Download or read book Comparative advertising with the use of a competitor s trademark under US law a contrast to the European approach written by Robert J. Kaler and published by . This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Comparative Advertising Disparagement and Trademark Infringement written by Saadiya Suleman and published by . This book was released on 2018 with total page 33 pages. Available in PDF, EPUB and Kindle. Book excerpt: Advertising pervades society and has become a persuasive force working on collective mentality of the public affecting their behaviour. Advertisements create brand image and reinforce it time and again. Traditionally, advertisers sought to present their goods and services in the most favourable light as possible, attempting to influence the public by highlighting the merits of their product or services. However, the early seventies of the last century, ushered a new era of advertising wherein comparative advertisements and commercials identified the competitors products by name. This has created new issues relating to unfair competition, disparagement and trademark infringement. For the purpose of proclaiming his goods as being the best in the world one might be tempted to compare the advantages of his goods over the goods of others. However, while saying his goods are better than his competitors', can one be allowed to say that the competitors' goods are bad? Does that not amount to slandering/disparaging the goods of his competitors? What if the goods advertised are actually better in quality than those of the competitors? Can a seller use a competitor's trademark in advertisement while comparing the relative qualities of the competitive goods? Or would such use for the purpose of distinguishing and claiming superiority over the competitors' product, in the course of advertisement without the permission of the trademark owner constitute trademark infringement? The paper seeks to analyse the intricacies of law involved in the concept of comparative advertising in relation with product disparagement and trademark infringement.
Download or read book Trademarks Comparative Advertising and Product Imitations written by Tim W. Dornis and published by . This book was released on 2017 with total page 50 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative advertising is a daily phenomenon in the modern landscape of commercial communication. Interestingly, however, a deep dichotomy exists between the American legal doctrine on comparative advertising and its European counterpart. Whereas American lawyers have cultivated a rather liberal stance, Europe has preserved its historical penchant for prohibiting comparative advertising. This divergence is puzzling when it concerns the handling of so-called imitation claims and product comparison lists, especially with respect to luxury perfumes and smell-alikes, or other exclusive products and their cheaper imitations. European lawmakers, pressured by the French perfume industry, have integrated a per se prohibition on imitation claims into the European Directive on Misleading and Comparative Advertising. On the other hand, in the U.S., there is virtually no restriction on imitation claims and comparison lists beyond the prevention of consumer confusion and deception. Indeed, the Lanham Act expressly excludes trademark dilution claims in cases of comparative advertising. To date, however, there has been no comprehensive economic analysis of this panorama. This article seeks to fill that gap. In conducting such an analysis, it reveals severe defects in both the American and European rules on comparative advertising. It also provides the basis for a more specific reconceptualization of the field and helps formulate a theoretical and practical framework for lawmaking and policymaking.
Download or read book Marketing Management written by Christie L. Nordhielm and published by John Wiley & Sons. This book was released on 2014-01-07 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: Marketing Management: The Big Picture organizes traditional Marketing Management theory and practice in a conceptually appealing way. The use of well-known examples and consumer commercials throughout the content ensures students will commit to memory and innovative method for structuring and solving marketing problems. The framework constitutes a disciplined approach to connecting marking variables to each other, inextricably linking marketing strategy concepts with their executional implications.
Download or read book Comparative Advertising microform a Comparative Study of Trade mark Laws and Competition Laws in Canada and the European Union written by Manuel Morasch and published by Library and Archives Canada = Bibliothèque et Archives Canada. This book was released on 2004 with total page 158 pages. Available in PDF, EPUB and Kindle. Book excerpt: When advertisers seek to promote their product at the expense of another in terms of quality, performance, sales, price or other attributes, they face not only a public cautious of their claims, but also a broad spectrum of legal rules. These include trade-mark law and competition law statutes, common law torts and self-regulatory mechanisms. This thesis illustrates the variety of legislation and jurisdiction surrounding comparative advertising in both Canada and the European Union, and, within the latter, Germany and the United Kingdom.
Download or read book Trade Mark Dilution in Europe and the United States written by Ilanah Simon Fhima and published by Oxford University Press, USA. This book was released on 2011-11-03 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Legal Implications of Comparative Advertisement written by Prithivi Raj and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The issue of legality of comparative advertising has given rise to numerous debates. The reason lies in the fact that basically a comparative advertisement is likely to give more information than a usual advertisement and there may be likely abuse or it may be beneficial to the consumers. In addition to this, the consumers may accord more emphasis to the comparative advertisements than the non-comparative ones. The advertisers basically advertises with an object to increase his sale of product or services and to inform the consumer about the quality, but the competitor with whom the products are compared is concerned with the way the products are being compared and moreover the reputation and good will are also at stake. In this research paper the Author had also focused upon legal regime relating to comparative advertising in India and also the legal approaches made in European Union, United Kingdom and United States. To probe into the statutory framework of comparative advertising in India the Author has taken International Law and Role of Judiciary to crave out the present position in India.
Download or read book EU Trade Mark Law and Product Protection written by Lavinia Brancusi and published by . This book was released on 2024 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book employs scholarly analysis to ground practical tools for applying the EU Trade Mark law (EUTM) functionality refusal grounds to address business needs when registering trade marks consisting of product characteristics. The study comprehensively examines the absolute grounds for a refusal of registration of functional signs under EUTM. It interprets the functionality refusal grounds through objective tests, focusing on the pro-competition rationale of denying trade mark exclusivity on product features that are technically or aesthetically important for competitors' ability to trade in alternative products. The work takes a comparative approach looking at the US trade dress functionality doctrine, and a law and economics perspective on the role of trade marks and brands in the marketplace. It explores how competition rules related to market definition and the substitutability of products, as well as marketing and design findings related to branding and aesthetics, could be integrated into the legal assessment of EUTM functionality. The volume will be of interest to academics and researchers working in the areas of Intellectual Property Law, Trade Mark and Design Law, EU Law, Comparative Law, and Branding"--
Download or read book The Law of Unfair Competition and Trade marks written by Harry Dwight Nims and published by . This book was released on 1917 with total page 968 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Trademark and Unfair Competition Conflicts written by Tim W. Dornis and published by . This book was released on 2017 with total page 700 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Both in Europe and the United States, a socioeconomic cataclysm of industrialization and market liberalization-including the invention of branding, mass advertising, and marketing psychology-was the driving force behind the construction of modern trademark and unfair competition laws. During the last two centuries, legal doctrine accordingly underwent partly groundbreaking transformations. Many of these account for today's transatlantic dichotomy, particularly in the field of trademark and unfair competition choice of law, or conflicts law. My analysis will focus on the most relevant characteristics of legal doctrine between the eighteenth and twenty-first centuries. I argue that a closer look at conceptual and structural differences, as well as commonalities between European and US law, provides the basis for a reconceptualization of the field"--
Download or read book Recent Developments in Antitrust written by Jay Pil Choi and published by MIT Press. This book was released on 2007 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this volume, specialists from the United States and the European Union examine conceptual and empirical issues involved in antitrust policy in light of recent developments in the field.
Download or read book International Comparative Advertising written by Roslyn S. Harrison and published by New York : International Trademark Association. This book was released on 1997 with total page 121 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Comparative Advertisement and Infringement of Trademarks written by Apoorva Sharma and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The last half of the past century has seen the rise in marketing strategy and the importance of advertisement as a necessary tool to sell products. Companies are ready to go to any length to make their product reach out to public in big way. From using a pug to having alien-like dressed people selling their product, from cola wars we have seen it all. Initially where the focus was to project their product as the best by in numerating its quality, the advertising world has shifted to the fiercer competitive mode of showing my product is better than the other. This type of advertising known as comparative advertising has made the advertising world not only to hire celebrities to sell the product but also to involve trade mark or in a wider term the trade dress of the products. In first part of the paper, I would define what is comparative advertisement and why the rule of trade mark protection be limited to the areas which would confuse the consumers by way of professors Ralph's theory, and why its expansion would result against public interest. In the second part, I would explain how the law have changed for protection of trademark in India with the help of case laws and how it is protected in other countries. In the third part, I would explain how comparative advertisement benefits the consumer and lastly I would like to conclude by highlighting the need of fair competition for consumer welfare.
Download or read book The Law of Comparative Advertising written by Ansgar Ohly and published by Hart Publishing. This book was released on 2000 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intended for the British reader, this volume analyzes the comparative advertising directive, which regulates any advertisement or promotional representation that explicitly or implicitly identifies a competitor. Background is provided both to the regulation of comparative advertising in the UK and Germany and to the passing of the directive itself. Over half the volume is devoted to appendices in which various legal texts from the UK, Germany, and Europe are compared. Annotation copyrighted by Book News, Inc., Portland, OR
Download or read book Intellectual Property and Competition Law written by Gustavo Ghidini and published by Edward Elgar Publishing. This book was released on 2006-01-01 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book ends with a comprehensive selection of the relevant bibliography. This part is all the more valuable to the reader as Ghidini does not simply list the relevant literature but puts it in it general context and comments on it. Ghidini s book is a fascinating trip through the system of IP laws. Beatriz Conde Gallego, Intellectual Property and Competition Law Intellectual Property and Competition Law by Gustavo Ghidini provides a persuasively presented descriptive analysis of a distinctively European perspective on intellectual property law and its relationship to competition law. Professor Ghidini expertly presents the evolution of intellectual property laws and its contemporary manifestations with respect to the expansion copyright law in technological fields and the inevitability conflict with patent law, the attempt at creating monopolies (such as in biotechnology), and so much more. A seminal work of impressive and articulate scholarship, Intellectual Property and Competition Law should be considered mandatory reading for students and researchers in the field of intellectual property rights and a very strongly recommended addition to academic library International Economics and Judicial Studies reference collections. The Economics Shelf, Midwest Book Review . . . the provocative nature of this book is one of its great strengths, as are its cohesiveness and erudition. Mel Marquis, European Competition Law Review We in the United States have much to learn not only from Gustavo Ghidini s careful analysis of modern trends in the European IP regime but also from his thoughtful development of the thesis that free competition should be understood as the overarching principle guiding both IP protection and what we call antitrust law. Rudolph J.R. Peritz, New York Law School, author of Competition Policy in America and American Antitrust Institute, US This rich and challenging book offers a critical appraisal of the relationship between intellectual property law and competition law, from a particularly European perspective. Gustavo Ghidini highlights the deficiencies in studying each of these areas of law independently and argues for a more holistic approach, insisting that it is more useful, and indeed essential, to consider them as interdependent. He does this first by examining how competition and intellectual property (IP) converge, diverge, and inform one another. Secondly, he assesses how IP law can be interpreted through the guiding principles of competition law antitrust and unfair competition and within the overarching principle of free competition. The book traces the evolution of modern IP law, which it claims is marked heavily both by over-protectionist trends such as the extension of copyright law to technological fields, where it trespasses on the territory of patent law and by attempts to monopolize the achievements of basic research, such as in the example of biotechnology. Through an examination of such emerging issues as access to standards of information and patenting of genetic materials, the author makes a clear case for a reading of IP law that promotes dynamic processes of innovation by competition , and competition by innovation , with related benefits to consumer welfare such as wider choices, greater access to culture and information, and lower prices. Advanced students and researchers in all areas of intellectual property will find this book a stimulating alternative to traditional interpretations of the subject.
Download or read book Brands Trademarks and Advertising written by Rodney D. Ryder and published by . This book was released on 2003 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: On the legal protection of brands from copying, counterfeiting, and unfair competition.
Download or read book Refusals to License Intellectual Property written by Ian Eagles and published by Bloomsbury Publishing. This book was released on 2011-12-15 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: Economic analysis rarely appears on the judicial horizon in intellectual property litigation. In competition cases, by contrast, economists are familiar figures in the courtroom and the language of economics is scattered throughout the judgments of even the highest courts. One might expect, therefore, that refusals to license intellectual property would generate the same fruitful symbiosis between law and economics when those refusals surface in competition proceedings. This however, has not been how the law on this subject has developed in most jurisdictions. Courts and enforcement agencies faced with a unilateral refusal to license have instead tended to retreat into sketchily articulated black letter rules and presumptions which then have to be fenced off from the rest of competition law by economically irrelevant qualifications and distinctions based on private law categorisations of, and rationales for, individual intellectual property rights. This bypassing of case-by-case analysis in favour of more traditional modes of legal reasoning is not entirely the fault of lawyers. Economists have contributed to this state of affairs by urging judges and regulators to convert empirically undernourished theories about the proper role of intellectual property in a market economy into rules of law and evidentiary presumptions intended to be binding in future cases. How this came about and what it means for the future of effective competition enforcement globally are the twin concerns of this book.
