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Trade Mark Law in Europe
In light of the ever-growing and developing jurisprudence of the Court of Justice and the General Court, and forthcoming substantive and systemic changes to the law, there is a need for a fresh and practical approach to the procedure and case law of trade marks in Europe. Trade Marks in Europe is a comprehensive guide to European trade mark law following the jurisprudence of the Court of Justice of the European Union and the case law of the General Court. It provides a wide-ranging overview of the trade mark system, including detailed and critical discussion of forthcoming changes, as well as an in-depth look at the life of a trade mark up to enforcement. It considers the conditions for main...
Trade Marks in Europe
In recent years, trade mark law in Europe has evolved from regarding trade marks as a relatively minor industrial property right into a fully developed, multi-tiered system of protection. This development has caused controversies, overlaps and breakdowns which the European Court of Justice (ECJ) is resolving through its case law. This new work examines the jurisprudence of the ECJ to provide practitioners with a detailed overview of the current state of trade mark law in Europe. By examining the Courts judgments it shows how a coherent body of trade mark law is developing and the principles on which this is based.
The Average Consumer in Confusion-based Disputes in European Trademark Law and Similar Fictions
This book contends that, with regard to the likelihood of confusion standard, European trademark law applies the average consumer incoherently and inconsistently. To test this proposal, it presents an analysis of the horizontal and vertical level of harmonization of the average consumer. The horizontal part focuses on similar fictions in areas of law adjacent to European trademark law (and in economics), and the average consumer in unfair competition law. The vertical part focuses on European trademark law, represented mainly by EU trademark law, and the trademark laws of the UK, Sweden, Denmark and Norway. The book provides readers with a better understanding of key aspects of European trademark law (the average consumer applied as part of the likelihood of confusion standard) and combines relevant law and practices with theoretical content and other related areas of law (and economics). Accordingly, it is an asset for policymakers and practitioners, as well as general readers with an interest in intellectual property law and theory.
Concepts of Property in Intellectual Property Law
This book explores the interaction between notions of property in law and particular aspects of intellectual property law.
The Protection of Non-Traditional Trademarks
This volume offers a detailed analysis of the issues related to the protection of non-traditional marks. In recent years, the domain of trademark law and the scope of trademark protection has grown exponentially. Today, a wide variety of non-traditional marks, including colour, sound, smell, and shape marks, can be registered in many jurisdictions. However, this expansion of trademark protection has led to heated discussions and controversies about the impact of the protection of non-traditional marks on freedom of competition and, more generally, on socially valuable use of these or similar signs in unrelated non-commercial contexts. These tensions have also led to increasing litigation in ...
Commentaries on Law & Public Policy
This journal published by Robert McGee deals with commentaries on law and public policy.
Individualism and Collectiveness in Intellectual Property Law
This title embraces fundamental, eternal and yet very contemporary elements in IP law dealt with in all parts of the world.
Goodwill in Passing Off
The law of passing off protects traders from a form of misrepresentation that harms their goodwill, and consumers from the market distortion that may result. This carefully-crafted work seeks to delineate two intertwined aspects of goodwill: substantive and structural goodwill. It argues that the law of passing off should focus on protecting structural goodwill, and that this in turn allows traders’ authentic voices to help shape the substantive goodwill to attract custom for them in the marketplace.
Trade Marks and Competition Law
This book provides a critical analysis of the interface between trade mark law and competition law through a combination of practice, doctrine, and policy. The two legal regimes are at opposite ends of the scale, with one promoting monopoly and the other competition; they operate at parallel levels, often without regard for the objectives and regulatory tools of the other. However, an increasing number of cases from the European Union (EU) and beyond cover the intersection of the two regimes. This book highlights the ways in which the fundamentals of trade mark law are being challenged from a competition law perspective, and how trade mark principles affect the development and application of...
