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Trademark Dilution

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Trademark Dilution

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Author : Tony Martino
language : en
Publisher: Oxford University Press, USA
Release Date : 1996

Trademark Dilution written by Tony Martino and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Trademark dilution categories.

What remedy does a car manufacturer have to prevent the use of its trade mark for cosmetics, confectionery, office furniture, or any one of a number of dissimilar uses? Except in cases of public deception, the answer was none until the doctrine of trade mark dilution was first introduced into English law and into much of Europe with the advent of the Trade Marks Act 1994 and the EC Trade Marks Directive. This doctrine, `misunderstood, misconstrued, and misapplied' since it was introduced into American law nearly 70 years ago, exists to prevent one trader taking unfair advantage of the name or mark, usually well established, of one business and using it for the exploitation of goods in areas in which the well-known trader is not presently active. This controversial and complex area of law is now of very considerable interest to lawyers, trade mark and patent agents and their business clients throughout the European Union where specific anti-dilution provisions have been widely introduced. Its appearance is timely given the uncertainty about the relevant provisions of the Trade Marks Act 1994 and there can be no doubt that practitioners in the field will be eager to buy and read this book.

Trademark Dilution And Free Riding

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Author : Daniel R. Bereskin
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-12-11

Trademark Dilution And Free Riding written by Daniel R. Bereskin 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 2023-12-11 with Law categories.

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.

Trademark Dilution

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Author : Amir Friedman
language : en
Publisher: Austin Macauley Publishers
Release Date : 2022-05-31

Trademark Dilution written by Amir Friedman and has been published by Austin Macauley Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-05-31 with Law categories.

The world has changed materially since the foundation of traditional trademark laws, according to which the purpose of a trademark was to serve as a differentiating source indicator, preventing source confusion in the marketplace. Traditionally, trademarks protected the public from likelihood of confusion, assisted in consumer decisions and reduced search costs. The need to award a special scope of protection to famous trademarks from use on non-competing goods was first discussed in Kodak in 1898, holding that the use of the word Kodak for a bicycle company does not mislead consumers but takes unfair advantage of reputation. However, the most significant point in the evolution of dilution, in its early stages, was the case of Odol decided in 1924, which was the first to acknowledge the need to protect the advertising power of trademarks from being diluted, even in the absence of a likelihood of confusion. This book will provide that dilution is a ‘sui generis’ brand remedy applicable to reputed trademarks in accordance to their aggregated inherent and acquired strength. The book will address the non-harmonised nature of dilution, which reflects a problem in an age of borderless trade and cyber commerce and emphasises the need to answer the question: To what extent should reputed trademarks be protected by dilution beyond the traditional trademark protection from likelihood of confusion? The book includes a proposal for an operative legal framework based on conclusions and distinctions derived from the comparison of dilution, as adopted and interpreted in different areas of the world, comparative case studies and comparison with neighbouring legal rights, such as Tort Law, Unfair Competition, Moral Rights, Equitable Rights, Publicity Rights and Unlawful Enrichment.

Trade Mark Dilution In Europe And The United States

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Author : Ilanah Simon Fhima
language : en
Publisher: Oxford University Press, USA
Release Date : 2011-11-03

Trade Mark Dilution In Europe And The United States written by Ilanah Simon Fhima and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-11-03 with Law categories.

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.

Trademark Dilution Law

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Author : Amanda S. Reid
language : en
Publisher:
Release Date : 2004

Trademark Dilution Law written by Amanda S. Reid and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with categories.

Trademark Dilution

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Author : David S. Welkowitz
language : en
Publisher: Bureau of National Affairs
Release Date : 2012

Trademark Dilution written by David S. Welkowitz and has been published by Bureau of National Affairs this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Law categories.

Federal Trademark Dilution Act

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Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, the Internet, and Intellectual Property
language : en
Publisher:
Release Date : 2002

Federal Trademark Dilution Act written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, the Internet, and Intellectual Property and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Law categories.

International Trademark Dilution

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Author : Daniel R. Bereskin
language : en
Publisher:
Release Date : 2016

International Trademark Dilution written by Daniel R. Bereskin and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Trademark dilution categories.

Trademark Dilution Revision Act Of 2005

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 has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Law categories.

Committee Print To Amend The Federal Trademark Dilution Act

Committee Print To Amend The Federal Trademark Dilution Act written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, the Internet, and Intellectual Property and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Business & Economics categories.

Trademark Dilution

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