Download or read book Passing Off and Misappropriation written by Peter Joachim Kaufmann and published by Max Planck Institute for Foreign and International Patent Company. This book was released on 1986 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Misappropriation of Trademark written by David W. Barnes and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The dominant view of misappropriation doctrine fits trademark law poorly. It is at odds with contemporary theory and the reasons for protecting intellectual property. A more nuanced view of the Supreme Court's germinal misappropriation case leads to a misappropriation doctrine consistent with both externality theory and public goods theory. IP theory and misappropriation doctrine then lead to rules reflecting a balance between incentive creation and free access. Applying this nuanced interpretation to the issue of Internet initial interest confusion suggests that keyword advertising promotes competition and reduces search costs more than it interferes with incentives to engage in trademarking activity.
Download or read book Introduction to Intellectual Property written by Kerry Bundy and published by . This book was released on 2021-02-24 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction to Intellectual Property provides a clear, effective introduction to patents, copyright, trademarks, and trade secrets. The text may be used by students and instructors in formal courses, as well as those applying intellectual property considerations to entrepreneurship, marketing, law, computer science, engineering, design, or other fields. The luminaries involved with this project represent the forefront of knowledge and experience, and the material offers considerable examples and scenarios, as well as exercises and references.
Download or read book U S Trademark Law written by and published by . This book was released on 1998-12 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Protecting Trademark Good Will written by Marlene B. Hanson and published by . This book was released on 1991 with total page 53 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Trade mark Reporter written by and published by . This book was released on 1991 with total page 892 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Unfair Trade Practices and Intellectual Property written by Roger E. Schechter and published by West Academic Publishing. This book was released on 1993 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: Privilege to Compete; Obtaining Trademark Rights; Types of Trademarks; Shape, Color and Trade Dress; Trademark Infringement; Dilution; Permissible Uses of Another's Mark; Copyrightable Subject Matter; Publication; Copyright Formalities; Joint Works and Works Made for Hire; Rights of Copyright Owners; Copyright Infringement; Fair Use; Misappropriation Doctrine; Right of Publicity; Preemption of State Law; Types of Patents; Patent-Eligible Subject Matter; Novelty; Statutory Bar; Non-Obviousness; Utility; Patent Application Procedure; Patent Infringement; Trade Secret Law; State False Advertising and Disparagement Law; Lanham Act Claims for False Advertising and Disparagement; F.T.C. Unfairness Doctrine; F.T.C. Deception Doctrine; Advertising Substantiation; F.T.C. Remedies; F.T.C. Rule-making; Consumer Remedies; Price Discrimination Under the Robinson-Patman Act; Harm to Primary-Line Competition; Harm to Secondary-Line Competition; Cost Justification and Meeting Competition Defenses; Advertising Allowances; Buyer Liability for Price Discrimination.
Download or read book The Right of Publicity written by Jennifer Rothman and published by Harvard University Press. This book was released on 2018-05-07 with total page 170 pages. Available in PDF, EPUB and Kindle. Book excerpt: Who controls how one’s identity is used by others? This legal question, centuries old, demands greater scrutiny in the Internet age. Jennifer Rothman uses the right of publicity—a little-known law, often wielded by celebrities—to answer that question, not just for the famous but for everyone. In challenging the conventional story of the right of publicity’s emergence, development, and justifications, Rothman shows how it transformed people into intellectual property, leading to a bizarre world in which you can lose ownership of your own identity. This shift and the right’s subsequent expansion undermine individual liberty and privacy, restrict free speech, and suppress artistic works. The Right of Publicity traces the right’s origins back to the emergence of the right of privacy in the late 1800s. The central impetus for the adoption of privacy laws was to protect people from “wrongful publicity.” This privacy-based protection was not limited to anonymous private citizens but applied to famous actors, athletes, and politicians. Beginning in the 1950s, the right transformed into a fully transferable intellectual property right, generating a host of legal disputes, from control of dead celebrities like Prince, to the use of student athletes’ images by the NCAA, to lawsuits by users of Facebook and victims of revenge porn. The right of publicity has lost its way. Rothman proposes returning the right to its origins and in the process reclaiming privacy for a public world.
Download or read book Likelihood of Confusion in Trademark Law written by Richard L. Kirkpatrick and published by . This book was released on 19?? with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This file contains Likelihood of Confusion in Trademark Law by Richard L. Kirkpatrick which provides an overview of the multiple factor test - the generally accepted method of analyzing liklihood of confusion cases - as well as a systematic examination into each one of the key factors used by the courts to determine if likelihood of confusion exists.
Download or read book McCarthy on Trademarks and Unfair Competition written by J. Thomas McCarthy and published by Clark Boardman Callaghan. This book was released on 1996 with total page 1186 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Intellectual Property written by Rochelle Cooper Dreyfuss and published by . This book was released on 2001 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Misappropriation Based Trademark Liability in Comparative Perspective written by Jeremy N. Sheff and published by . This book was released on 2018 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt: This chapter for the Cambridge Handbook on Comparative and International Trademark Law compares the doctrinal strategies deployed by the European Union and United States to serving the anti-misappropriation impulse in trademark law. While the EU's enforcement regime openly embraces anti-misappropriation norms, the ostensible American antipathy to such reasoning finds its expression in the muddled American doctrines of dilution by blurring and post-sale confusion. I show how such doctrines conceal misappropriation-based outcomes under a hodgepodge of weak consumer-psychology-based rationales. I further show how this doctrinal smokescreen does violence to other important American trademark doctrines, such as the first-sale doctrine and the law of contributory liability.
Download or read book Trademark and Unfair Competition Conflicts written by Tim W. Dornis and published by Cambridge University Press. This book was released on 2017-02-23 with total page 699 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book will be of interest for all jurists doing research and working practically in intellectual property law and international economic law. It should be an element of the base stock for every law school library and specialized law firm. This title is available as Open Access.
Download or read book Trademarks Unfair Competition and Business Torts written by Barton Carl Beebe and published by Aspen Publishers. This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Incorporating a mix of seminal and modern cases and materials, this casebook delivers broad coverage of trademarks, unfair competition, and business torts, with ample material on the role of technology. Practice problems in each chapter encourage students to think like practitioners. Ideal for courses on Trademark Law, Unfair Competition, or Business Torts, this casebook features: a broad examination of current trademark and unfair competition law outstanding coverage of false advertising law extensive treatment of the "hot news" doctrine (misappropriation), including the most recent cases a thoughtful survey of business torts, including cases that address tortious interference, trade libel, and related torts such as RICO dynamic pedagogy that spans cutting-edge cases and materials, notes, questions, and hands-on practice problems
Download or read book The Cambridge Handbook of International and Comparative Trademark Law written by Irene Calboli and published by Cambridge University Press. This book was released on 2020-09-24 with total page 1176 pages. Available in PDF, EPUB and Kindle. Book excerpt: Trade in goods and services has historically resisted territorial confinement, but trademark protection remains territorial, albeit within an increasingly important framework of multilateral treaties. Trademark law therefore demands that practitioners, policy-makers and academics understand principles of international and comparative law. This handbook assists in that endeavour, with chapters describing and critically analyzing international and regional frameworks, and providing comparative perspectives on the substantive issues in trademark law and related fields, such as geographic indications, advertising law, and domain names. Chapters contrast common law and civil law approaches while focusing on the US and EU trademark systems in light of the role these systems have played in the development of trademark laws. Additionally, this handbook covers other jurisdictions, both common law and civil law, on the Asia-Pacific, African, and South American continents. This work should be read by anyone seeking a better understanding of trademark law around the world.
Download or read book Goodwill Appropriation as a Distinct Theory of Trademark Liability written by Apostolos Chronopoulos and published by . This book was released on 2014 with total page 57 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contemporary analysis of trademark rights rests on the premise that consumer confusion constitutes the primary, if not the sole, rational basis of protection. Dilution theory has gradually come to be considered an almost undesired exception to the general rule of confusion-based liability and has continuously been shrinking in scope of application. Furthermore, trademark law does not provide for protection against the appropriation of the advertising value attached to trademarks by third parties.Courts and commentators have overemphasized the concerns about overbroad trademark monopolies, criticized the consumption of branded products from an ethical point of view and likened persuasive advertising to a method of wasteful competition.However, economics and marketing tell a different story. Rather than constituting an insurmountable persuasive force the advertising value attached to a trademark constitutes an economic good that is actually demanded by consumers as a complement to some basic product. Competition with branded products increases consumer welfare given that consumers are better off when they have a variety of differentiated products to choose from. Accordingly, the paper constructs a model of trademark protection that rests upon economic models of monopolistic competition.On the other hand, marketing theories on brand extensions illustrate the logic behind claims against non-competing junior uses in connection with unrelated products. The reputation of a senior mark may well confer a competitive advantage upon its user in markets with low levels of differentiation. Conversely, a well-known trademark may serve as a vehicle for penetrating markets where competition with differentiated products is fierce. Strategies of umbrella marketing tend to increase incentives to maintain good quality and promote more dynamic forms of competition such as product line rivalry.Due to their origins in the law of passing-off trademark rights have been long considered as being primarily directed at protecting the consuming public from confusion. But this approach lost sight of the actual way that trademarks are being used in the marketplace and affect competition. In any event, extended trademark protection beyond the paradigm of consumer confusion and dilutive harm would enhance consumer welfare by promoting more dynamic forms of competition with differentiated products.
Download or read book Revitalizing the Doctrine of Trademark Misuse written by William E. Ridgway and published by . This book was released on 2004 with total page 41 pages. Available in PDF, EPUB and Kindle. Book excerpt:
