5/5 (28 download)
Download or read book Intellectual Property Licensing written by Edward A. Pisacreta and published by Law Journal Press. This book was released on 1999 with total page 1230 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Christophe Geiger
Publisher : Edward Elgar Publishing
ISBN 13 : 1781001642
Total Pages : 497 pages
Book Rating : 4.7/5 (81 download)
Download or read book Constructing European Intellectual Property written by Christophe Geiger and published by Edward Elgar Publishing. This book was released on 2013 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'It is no longer possible to practice, teach, or study purely domestic intellectual property law within Europe. European intellectual property norms now structure protection throughout the continent (and even beyond). Paradoxically, what might seem as a simplification of legal rules has created a maze of new complexities substantive, institutional and methodological. This collection by some of the leading scholars in European IP manages to capture that complexity without sacrificing clarity. Canvassing the entire field with a rich array of contributions, the book both highlights the roots of European IP law and asks important fundamental questions about where it is going. One can only hope that it is read by anyone with a hand in the future development of European IP law.' Graeme B. Dinwoodie, University of Oxford, UK 'Christophe Geiger has put together a very fine collection of essays by many of the very best scholars in European intellectual property law. The essays explore the basis, extent, as well as the successes and failings of regional harmonization of trade marks, geographical indications, copyright, designs, patents and remedies. The celebrated cast of authors naturally discuss, in addition to the various directives and regulations on each topic, the Treaty provisions on exhaustion of rights and competition (and their interpretation), relevant provisions on legislative competence, Article 17(2) of the Charter, other fundamental rights, and the growing case law of the Court of Justice. There is essential material here for anyone interested in European intellectual property law, as well as ideas for the improvement and further development of European IP law.' Lionel Bently, University of Cambridge, UK Constructing European Intellectual Property offers a comprehensive assessment of the current state of intellectual property legislation in Europe and gives direction on how an improved system might be achieved. This detailed study presents various perspectives on what further actions are necessary to provide the circumstances and tools for the construction of a truly balanced European intellectual property system. The book takes as its starting point that the ultimate aim of such a system should be to ensure sustainable and innovation-based economic growth while enhancing free circulation of ideas and cultural expressions. Being the first in the European Intellectual Property Institutes Network (EIPIN) series, this book lays down some concrete foundations for a deeper understanding of European intellectual property law and its complex interplay with other fields of jurisprudence as well as its impact on a broad array of spheres of social interaction. In so doing, it provides a well needed platform for further research. Academics, policymakers, lawyers and many others concerned with establishment of a regulatory framework for intangibles in the EU will benefit from the extensive and thoughtful discussion presented in this work.
Author : Paul Goldstein
Publisher : Springer Science & Business Media
ISBN 13 : 354089702X
Total Pages : 367 pages
Book Rating : 4.5/5 (48 download)
Download or read book Intellectual Property in Asia written by Paul Goldstein and published by Springer Science & Business Media. This book was released on 2009-01-07 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction Intellectual property rights foster innovation. But if, as it surely does, “intellectual property” means not just intellectual property rules—the law of patents, copyrights, trademarks, designs, trade secrets, and unfair competition—but also intellectual property institutions—the courts, police, regulatory agencies, and collecting soc- ties that administer these rules—what are the respective roles of intellectual property rules and institutions in fostering creativity? And, to what extent do forces outside intellectual property rules and institutions—economics, culture, politics, history—also contribute to innovation? Is it possible that these other factors so overwhelm the impact of intellectual property regimes that it is futile to expect adjustments in intellectual property rules and institutions to alter patterns of inno- tion and, ultimately, economic development? It was to address these questions in the most dynamic region of the world today, Asia, that we invited leading country experts to contribute studies that not only summarize the current condition of intellectual property regimes in countries ranging in economic size from Cambodia to Japan, and in population from Laos to China, but that also describe the historical sources of these laws and institutions; the realities of intellectual property enforcement in the marketplace; and the political, economic, educational, and scientific infrastructures that sustain and direct inve- ment in innovative activity. A.
Author : Martin Senftleben
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403523719
Total Pages : 673 pages
Book Rating : 4.4/5 (35 download)
Download or read book The Copyright / Trademark Interface written by Martin Senftleben and published by Kluwer Law International B.V.. This book was released on 2020-12-10 with total page 673 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Copyright/Trademark Interface How the Expansion of Trademark Protection Is Stifling Cultural Creativity Martin Senftleben The registration of cultural icons as trademarks has become a standard protection strategy in the field of contemporary cultural productions and plays an ever-increasing role in the area of cultural heritage. Attempts to register and ‘evergreen’ the protection of cultural signs, ranging from ‘Mickey Mouse’ to the ‘Mona Lisa’, are no longer unusual. This phenomenon – characterized by the EFTA Court as trademark registrations motivated by ‘commercial greed’ – has become typical of an era where trademark law is employed strategically to withhold or remove cultural symbols from the public domain. In an extraordinary analysis of the clash between culture and commerce, and imbalances caused by protection overlaps arising from cumulative copyright and trademark protection, this book draws attention to the corrosive effect of indefinitely renewable trademark rights and underscores the necessity to safeguard central preconditions for the proper functioning of the copyright system in society at large: the freedom to use pre-existing works as reference points for the artistic discourse and building blocks for new creations, and the need to ensure the constant enrichment of the public domain. Emphasizing how overlapping copyright and trademark protection endangers the proper functioning of intellectual property rights in the literary and artistic domain, the author examines whether the intellectual property system is capable of mitigating the risks arising from cumulative protection. Such issues and topics as the following are treated in depth: the different configuration of intellectual property rights in accordance with different policy objectives and societal functions, in particular the cultural imperative in copyright law and the market transparency imperative in trademark law; problems arising from the registration of cultural icons for use on souvenir and merchandising articles; lack of sufficient safeguards in trademark law against cultural heritage branding; current scope of trademark rights, including the protection of brand value and communication functions, and the deterrent effect of trademark protection on cultural creativity; possibility of a categorical exclusion of contemporary cultural icons and cultural heritage material from trademark protection; development of a strict gatekeeper requirement of ‘use as a mark’ to prevent unjustified trademark infringement claims; development of robust, culturally based defences against trademark infringement claims; and general guidelines for the regulation of protection overlaps in intellectual property law, based on insights derived from the analysis of copyright/trademark overlaps. Drawing on aesthetic, sociological and economic theories that support initiatives to safeguard the autonomy of the literary and artistic domain and support remix activities of artists, the author suggests sound criteria for identifying signs with cultural significance that should be excluded from trademark registration. The book shows how intellectual property law can make rights cumulation strategies less attractive and avoid the loss of inner consistency and social legitimacy, easing the tension between indefinitely renewable trademark rights and the need to preserve and cultivate the public domain of cultural expressions and other intellectual creations that enjoy protection for a limited period of time, such as industrial designs and technical know-how. Its assessment criteria will assist and enable trademark examiners and judges to identify relevant cultural signs, and its proposals for regulatory responses to protection overlaps in intellectual property law will prove of great and lasting value to lawyers, policymakers, and scholars dealing with intellectual property law.
