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.

The Book of American Trade Marks

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Author :
Publisher :
ISBN 13 : 9780910158312
Total Pages : pages
Book Rating : 4.1/5 (583 download)

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Book Synopsis The Book of American Trade Marks by : David E. Carter

Download or read book The Book of American Trade Marks written by David E. Carter and published by . This book was released on 1977-04 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

TM

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Author :
Publisher : Princeton Architectural Press
ISBN 13 : 9781568982564
Total Pages : 292 pages
Book Rating : 4.9/5 (825 download)

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Book Synopsis TM by : Ivan Chermayeff

Download or read book TM written by Ivan Chermayeff and published by Princeton Architectural Press. This book was released on 2000-09 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: The NBC peacock, the PBS "everyman," the Chase Bank octagon, and hundreds of other outstanding trademarks have been created by one design firm, Chermayeff & Geismar Inc. Their logos and identity programs for high-profile corporations such as Mobil, Time Warner, Viacom, and Xerox, and for preeminent institutions such as the New York Public Library, Alvin Ailey Dance, the Smithsonian Institution, and the Museum of Modern Art, are instantly recognizable hallmarks of design. TM collects over 200 trademarks created over the 40-year history of the firm, which is led by Ivan Chermayeff, Tom Geismar, and Steff Geissbuhler. The variety and vitality of their work is reflected in this visually rich book, which serves an inspiration for designers as well as a reference to the best in trademark design.

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:

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 & Symbols: Symbolical designs

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Author :
Publisher : New York ; Toronto : Van Nostrand Reinhold
ISBN 13 :
Total Pages : 200 pages
Book Rating : 4.0/5 ( download)

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Book Synopsis Trademarks & Symbols: Symbolical designs by : Yasaburo Kuwayama

Download or read book Trademarks & Symbols: Symbolical designs written by Yasaburo Kuwayama and published by New York ; Toronto : Van Nostrand Reinhold. This book was released on 1973 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive, profusely illustrated guide to more than 1,500 trademark from all over the world. The trademark designs in this volume are based on letter forms and arranged alphabetically. To make the book easy to use it has three indexes: 1. Index of names of companies represented. 2. Index of type of industry, business, product or service. 3. Index of designers.

The Historical Foundations of the Law Relating to Trade-marks

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Author :
Publisher : The Lawbook Exchange, Ltd.
ISBN 13 : 158477035X
Total Pages : 246 pages
Book Rating : 4.5/5 (847 download)

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Book Synopsis The Historical Foundations of the Law Relating to Trade-marks by : Frank Isaac Schechter

Download or read book The Historical Foundations of the Law Relating to Trade-marks written by Frank Isaac Schechter and published by The Lawbook Exchange, Ltd.. This book was released on 1999 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the exact nature of the right to a trademark? What is the basis of relief in trademark cases of unfair competition? Schechter unravels these problems as he traces the development of the law of trademarks from medieval times to the early twentieth century. ". . . invaluable for starting scholarly research." --Julius J. Marke, A Catalogue of the Law Collection of New York University (1953) 869 "Mr. Schechter has turned up much interesting and hitherto unpublished material concerning the use of guild and artisans' marks in the Middle Ages in England. His chapter (V) on "The Development of Trade Mark Law in the Cutlery Trades," is particularly valuable and contains matter not before in print. It makes understandable the reference to registers of the cutlers' companies in the English Trade Marks Act of 1875." --Edward S. Rogers, Michigan Law Review 24 (1925-1926) 98 Frank Isaac Schechter [1890-1937] received the first doctor of jurisprudence degree given by Columbia University. He was a practicing attorney and authority on trademark law. His father was Solomon Schechter, a Biblical scholar who was the president of the Jewish Theological Seminary and the founder of the United Synagogue of America.

Trademarks, Brands, and Competitiveness

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Author :
Publisher : Routledge
ISBN 13 : 1135177333
Total Pages : 271 pages
Book Rating : 4.1/5 (351 download)

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Book Synopsis Trademarks, Brands, and Competitiveness by : Teresa da Silva Lopes

Download or read book Trademarks, Brands, and Competitiveness written by Teresa da Silva Lopes and published by Routledge. This book was released on 2010-05-04 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: Trade Marks, Brands and Competitiveness brings together scholars from a variety of disciplines to provide a critical account of the contribution of branding to economic growth, the relationship between trademark law and brand strategy, and the building and repositioning of individual brands as case studies in the effects of competition.

Concise European Trade Mark Law

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 904119598X
Total Pages : 827 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Concise European Trade Mark Law by : Verena von Bomhard

Download or read book Concise European Trade Mark Law written by Verena von Bomhard and published by Kluwer Law International B.V.. This book was released on 2018-09-25 with total page 827 pages. Available in PDF, EPUB and Kindle. Book excerpt: The sweeping changes brought about in 2017 to practice and procedures in European Union trade mark law have precipitated a new edition of this much relied-upon guide to the field. This is the first book to provide comprehensive guidance to the new EU Trade Mark Regulation, including full details on all aspects of substance and procedure, as well as to the new Trade Mark Directive. This new and significantly expanded edition, which builds on the two previous editions of the Concise European Trade Mark and Design Law, includes the full texts of the new Implementing and Delegated Acts – available in no other book – as well as a collection of other texts that are needed in daily practice, such as excerpts from the Rules of Procedure of the General Court, the Paris Convention, the Madrid Protocol and the Nice Agreement, the Nice Classification, the TRIPS Agreement and the Directive on Enforcement of IP Rights. Providing a complete commentary and a full set of the legal provisions that must be dealt with on a daily basis, obviating recourse to other sources, this new edition will be welcomed by anyone with an interest in the law and practice of trade marks in the European Union.

Trade Marks and Free Trade

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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.

Character Trademarks

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Author :
Publisher : Chronicle Books
ISBN 13 : 9780877017523
Total Pages : 140 pages
Book Rating : 4.0/5 (175 download)

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Book Synopsis Character Trademarks by : John Mendenhall

Download or read book Character Trademarks written by John Mendenhall and published by Chronicle Books. This book was released on 1990-10 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the growing awareness of the value of character trademark symbols in product design, marketing, and promotion has come a resurgence of interest in these extraordinary icons. The popularity of the California Raisins and other recent examples attest to the appeal of character trademarks in popular culture. From Reddy Kilowatt to Colonel Sanders, there is humor and nostalgia in the humble, often "kitschy" images which have become classics of commercial folk art that every consumer can relate to. This engaging volume contains approximately one thousand trademarks from the past ninety years, as well as a "Hall of Fame" section profiling some of the classic characters with the history of their development. Chronicle Books is pleased to include this remarkable volume in its series of design books, including Trademarks of the 20's and 30's and Trademarks of the 40's and 50's.

Trade Mark Licensing

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Publisher : Sweet & Maxwell
ISBN 13 : 9780421636309
Total Pages : 560 pages
Book Rating : 4.6/5 (363 download)

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Book Synopsis Trade Mark Licensing by : Neil J. Wilkof

Download or read book Trade Mark Licensing written by Neil J. Wilkof and published by Sweet & Maxwell. This book was released on 2005 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent years have seen fundamental changes to the law and practise of trade mark licensing. "Trade Mark Licensing 2nd edition" offers a completely rounded perspectivce on the subject, integrating discussion of legal concepts with extensive advice on practical concerns. It provides comprehensive coverage of trade mark licensing under UK and US law, and also considers relevant EU law, including EU competition law and trade mark exhaustion. A detailed sample agreement is included, complete with explanatory notes and cross-references to the main text. This edition also contains new chapters on trade mark licensing in France and Germany, and on domain name+ licensing.

A Digest of the Law of Trade Marks

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Publisher :
ISBN 13 :
Total Pages : 596 pages
Book Rating : 4.:/5 ( download)

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Book Synopsis A Digest of the Law of Trade Marks by : Coddington

Download or read book A Digest of the Law of Trade Marks written by Coddington and published by . This book was released on 1878 with total page 596 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Trademarks & Symbols of the World

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Author :
Publisher : Rockport Publishers
ISBN 13 :
Total Pages : 504 pages
Book Rating : 4.3/5 (512 download)

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Book Synopsis Trademarks & Symbols of the World by : Yasaburō Kuwayama

Download or read book Trademarks & Symbols of the World written by Yasaburō Kuwayama and published by Rockport Publishers. This book was released on 1987 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt: Includes 5,800 trademarks, service marks, symbols etc. by 1,300 designers from 38 countries.

Marks of Excellence

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Publisher : Phaidon Press
ISBN 13 : 9780714834481
Total Pages : 240 pages
Book Rating : 4.8/5 (344 download)

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Book Synopsis Marks of Excellence by : Per Mollerup

Download or read book Marks of Excellence written by Per Mollerup and published by Phaidon Press. This book was released on 1997 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: The core of the book is a full classification of all the trade marks covering pictures, names and abbreviations. The author analyses and describes the history of trademarks and shows how they have transcended barriers of language and time.

Registration of Trade-marks

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Publisher :
ISBN 13 :
Total Pages : 188 pages
Book Rating : 4.0/5 (11 download)

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Book Synopsis Registration of Trade-marks by : United States. Congress. Senate. Committee on Patents

Download or read book Registration of Trade-marks written by United States. Congress. Senate. Committee on Patents and published by . This book was released on 1925 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt:

A User's Guide to Trade Marks and Passing Off

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1526511576
Total Pages : 817 pages
Book Rating : 4.5/5 (265 download)

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Book Synopsis A User's Guide to Trade Marks and Passing Off by : Nicholas Caddick KC

Download or read book A User's Guide to Trade Marks and Passing Off written by Nicholas Caddick KC and published by Bloomsbury Publishing. This book was released on 2021-12-20 with total page 817 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focuses on the current law relating to the protection of registered trademarks and certain related rights. This includes registered trade marks, well-known trade marks, certification marks, collective marks, protested geographical origin indicators, international conventions, and passing off. There is clear explanation of the underlying principles and concepts with a breakdown of procedural matters, thereby helping to tie the different areas together. Individual topics covered include: Kit-Kat - when can 3D shape marks benefit from 'acquired distinctiveness'? Whether colours may form part of 3D shape marks - Louboutin Infringement by 'wrong way round' confusion Limitations on the own-name defence Calculation of damages, and the availability of blocking injunctions