Charting Limits On Trademark Rights
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Charting Limits On Trademark Rights
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Author : Sun
language : en
Publisher: Oxford University Press
Release Date : 2023-05-12
Charting Limits On Trademark Rights written by Sun and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-05-12 with Law categories.
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.
Charting Limitations On Trademark Rights
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Author : Haochen Sun
language : en
Publisher: Oxford University Press
Release Date : 2023-04-15
Charting Limitations On Trademark Rights written by Haochen Sun and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-04-15 with Law categories.
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.
Trademark Law
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Author : Adam Brookman
language : en
Publisher: Wolters Kluwer
Release Date : 2014-06-13
Trademark Law written by Adam Brookman and has been published by Wolters Kluwer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-06-13 with Law categories.
This is the first practical treatise of its kind to approach trademark law from a fully integrated legal and business perspective. It walks you through the major areas of trademark practice: Selecting and adopting trademarks Perfecting, exploiting, and maintaining trademark rights Asserting and defending against trademark claims Business issues in trademark ownership You'll find clear, concise explanations and illustrative case examples to help you take a course of action in the full range of business scenarios. This book covers every key area, including: Trademark selection and adoption Trademark registration Trade dress Conducting due diligence Fair use of the trademarks of others Enforcement letters and more
Trade Marks At The Limit
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Author : Jeremy Phillips
language : en
Publisher: Edward Elgar Publishing
Release Date : 2006-01-01
Trade Marks At The Limit written by Jeremy Phillips and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-01-01 with Law categories.
. . . 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.
Genuine Use Of Trademarks
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Author : Eléonore Gaspar
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2021-08-18
Genuine Use Of Trademarks written by Eléonore Gaspar and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-18 with Law categories.
This book addresses the issue of trademark use that may be required for the protection and/or maintenance of trademark rights. Since the first edition of this book in 2018, there have been significant modifications in some countries, particularly, following the implementation of EU Directive 2015/2436 in the EU countries. Laws around the world do not attach the same consequence to the lack of use of a trademark, and courts do not always assess in the same way whether a trademark is genuinely used. This is a fundamental issue for trademark owners since, depending on the jurisdiction, lack of genuine use can lead to the refusal of trademark registration, the revocation of trademark rights, or prevent the owner of a non-used trademark from initiating an action based on its trademark. This detailed analysis provides clarity, insight, and guidance on the legal issues and practical implications of genuine use of trademarks in twenty-six jurisdictions worldwide. This book was developed within the framework of the International Association for the Protection of Intellectual Property (AIPPI), a non-affiliated, non-profit organization dedicated to improving and promoting the protection of intellectual property at both national and international levels. This topic was the subject of an AIPPI study, and its subsequent Resolution – The Requirements of Genuine Use of Trademarks for Maintaining Protection (2011, Hyderabad) – which aims to harmonize this issue of genuine use of trademarks. The authors of the chapters for each jurisdiction were carefully selected based on their extensive experience and in-depth knowledge of trademark protection in their respective jurisdictions. Each chapter considers issues and topics such as the following: types of use that qualify as genuine use of a trademark, including requirements as to whether uses are consistent with the function of the trademark or made in the course of trade; requirements as to the volume, duration, and frequency of use; impact of the trademark’s designation of goods and services; issues relating to the sign used, particularly, if it is used in a different form from the registered trademark (this includes consideration of alteration of the distinctive character, or the potential impact of a plurality of registered trademarks for different signs, or the question of use in black and white or in colour); proof to be provided to evidence genuine use as a trademark, including issues of timing and territory; situations in which the issue of genuine use can be of importance; valid reasons for non-use; consequences of lack of use depending on the context, including possible revocation of trademark rights; and case law examples. As a comparative law study and a collection of contributions from around the world on a key issue of trademark law, this book is of tremendous practical interest. Trademark owners, parties involved in or contemplating enforcement proceedings, and interested legal practitioners will benefit greatly from its thorough comparative analysis and guidance. It is also exceptionally valuable as a comprehensive resource for academics and researchers interested in the international harmonization of trademark law.
The Law And Practice Of Trademark Transactions
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Author : Irene Calboli
language : en
Publisher: Edward Elgar Publishing
Release Date : 2016-02-26
The Law And Practice Of Trademark Transactions written by Irene Calboli and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-02-26 with LAW categories.
The Law and Practice of Trademark Transactions is a comprehensive analysis of the law governing trademark transactions in a variety of legal and business contexts, and from a range of jurisdictional and cross-border perspectives. After mapping out the international legal framework applicable to trademark transactions, the book provides an analysis of important strategic considerations, including: tax strategies; valuation; portfolio splitting; registration of security interests; choice-of-law clauses; trademark coexistence agreements, and dispute resolution mechanisms. Key features include: • A comprehensive overview of legal and policy-related issues • A blend of approaches underpinning strategic considerations with analytical rigour • Regional coverage of the key characteristics of trademark transactions in a range of jurisdictions • Authorship from renowned trademark experts Practitioners advising trademark owners, including trademark attorneys, will find this book to be an invaluable resource for their practice, particularly where cross-border issues arise. It will also be a key reference point for scholars working in the field.
The Trademark Guide
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Author : Lee Wilson
language : en
Publisher: Simon and Schuster
Release Date : 2018-06-05
The Trademark Guide written by Lee Wilson and has been published by Simon and Schuster this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-06-05 with Law categories.
"A highly accessible text." —Lawyers Weekly A User-Friendly Handbook on Understanding Trademarks Trademarks are a crucial part of the American economy. In plain language with scores of real-life examples, this new edition of The Trademark Guide draws on Wilson's experience and addresses issues important to both would-be trademark owners and those who already own trademarks, including: How to choose a trademark without risking a lawsuit How trademark rights are gained and perfected How to use a trademark properly What constitutes trademark infringement What to do if your trademark is infringed How trademark law applies to new media And much more Completely updated to reflect recent court decisions and changes in the law, this edition features an Internet trademark resources list and expanded information on trademarks in the digital world. Packed with examples, FAQs, and a glossary, The Trademark Guide, Third Edition, will become the go-to for anyone with questions about the complexities of trademark law.
Intellectual Property
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Author : Arthur Raphael Miller
language : en
Publisher: West Academic Publishing
Release Date : 2000
Intellectual Property written by Arthur Raphael Miller and has been published by West Academic Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Law categories.
Patents; The Foundations of Patent Protection; The Subject Matter of Patents; Patentability -- Novelty and Statutory Bar; Patentability -- Utility; Patentability -- Non-Obviousness; Double-Parenting; Parenting Process; Infringement; Remedies; Patent Law and the Intersection of State and Federal Regulation; Trademarks; Foundations of Trademark Protection; Distinctiveness; Dilution and the Expansion of Trademark Doctrine; Loss of Trademark Protection and Partial Protection; Trademark Practice; Subject Matter; Infringement; Remedies; Copyright; Foundations of Copyright Protection; Subject Matter of Copyright; Exclusive Rights; Infringement; Fair Use; Ownership; Formal Requirements; Remedies; Copyright Laws and the Intersection of State and Federal Regulation.
Trademark Law
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Author : Siegrun D. Kane
language : en
Publisher: Practising Law Institute
Release Date : 2002
Trademark Law written by Siegrun D. Kane and has been published by Practising Law Institute this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Law categories.
This all-new Fourth Edition of the benchmark one-volume guide to trademark law is marked by extensive new coverage, including vital analysis of: New trade dress case law interpreting the doctrine of utilitarian functionality in the wake of the Supreme Courts TrafFix decision. New issues before the Supreme Court regarding dilution protection under the Federal Trademark Dilution Act New Internet cases on jurisdiction and the effect of UDRP arbitration decisions on federal litigation. New case law under the recently revised Federal Rules of Evidence. Plus updated material on gray market goods and attorney/client and work product privileges, new tips on reaching settlement agreements, and the latest changes to the T.M.E.P. Filled with dozens of forms, documents, checklists, and color exhibits, Trademark Law provides you with all the field-tested, step-by-step guidance you need to select, search, use, reinforce, renew, defend, and expand trademarks. Comprehensive enough to serve new and experienced practitioners on both sides of trademark disputes.
World Trademark Law And Practice
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Author : Ethan Horwitz
language : en
Publisher:
Release Date : 1985
World Trademark Law And Practice written by Ethan Horwitz and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1985 with Trademarks categories.