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This is the paperback printing of the casebook published in 2010. This casebook deals with a burgeoning field of intellectual property law: the rights of individuals to control the use of their names, likenesses, and personas. This book allows for an in-depth course in Rights of Publicity, with far more extensive coverage than can be achieved within the confines of traditional courses, such as Trademarks or Copyright. In addition, unique among materials in this area, this book includes comparative materials from around the globe, enabling students and teachers to compare the similarities and differences in approaches to this issue among a variety of jurisdictions and courts (including such i...
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Building on their well-received casebook, Trademarks and Unfair Competition: Law and Policy, the authors present Trade Dress and Design Law, the first student text to offer an integrated treatment of the forms of intellectual property protection available for trade dress and designs. This exceptional paperback may be used as the main text in an advanced course devoted to trade dress and designs, or may be used as a supplemental text for an advanced survey course or a variety of other intellectual property courses. This addition to the exciting Elective Series offers an analysis and comparison of the protection of trade dress and designs under numerous intellectual property regimes, including: a detailed exploration of the protection of trade dress and designs under trademark and unfair competition laws thorough treatment of design patent law, an area that is neglected in most student texts on intellectual property exploration of the application of copyright protection to pictorial, graphic and sculptural works, architectural works, and works of visual art, among others coverage of sui generis design protection regimes integrated discussions of European and international sources
9.1 A Pragmatic Cultural Framework for Legal Analysis -- 9.2 Concluding Remarks -- Bibliography -- Index
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. ...
Intellectual Property at the Edge exposes and analyses newly emerging intellectual property rights and limitations from historical and comparative law perspectives.
Apostolos G. Chronopoulos addresses the doctrinal contentions surrounding the doctrine of misappropriation while offering a comprehensive and critical review of the relevant case law that takes into consideration the rich academic commentary on the topic.
Protection for intellectual property has never been absolute; it has always been limited in the public interest. The benefits of intellectual property protection are meant to flow to everyone, not just a limited population of creators and the corporations that represent them. Given this social-utility function, intellectual property regimes must address issues of access, inclusion, and empowerment for marginalized and excluded groups. This handbook defines an approach to considering social justice in intellectual property law and regulation. Top scholars in the field offer surveys of social justice implementation in patents, copyright, trademarks, trade secrets, rights of publicity, and other major IP areas. Chapters define Intellectual Property Social Justice theory and include recommendations for reforming aspects of IP law and administration to further social justice by providing better access, more inclusion, and greater empowerment to marginalized groups.
Legal conflicts between trademark holders, social media providers and internet users have become manifest in light of wide scale, unauthorised use of the trademark logo on social media in recent decades. Arguing for the protection of the trademark logo against unauthorised use in a commercial environment, this book explores why protection enforcement should be made automatic. A number of issues are discussed including the scalability of litigation on a case-by-case basis, and whether safe harbour provisions for online service providers should be substituted for strict liability.