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Trademarks Comparative Advertising And Product Imitations
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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 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.
Book Synopsis The Handbook of International Advertising Research by : Hong Cheng
Download or read book The Handbook of International Advertising Research written by Hong Cheng and published by John Wiley & Sons. This book was released on 2014-01-21 with total page 574 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely handbook brings academic excellence to international advertising research in the form of 28 contributions from over 40 leading scholars. The handbook’s comprehensive treatment highlights existing knowledge, reports major findings across the subject, and recommends directions and agendas for future research. Fills the existing gap between the rapid growth in scholarly research on international advertising and the pressing need for more high-quality research in the area Covers 28 major areas in international advertising research, with contributions from more than 40 international advertising scholars based in over 10 countries or territories Comprehensive treatment includes the history of international advertising, audiences and media, strategy and execution, content effects, regulation, ethics, and advertising education Highlights existing knowledge in international advertising, reports major findings on a broad range of topics, and offers expert recommendations on directions for future research Contributors represent the most highly respected academics among international advertising researchers
Book Synopsis The Enforcement of Intellectual Property Rights: A Case Book by : L.T.C. Harms
Download or read book The Enforcement of Intellectual Property Rights: A Case Book written by L.T.C. Harms and published by WIPO. This book was released on 2012 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: With this publication, WIPO and the author aim at making available for judges, lawyers and law enforcement officials a valuable tool for the handling of intellectual property cases. To that effect, the case book uses carefully selected court decisions drawn from various countries with either civil or common law traditions. The extracts from the decisions and accompanying comments illustrate the different areas of intellectual property law, with an emphasis on matters that typically arise in connection with the enforcement of intellectual property rights in civil as well as criminal proceedings.
Book Synopsis Practical Guide to Comparative Advertising by : Ruth M. Corbin
Download or read book Practical Guide to Comparative Advertising written by Ruth M. Corbin and published by Academic Press. This book was released on 2018-11-22 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: Practical Guide to Comparative Advertising: Dare to Compare is an authoritative, engaging handbook on comparative advertising for food and non-food consumer products. Claim substantiation is a common stakeholder interest among management, advertisers, lawyers and researchers. This handbook covers the corporate culture and strategic goals that encourage comparative advertising, laws and regulations, standards for research evidence, and examples that bring the concepts to life. Of particular value to corporate brand managers, the book includes a checklist of process steps and quality controls that allow managers to orchestrate comparative ad campaigns and manage the risk of complaints from indignant competitors. - Alerts research, development and marketing professionals to potential competition issues and legal concerns - Provides a reference source for courts of law with respect to accepted industry standards and practices - Presents an authoritative perspective, in plain language, on laws and regulations governing comparative advertising, and on worldwide standards governing research evidence in support of advertising claims - Covers food and beverage, nutritional supplements, cosmetics and other consumer advertised products
Book Synopsis Intellectual Property Law by : Lionel Bently
Download or read book Intellectual Property Law written by Lionel Bently and published by Oxford University Press. This book was released on 2022-10-31 with total page 1561 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intellectual Property Law is the definitive textbook on the subject. The authors' all-embracing approach not only clearly sets out the law in relation to copyright, patents, trade marks, passing off, and confidentiality, but also takes account of a wide range of academic opinion enabling readers to explore and make informed judgements about key principles. The particularly clear and lively writing style ensures that even the most complex areas are lucid and comprehensible. Digital formats and resources The sixth edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbook.co.uk/ebooks
Book Synopsis Arbitrating Brands by : Metka Potočnik
Download or read book Arbitrating Brands written by Metka Potočnik and published by Edward Elgar Publishing. This book was released on 2019 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: In light of the controversy of the Philip Morris cases against Australia and Uruguay, this book systematically explores trade marks and brands as foreign direct investment, and in particular their substantive protection under international investment treaties. With the use of various hypothetical examples of devaluation of investments made in brands, the book explores the specifics of arbitrating investment claims arising out of state trade mark regulation. This work aims to establish useful tools in bridging the terminological and analytical gaps between experts in intellectual property law and international investment law.
Book Synopsis The Law of Advertising in Ireland by : Patrick Ambrose
Download or read book The Law of Advertising in Ireland written by Patrick Ambrose and published by Bloomsbury Publishing. This book was released on 2015-10-29 with total page 717 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of Advertising in Ireland identifies both the general and specific laws and regulations that apply to the advertising of products and services in Ireland. Divided into two parts, the first focuses on law, regulation and other key issues to be considered when advertising generally, for example consumer protection and contract law. The second part contains separate chapters on specific advertising law, regulation and codes of practice imposed on certain industries or services, for example financial services, solicitors and alcohol advertising.
Book Synopsis Trademark and Unfair Competition Conflicts by : Tim W. Dornis
Download or read book Trademark and Unfair Competition Conflicts written by Tim W. Dornis and published by Cambridge University Press. This book was released on 2017-02-23 with total page 699 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book will be of interest for all jurists doing research and working practically in intellectual property law and international economic law. It should be an element of the base stock for every law school library and specialized law firm. This title is available as Open Access.
Book Synopsis Essential Law for Marketers by : Ardi Kolah
Download or read book Essential Law for Marketers written by Ardi Kolah and published by Kogan Page Publishers. This book was released on 2013-01-03 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essential Law for Marketers doesn't assume any prior knowledge and has been designed to make UK and EU laws and regulations accessible for marketers at all levels. Jargon-free and easy to follow, it's widely acknowledged by professional bodies and legal experts as a masterful digest of all the main legal principles that need to be understood by sales and marketing professionals working in Europe. Written by one of the world's leading experts of sales and marketing law, this updated second edition of Essential Law for Marketers helps steer the reader through the legal minefield and provides unique strategies for using the law as a sales and marketing weapon in order to achieve competitive advantage. It covers making agreements; making statements in sales and marketing; legal barriers to market entry; legal requirement for sales and marketing activities; direct marketing and direct selling; EU Privacy and Electronic Communications Regulations; sales and price promotions; prize promotions and incentives and sponsorship and hospitality.
Book Synopsis Transnational Intellectual Property Law by : Robert P. Merges
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.
Book Synopsis Charting Limitations on Trademark Rights by : Haochen Sun
Download or read book Charting Limitations on Trademark Rights written by Haochen Sun and published by Oxford University Press. This book was released on 2023-04-15 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: Trademark scholarship has focused largely on the protection of trademark rights against consumer confusion and the dilution of trademarks. Studies of limitations on trademark rights, meanwhile, have remained relatively peripheral, especially in jurisdictions outside of the United States. However, this reality is incongruous with the importance of the limitations, such as descriptive and nominative uses, in promoting freedom of commerce, market competition, free speech, and cultural dynamics. Against this backdrop, Charting Limitations on Trademark Rights is the first comprehensive academic volume detailing limitations in trademark rights from both theoretical and comparative perspectives. The book presents new theoretical perspectives to justify trademark rights limitations, re-examines the nature of these limitations, delineates the scope of the limitations, and offers comparative studies of the limitations. With contributions from leading trademark scholars in the EU, US, and Asia, this is a must read for scholars, students, practitioners, and policymakers with an interest in the theories, policies, and doctrines of trademark law.
Book Synopsis Balkan Yearbook of European and International Law 2021 by : Dušan V. Popović
Download or read book Balkan Yearbook of European and International Law 2021 written by Dušan V. Popović and published by Springer Nature. This book was released on 2022-04-21 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: This third volume of the Balkan Yearbook of European and International Law (BYEIL) is devoted in particular to the specific legal challenges faced by Southeast European countries in the area of intellectual property law. The authors discuss a range of topics in Serbian and Bosnian and Herzegovinian copyright law, trademark and patent law, the relevance of which extends beyond their national borders. The papers included in the permanent sections on European law and international law explore contemporary challenges in public and private law. These challenges concern various legal fields, including consumer law, commercial law, corporate and criminal law, and the corresponding papers tackle a number of fundamental theoretical issues, while also highlighting the latest developments in legal practice.
Book Synopsis Antitrust for Small and Middle Size Undertakings and Image Protection from Non-Competitors by : Pranvera Këllezi
Download or read book Antitrust for Small and Middle Size Undertakings and Image Protection from Non-Competitors written by Pranvera Këllezi and published by Springer. This book was released on 2014-05-05 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication provides an unparalleled comparative analysis of two "hot topics" in the field of antitrust and unfair competition laws with regard to a number of key countries. The first part of the book examines whether small and middle-sized businesses could or should be subject to specific competition rules. These businesses account for 99% of the enterprises in Europe and the United States, making this a particularly important topic. The papers consider both the public and private enforcement rules across a range of jurisdictions and a detailed international report, prepared by Michele Carpagnano, identifies general trends and highlights differences and the most interesting features of national regulations. The second part of the book gathers contributions from various jurisdictions on the unfair competition question of whether a company could or should be protected against the use of their trademark, distinctive signs and other components of their image and identity on the part of non-competing companies. The papers focus on the fundamental issue of the competitive relationship as a condition of protection under unfair competition acts and the connection to intellectual property protection. The comprehensive and insightful international report, prepared by Martine Karsenty-Ricard, brings together these reflections by comparing various national positions. The book also includes the resolutions passed by the General Assembly of the LIDC following a debate on each of these topics, which include proposed solutions and recommendations. The International League of Competition Law (LIDC) is a long-standing international association that focuses on the interface between competition law and intellectual property law, including unfair competition issues.
Book Synopsis Comparative Advertising by : Fred Beard
Download or read book Comparative Advertising written by Fred Beard and published by Rowman & Littlefield. This book was released on 2020-07-06 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: From auto insurance to ready-to-eat soups and satellite TV services, both national and local advertisers in the United States—and increasingly around the world—invest a great deal of time and money on ads and campaigns in which they directly identify their competitors or refer indirectly to “the other guys.” Yet business decision-makers and advertising creative professionals have long believed that creating successful comparative advertising can be extraordinarily difficult. Many have discovered that a strategic or tactical misstep can easily lead to a disaster, such as negative responses from consumers, a successful legal challenge from one or more competitors, or the escalation of hostilities into an ongoing and damaging comparative advertising war. Comparative Advertising: History, Theory, and Practice offers scholars interested in why many business decision-makers believe they can win our loyalty by running down a competitor—as well as anyone who plans, creates, or pays for advertising—a thorough and timely synthesis of the vast body of historical research, theory, and professional insights devoted to one of advertising’s most frequently debated message tactics. The overall goal of this book is to discover answers to a simple question: Why do so many advertisers often rely on a message tactic that research and professional experience confirms they frequently regret using?
Book Synopsis Trademark Law and Theory by : Graeme B. Dinwoodie
Download or read book Trademark Law and Theory written by Graeme B. Dinwoodie and published by Edward Elgar Publishing. This book was released on 2008 with total page 555 pages. Available in PDF, EPUB and Kindle. Book excerpt: Boasting an impressive list of contributors, this first edition of Trademark Law and Theory brings together a compilation of well-written and powerfully argued works by leading international academics. The book is certainly one of the most extensive and thought provoking overviews of contemporary trademark law and theory yet to be published. . . Whilst all the contributions share in common their examination of the rapidity of change within trademark systems, the editors should be commended on their generous seasoning of other cross cutting themes throughout the Handbook. . . This fascinating compendium enriches our understanding of the shape, substance, and form of trademark law and theory. . . this Handbook is perhaps a rare exception to the adage that no book can be all things to all men . Its broad sweep approach and cross cutting themes enable a range of interested parties, such as policymakers; academics in the fields of marketing, business, consumer psychology; in addition to the usual suspects; to dip in and out of the Handbook as they wish. . . a unique and erudite collection of essays concerning trademark law and theory. . . Odette Hutchinson, Communications Law Trademarks is an area of vital, practical everyday concern, and the idea of producing a volume that brings together the perspectives of 19 thoughtful and experienced legal scholars is a bold and exciting initiative. The present volume does not disappoint and the two editors are to be congratulated on orchestrating an ensemble that simultaneously informs and stimulates. The title is apt: it is truly contemporary and is highly theoretical and doctrinal in character, while the interesting choice of the word handbook suggests clearly that this is a work in progress, a snapshot at a particular time of the challenging lines of individual research that each contributor to the volume is undertaking. It is a fine addition to a larger series of research handbooks in intellectual property published by Edward Elgar under the series editorship of Jeremy Phillips. . . The editors have done a fine job in presenting this material in such a clear and coherent fashion. . . this is an excellent and rewarding volume of readings that will be of interest to anyone working in the area of trademarks, whether as an academic or as a practitioner. Indeed, for the practitioner it will be of particular value, in that it contains, and opens up, many areas of inquiry that may not always be apparent when working at the coalface of a particular problem. . . For both kinds of readers, the real value of the volume is to have so many different kinds of perspectives brought together within the space of a single volume. . . this is a handsome production: the publishers and editors are to be commended on the clarity and cleanness of the typeface and headings, the thoroughness of the index, and the accuracy of their proof reading. It has also been given a striking and evocative cover. Sam Ricketson, University of Melbourne Law School Australia, European Intellectual Property Review Trademark Law and Theory is a first-rate exploration of the issues that will dominate trademark law in the 21st century. Authors from five continents provide a truly global perspective on the present and future of trademark law. An exceptional collection of contributors and contributions. Robert Denicola, University of Nebraska, US This compendium is an excellent source of writing on all aspects of trademark law and practice by experts from Europe, the United States, South Africa, Singapore, New Zealand and Australia. It will be a stimulating read for lawyers, academics, students and policymakers alike on the present and developing trends in law and policy relating to trademarks as marketing tools and cultural artefacts. The editors deserve congratulation on their concept for the book and their judicious selection of material. David Vaver, University of Oxford, UK All students, young and older, in the burgeoni
Book Synopsis Trade Marks at the Limit by : Jeremy Phillips
Download or read book Trade Marks at the Limit written by Jeremy Phillips and published by Edward Elgar Publishing. This book was released on 2006-01-01 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: . . . the book differs from the norm in addressing issues not conventionally found in the more standard trade mark works and in dealing with the subject not in the traditional textbook manner but in a series of contributions from a panel of distinguished international experts. . . While there will always be a need for the detailed and comprehensive academic and practitioner tomes, books such as this give the reader access to the cutting-edge minds of a number of leading experts in their fields. Books of this nature encourage the reader to question and challenge the current status of the law the only way law can evolve. In both its structure and its content this book is highly commended. Colin R. Davies, European Intellectual Property Review Trade Marks at the Limit is a collection of current, informed and original essays on different aspects of a topic that unites trade mark owners, practitioners and potential infringers alike the fine borderline that separates permitted use of another business s trade mark from a use that constitutes trade mark infringement. This important and groundbreaking book first examines the international legal framework for regulating unauthorised use of the trade marks of others. Then writers from both sides of the Atlantic and from Australia look at the practical problems and conceptual issues that the courts face in striking a balance between the needs of trade mark owners, their competitors, businesses that provide downstream services, and also consumers. The authors address industry specific issues involving the financial services sector and consumer goods as well as problems raised by comparative advertising, the need to protect free speech, the problems faced when dealing with non-traditional trade marks and the special case of multilingual jurisdictions. Authored by leading legal practitioners and consultants in related sectors, Trade Marks at the Limit is the first book to bring these issues together under the banner of permitted but unauthorised trade mark use.
Book Synopsis Trademark Protection and Freedom of Expression by : Wolfgang Sakulin
Download or read book Trademark Protection and Freedom of Expression written by Wolfgang Sakulin and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: Trademark law grants right holders an exclusive right to prevent third parties from using a sign. This can readily be seen as the antithesis of freedom of expression, which arguably includes a right of third parties to non-exclusive use of a sign for a variety of purposes, ranging from informing consumers, to voicing criticism or to artistic expression. Drawing on cultural theory and which has shown that society is involved in a constant struggle about shaping the meaning of signs (including trademarks) and this highly original and provocative book contends that trademark law fails to sufficiently differentiate between commercial purpose and the social, political, or cultural meanings carried by one and the same sign. The author shows that the andfunctional approachand to justifying trademark rights taken in current jurisprudence and doctrine is deficient, in that it does not take sufficient account of the fact that trademark rights can restrict the freedom of expression of third parties. Specifically, the exercise of rights granted under the European Trademark Regulation and the national trademark rights harmonized by the European Trademark Directive can cause a disproportionate impairment of the freedom of commercial and non-commercial expression of third parties as protected by Article 10 of the European Convention on Human Rights (ECHR). The authorands in-depth analysis explores such elements as the following: o the economic and ethical rationales of trademark rights; o whether trademark rights under European law can be justified by these rationales; o how freedom of expression can serve as a limitation to trademark rights; o what level of protection such freedom of expression grants to third parties; o the role of trademarks of social, cultural, or political importance in public discourse; o chilling effects on public discourse that can be caused by the exercise of trademark rights; o the interpretation of provisions regulating the grant and revocation of trademark rights in light of freedom of expression; and o the interpretation of the scope of protection and the limitations of trademark rights in light of freedom of expression. In effect, the analysis serves to expand the focus of legislators, courts, and trademark registering authorities from the interests of trademark right holders, who seemingly are granted ever more protection, to the justified interests of third parties. The critical analysis of existing trademark law leads the author to clearly identify the areas of trademark law in which the law needs to be reinterpreted and the areas in which legislative action should be taken, with recommendations for a number of limitations that should aid legislators in drafting concrete amendments. The new insights and imperatives provided by this book are sure to prove useful to both courts interpreting existing provisions of trademark laws and to legislators who are faced with the challenges of drafting new rules or revising existing laws.
