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Author : Tim W. Dornis
Publisher :
ISBN 13 :
Total Pages : 33 pages
Book Rating : 4.:/5 (94 download)
Download or read book Trademark Rights, Comparative Advertising, and "perfume Comparison Lists" written by Tim W. Dornis and published by . This book was released on 2014 with total page 33 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Tim W. Dornis
Publisher :
ISBN 13 :
Total Pages : 50 pages
Book Rating : 4.:/5 (13 download)
Download or read book Trademarks, Comparative Advertising, and Product Imitations written by Tim W. Dornis and published by . This book was released on 2017 with total page 50 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative advertising is a daily phenomenon in the modern landscape of commercial communication. Interestingly, however, a deep dichotomy exists between the American legal doctrine on comparative advertising and its European counterpart. Whereas American lawyers have cultivated a rather liberal stance, Europe has preserved its historical penchant for prohibiting comparative advertising. This divergence is puzzling when it concerns the handling of so-called imitation claims and product comparison lists, especially with respect to luxury perfumes and smell-alikes, or other exclusive products and their cheaper imitations. European lawmakers, pressured by the French perfume industry, have integrated a per se prohibition on imitation claims into the European Directive on Misleading and Comparative Advertising. On the other hand, in the U.S., there is virtually no restriction on imitation claims and comparison lists beyond the prevention of consumer confusion and deception. Indeed, the Lanham Act expressly excludes trademark dilution claims in cases of comparative advertising. To date, however, there has been no comprehensive economic analysis of this panorama. This article seeks to fill that gap. In conducting such an analysis, it reveals severe defects in both the American and European rules on comparative advertising. It also provides the basis for a more specific reconceptualization of the field and helps formulate a theoretical and practical framework for lawmaking and policymaking.
Author : Neil Wilkof
Publisher : OUP Oxford
ISBN 13 : 0191642894
Total Pages : 2706 pages
Book Rating : 4.1/5 (916 download)
Download or read book Overlapping Intellectual Property Rights written by Neil Wilkof and published by OUP Oxford. This book was released on 2012-08-30 with total page 2706 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing a comprehensive and systematic commentary on the nature of overlapping Intellectual Property rights and their place in practice, this book is a major contribution to the way that IP is understood. IP rights are mostly studied in isolation, yet in practice each of the legal categories created to protect IP rights will usually only provide partial legal coverage of the broader context in which such rights are actually created, used, and enforced. Consequently, often multiple IP rights may overlap, in whole or in part, with respect to the same underlying subject matter. Some patterns, for instance, in addition to being protected from copying under the design rights regime, may also be distinctive enough to warrant trade mark protection. Each chapter addresses a discrete pair of IP rights and is written by a specialist in that area. Facilitating an understanding of how and when those rights may be encountered in practice, each chapter is introduced by a hypothetical situation setting out the overlap discussed in the chapter. The conceptual and practical issues arising from this situation are then discussed, providing practitioners with a full understanding of the overlap. Also included is a valuable summary table setting out the legal position for each set of overlapping rights in jurisdictions across Europe, Central and South America, and Asia, and the differences between them.
Author : Amanda Michaels
Publisher : Oxford University Press, USA
ISBN 13 : 0199579687
Total Pages : 461 pages
Book Rating : 4.1/5 (995 download)
Download or read book A Practical Approach to Trade Mark Law written by Amanda Michaels and published by Oxford University Press, USA. This book was released on 2010-03-11 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: A new edition of a well established text, and now part of the renowned Oxford University Press 'A Practical Approach' series, A Practical Approach to Trade Mark Law fourth edition provides a comprehensive, digestible and accessible introduction to trade mark law, explaining the technicalities of the law in plain, non-technical language.
Author : Robert P. Merges
Publisher : Edward Elgar Publishing
ISBN 13 : 1785368257
Total Pages : 679 pages
Book Rating : 4.7/5 (853 download)
Download or read book Transnational Intellectual Property Law written by Robert P. Merges and published by Edward Elgar Publishing. This book was released on 2018-04-27 with total page 679 pages. Available in PDF, EPUB and Kindle. Book excerpt: As companies and organisations increasingly operate across national boundaries, so the incentive to understand how to acquire, deploy and protect IP rights in multiple national jurisdictions has rapidly increased. Transnational Intellectual Property Law meets the need for a book that introduces contemporary intellectual property as it is practiced in today’s global context. Focusing on three major IP regimes – the United States, Europe and China – the unique transnational approach of this textbook will help law students and lawyers across the world understand not only how IP operates in different national contexts, but also how to coordinate IP protection across numerous national jurisdictions. International IP treaties are also covered, but in the context of an overall emphasis on transnational coordination of legal rights and strategies.
Author : Estelle Derclaye
Publisher : Bloomsbury Publishing
ISBN 13 : 1847316514
Total Pages : 406 pages
Book Rating : 4.8/5 (473 download)
Download or read book Intellectual Property Overlaps written by Estelle Derclaye and published by Bloomsbury Publishing. This book was released on 2011-05-11 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intellectual property rights, conventionally seen as quite distinct, are increasingly overlapping with one another. There are several reasons for this: the expansion of IPRs beyond their traditional borders, the creation of new IPRs especially at EU level, the exploitation of gaps in the law by shrewd lawyers, and the use of unfair competition as an alternative when IPRs are either not available at all or expired. The convergence of several IPRs on the same subject-matter poses problems. As they are normally envisaged as water-tight categories, there are very few rules which cater for the sort of regime clash that any overlap of IPRs necessarily entails. This book's aim is to find appropriate rules to regulate overlaps and thereby avoid regime conflicts and undue unstructured expansion of IPRs. The book studies the practical consequences of each overlap at the international, European and national levels (where the laws of France, the UK and Germany are reviewed). It then analyses the reasons for the prohibition or authorisation of overlaps. This analysis enables the determination of criteria and principles that can be used to (re)map the overlaps to achieve appropriateness and legitimacy.
Author : Saadiya Suleman
Publisher :
ISBN 13 :
Total Pages : 33 pages
Book Rating : 4.:/5 (13 download)
Download or read book Comparative Advertising, Disparagement and Trademark Infringement written by Saadiya Suleman and published by . This book was released on 2018 with total page 33 pages. Available in PDF, EPUB and Kindle. Book excerpt: Advertising pervades society and has become a persuasive force working on collective mentality of the public affecting their behaviour. Advertisements create brand image and reinforce it time and again. Traditionally, advertisers sought to present their goods and services in the most favourable light as possible, attempting to influence the public by highlighting the merits of their product or services. However, the early seventies of the last century, ushered a new era of advertising wherein comparative advertisements and commercials identified the competitors products by name. This has created new issues relating to unfair competition, disparagement and trademark infringement. For the purpose of proclaiming his goods as being the best in the world one might be tempted to compare the advantages of his goods over the goods of others. However, while saying his goods are better than his competitors', can one be allowed to say that the competitors' goods are bad? Does that not amount to slandering/disparaging the goods of his competitors? What if the goods advertised are actually better in quality than those of the competitors? Can a seller use a competitor's trademark in advertisement while comparing the relative qualities of the competitive goods? Or would such use for the purpose of distinguishing and claiming superiority over the competitors' product, in the course of advertisement without the permission of the trademark owner constitute trademark infringement? The paper seeks to analyse the intricacies of law involved in the concept of comparative advertising in relation with product disparagement and trademark infringement.
Author : Irene Calboli
Publisher : Cambridge University Press
ISBN 13 : 1108502369
Total Pages : 1176 pages
Book Rating : 4.1/5 (85 download)
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 2020-09-24 with total page 1176 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.
Author : Abbe Brown
Publisher : Oxford University Press, USA
ISBN 13 : 0198799802
Total Pages : 967 pages
Book Rating : 4.1/5 (987 download)
Download or read book Contemporary Intellectual Property written by Abbe Brown and published by Oxford University Press, USA. This book was released on 2019-08-20 with total page 967 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contemporary Intellectual Property: Law and Policy offers a unique perspective on intellectual property law. It goes beyond an up-to-date account of the law and examines the complex policies that inform and guide modern intellectual property law at the domestic (including Scottish), European and international levels, giving the reader a true insight into the discipline and the shape of things to come. The focus is on contemporary challenges to intellectual property law and policy and the reader is encouraged to engage critically both with the text and the subject matter. Carefully developed to ensure that the complexities of the subject are addressed in a clear and approachable manner, the extensive use of practical examples, exercises and visual aids throughout the text enliven the subject and stimulate the reader. Online resources This book is supported by the following online resources: -Guidance on answering the discussion points from the book -Online chapters on the following topics: --History of unregistered design protection in the UK --History of registered design law in the UK to 1988 --Intellectual property and international private law -Web links and further reading
Author : Frank Bøggild
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041162216
Total Pages : 714 pages
Book Rating : 4.0/5 (411 download)
Download or read book Community Trade Mark Law written by Frank Bøggild and published by Kluwer Law International B.V.. This book was released on 2015-12-23 with total page 714 pages. Available in PDF, EPUB and Kindle. Book excerpt: The introduction in Europe in 1996 of the Community trade mark (CTM) brought into being a new and independent trade mark system with its own sources of law, its own procedures, and its own administrative and judicial bodies, notably the Office for Harmonization in the Internal Market (Trade Marks and Designs) (OHIM), the agency designated to process applications for the registration of CTMs. In 2011, OHIM for the first time received 100,000 applications in one and the same year – which was also the year in which the one millionth application was filed. Case law of the European Court of Justice (ECJ) and the European General Court (EGC) on the interpretation of the Trade Mark Regulation and the Trade Mark Directive is – together with decisions of OHIM and its Boards of Appeals – absolutely central to the understanding of Community trade mark law, including the trade mark laws of Member States. This book offers an in-depth scrutiny, categorization, and analysis of this extensive body of case law. Focusing on issues of practical relevance for practitioners, the chapters cover such aspects of Community trade mark law as the following: • OHIM's procedure for registration; • the appeals system (OHIM's Boards of Appeals, the EGC, and the ECJ); • trade mark strategies; • absolute and relative grounds for refusal; • three-dimensional trade marks; • non-registered national trade marks and registration in bad faith; • trade marks with a reputation; • acquired distinctiveness; • trade mark functions and use as a trade mark; • limitations of exclusivity; • nature and extent of genuine use; • grounds for revocation and invalidity; • transfer of trade marks and licensing; • national trade mark courts. Also covered are the pending and proposed amendments to the Trade Mark Regulation and the Trade Mark Directive. This book covers in depth the practical applications of this important and much-used body of law. It will be of enormous value and benefit to company lawyers, attorneys, trade mark attorneys, and anyone else dealing with trade mark law, whether on a Community level or nationally.
Author : Robert J. Kaler
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (1 download)
Download or read book Comparative advertising with the use of a competitor's trademark under US law - a contrast to the European approach written by Robert J. Kaler and published by . This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Stewart E. Sterk
Publisher :
ISBN 13 :
Total Pages : 38 pages
Book Rating : 4.:/5 (115 download)
Download or read book The Law of Comparative Advertising written by Stewart E. Sterk and published by . This book was released on 1977 with total page 38 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Rodney D. Ryder
Publisher :
ISBN 13 :
Total Pages : 520 pages
Book Rating : 4.3/5 (91 download)
Download or read book Brands, Trademarks, and Advertising written by Rodney D. Ryder and published by . This book was released on 2003 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: On the legal protection of brands from copying, counterfeiting, and unfair competition.
Author : Apoorva Sharma
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)
Download or read book Comparative Advertisement and Infringement of Trademarks written by Apoorva Sharma and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The last half of the past century has seen the rise in marketing strategy and the importance of advertisement as a necessary tool to sell products. Companies are ready to go to any length to make their product reach out to public in big way. From using a pug to having alien-like dressed people selling their product, from cola wars we have seen it all. Initially where the focus was to project their product as the best by in numerating its quality, the advertising world has shifted to the fiercer competitive mode of showing my product is better than the other. This type of advertising known as comparative advertising has made the advertising world not only to hire celebrities to sell the product but also to involve trade mark or in a wider term the trade dress of the products. In first part of the paper, I would define what is comparative advertisement and why the rule of trade mark protection be limited to the areas which would confuse the consumers by way of professors Ralph's theory, and why its expansion would result against public interest. In the second part, I would explain how the law have changed for protection of trademark in India with the help of case laws and how it is protected in other countries. In the third part, I would explain how comparative advertisement benefits the consumer and lastly I would like to conclude by highlighting the need of fair competition for consumer welfare.
Author : Pek San Tay
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (969 download)
Download or read book Comparative Advertising written by Pek San Tay and published by . This book was released on 2010 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Janice Denoncourt
Publisher : Routledge
ISBN 13 : 1136475508
Total Pages : 273 pages
Book Rating : 4.1/5 (364 download)
Download or read book Q&A Intellectual Property Law written by Janice Denoncourt and published by Routledge. This book was released on 2013-07-03 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: You’ve planned your revision and you know your subject inside out! But how do you apply what you have learned to get the best marks in the examination room? Routledge Q&As give you the ideal opportunity to practice and refine your exam technique, helping you to apply your knowledge most effectively in an exam situation. Each book contains approximately fifty essay and problem-based questions on topics commonly found on exam papers, complete with answer plans and fully worked model answers. Our authors have also highlighted common mistakes as well as offering you tips to achieve the very best marks. What’s more, Routledge Q&As are written by lecturers who are also examiners, giving you an exclusive insight into exactly what examiners are looking for in an answer. The new edition includes: An introduction, with essay-writing and exam preparation advice, written specifically to address the unique demands of the subject under consideration. ‘Aim Higher’ text boxes offering tips and advice to help those students aiming for top marks to go the extra mile.? ‘Common Pitfalls’ text boxes showing where students often trip up or highlighting areas of potential confusion, to help students avoid making some of these common mistakes.? Key cases and legislation, highlighted within the text for ease of reference. Boxed answer plans after each question, outlining the major points students should be aiming to convey in their answer. Books in the series are also supported by a companion website offering online essay-writing tutorials, podcasts, bonus Q&As and multiple-choice questions to help you focus your revision more effectively.
Author : Werner Janssen
Publisher :
ISBN 13 :
Total Pages : 46 pages
Book Rating : 4.:/5 (115 download)
Download or read book Some Foreign Law Aspects of Comparative Advertising written by Werner Janssen and published by . This book was released on 1974 with total page 46 pages. Available in PDF, EPUB and Kindle. Book excerpt:
