Download or read book Search and Persuasion in Trademark Law written by Barton Carl Beebe and published by . This book was released on 2005 with total page 62 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Trademark Law and Theory written by Graeme B. Dinwoodie and published by Edward Elgar Publishing. This book was released on 2008 with total page 555 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. . . this Handbook is perhaps a rare exception to the adage that no book can be all things to all men . Its broad sweep approach and cross cutting themes enable a range of interested parties, such as policymakers; academics in the fields of marketing, business, consumer psychology; in addition to the usual suspects; to dip in and out of the Handbook as they wish. . . a unique and erudite collection of essays concerning trademark law and theory. . . Odette Hutchinson, Communications Law Trademarks is an area of vital, practical everyday concern, and the idea of producing a volume that brings together the perspectives of 19 thoughtful and experienced legal scholars is a bold and exciting initiative. The present volume does not disappoint and the two editors are to be congratulated on orchestrating an ensemble that simultaneously informs and stimulates. The title is apt: it is truly contemporary and is highly theoretical and doctrinal in character, while the interesting choice of the word handbook suggests clearly that this is a work in progress, a snapshot at a particular time of the challenging lines of individual research that each contributor to the volume is undertaking. It is a fine addition to a larger series of research handbooks in intellectual property published by Edward Elgar under the series editorship of Jeremy Phillips. . . The editors have done a fine job in presenting this material in such a clear and coherent fashion. . . this is an excellent and rewarding volume of readings that will be of interest to anyone working in the area of trademarks, whether as an academic or as a practitioner. Indeed, for the practitioner it will be of particular value, in that it contains, and opens up, many areas of inquiry that may not always be apparent when working at the coalface of a particular problem. . . For both kinds of readers, the real value of the volume is to have so many different kinds of perspectives brought together within the space of a single volume. . . this is a handsome production: the publishers and editors are to be commended on the clarity and cleanness of the typeface and headings, the thoroughness of the index, and the accuracy of their proof reading. It has also been given a striking and evocative cover. Sam Ricketson, University of Melbourne Law School Australia, European Intellectual Property Review Trademark Law and Theory is a first-rate exploration of the issues that will dominate trademark law in the 21st century. Authors from five continents provide a truly global perspective on the present and future of trademark law. An exceptional collection of contributors and contributions. Robert Denicola, University of Nebraska, US This compendium is an excellent source of writing on all aspects of trademark law and practice by experts from Europe, the United States, South Africa, Singapore, New Zealand and Australia. It will be a stimulating read for lawyers, academics, students and policymakers alike on the present and developing trends in law and policy relating to trademarks as marketing tools and cultural artefacts. The editors deserve congratulation on their concept for the book and their judicious selection of material. David Vaver, University of Oxford, UK All students, young and older, in the burgeoni
Download or read book U S Trademark Law written by and published by . This book was released on 1997 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Trademark Law written by Adam Brookman and published by Wolters Kluwer. This book was released on 2014-06-13 with total page 1130 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first practical treatise of its kind to approach trademark law from a fully integrated legal and business perspective. It walks you through the major areas of trademark practice: Selecting and adopting trademarks Perfecting, exploiting, and maintaining trademark rights Asserting and defending against trademark claims Business issues in trademark ownership You'll find clear, concise explanations and illustrative case examples to help you take a course of action in the full range of business scenarios. This book covers every key area, including: Trademark selection and adoption Trademark registration Trade dress Conducting due diligence Fair use of the trademarks of others Enforcement letters and more
Download or read book Trademark Law written by Siegrun D. Kane and published by Practising Law Institute. This book was released on 2002 with total page 897 pages. Available in PDF, EPUB and Kindle. Book excerpt: This all-new Fourth Edition of the benchmark one-volume guide to trademark law is marked by extensive new coverage, including vital analysis of: New trade dress case law interpreting the doctrine of utilitarian functionality in the wake of the Supreme Courts TrafFix decision. New issues before the Supreme Court regarding dilution protection under the Federal Trademark Dilution Act New Internet cases on jurisdiction and the effect of UDRP arbitration decisions on federal litigation. New case law under the recently revised Federal Rules of Evidence. Plus updated material on gray market goods and attorney/client and work product privileges, new tips on reaching settlement agreements, and the latest changes to the T.M.E.P. Filled with dozens of forms, documents, checklists, and color exhibits, Trademark Law provides you with all the field-tested, step-by-step guidance you need to select, search, use, reinforce, renew, defend, and expand trademarks. Comprehensive enough to serve new and experienced practitioners on both sides of trademark disputes.
Download or read book Trademark Law the Internet written by Lisa E. Cristal and published by . This book was released on 2001 with total page 704 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Research Handbook on the Law and Economics of Trademark Law written by Glynn S. Lunney Jr. and published by Edward Elgar Publishing. This book was released on 2023-12-11 with total page 467 pages. Available in PDF, EPUB and Kindle. Book excerpt: This discerning and detailed Research Handbook examines the law of trademarks, unfair competition, and dilution from a variety of law and economics perspectives. With a comprehensive exploration of trademarks and trademark law, it provides an excellent illustration of the analytical diversity that the law and economics approach can bring to legal issues.
Download or read book The Business of Trademarks written by Carol Chadirjian and published by Universal-Publishers. This book was released on 2018-03-15 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: We come in contact with many trademarks each day on television, retail stores, Internet. The Business of Trademarks explains why trademarks are so important to businesses and how they identify the manufacturer and guarantee consistent quality to achieve brand loyalty. The Business of Trademarks is intended as a practical guide for those new to trademarks, including attorneys, paralegals and law students requiring a concise, comprehensive book on trademark prosecution to gain the skills and knowledge necessary to perform day-to-day trademark work diligently, confidently and with efficiency. Specific topics covered are: * Trademark searching for clearance * Forms to be filed with the Patent and Trademark Office * Famous trademarks and trade dress * Responding to office actions * Methods of enforcing trademarks * Trademarks in commercial transactions Business of Trademarks is unique from other publications because it explains trademark management from a hands-on approach, including administrative duties which few attorneys handle themselves.
Download or read book Trademark Protection and Freedom of Expression written by Wolfgang Sakulin and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: Trademark law grants right holders an exclusive right to prevent third parties from using a sign. This can readily be seen as the antithesis of freedom of expression, which arguably includes a right of third parties to non-exclusive use of a sign for a variety of purposes, ranging from informing consumers, to voicing criticism or to artistic expression. Drawing on cultural theory and which has shown that society is involved in a constant struggle about shaping the meaning of signs (including trademarks) and this highly original and provocative book contends that trademark law fails to sufficiently differentiate between commercial purpose and the social, political, or cultural meanings carried by one and the same sign. The author shows that the andfunctional approachand to justifying trademark rights taken in current jurisprudence and doctrine is deficient, in that it does not take sufficient account of the fact that trademark rights can restrict the freedom of expression of third parties. Specifically, the exercise of rights granted under the European Trademark Regulation and the national trademark rights harmonized by the European Trademark Directive can cause a disproportionate impairment of the freedom of commercial and non-commercial expression of third parties as protected by Article 10 of the European Convention on Human Rights (ECHR). The authorands in-depth analysis explores such elements as the following: o the economic and ethical rationales of trademark rights; o whether trademark rights under European law can be justified by these rationales; o how freedom of expression can serve as a limitation to trademark rights; o what level of protection such freedom of expression grants to third parties; o the role of trademarks of social, cultural, or political importance in public discourse; o chilling effects on public discourse that can be caused by the exercise of trademark rights; o the interpretation of provisions regulating the grant and revocation of trademark rights in light of freedom of expression; and o the interpretation of the scope of protection and the limitations of trademark rights in light of freedom of expression. In effect, the analysis serves to expand the focus of legislators, courts, and trademark registering authorities from the interests of trademark right holders, who seemingly are granted ever more protection, to the justified interests of third parties. The critical analysis of existing trademark law leads the author to clearly identify the areas of trademark law in which the law needs to be reinterpreted and the areas in which legislative action should be taken, with recommendations for a number of limitations that should aid legislators in drafting concrete amendments. The new insights and imperatives provided by this book are sure to prove useful to both courts interpreting existing provisions of trademark laws and to legislators who are faced with the challenges of drafting new rules or revising existing laws.
Download or read book A Search Costs Theory of Limiting Doctrines in Trademark Law written by Stacey L. Dogan and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Trademarks have value because they reduce consumer search costs and thus promote overall efficiency in the economy. While the search costs theory provides a compelling argument for trademark rights, it also compels an equally important - but often overlooked - set of principles for defining and limiting those rights. Certainly, trademark laws can make it easier and cheaper for consumers to locate products with desired qualities, thus making markets more competitive. Yet if carried too far, trademark law can do the opposite: it can entrench market dominance by leading firms and make it harder for competitors to crack new markets. The evolution of trademark law reflects a continual balancing act that seeks to maximize the informational value of marks while avoiding their use to suppress competitive information.Most of the literature on the search costs theory of trademark law has focused on the theory as a rationale for trademark protection. In this article, we examine its role in supporting trademark defenses. We find that some trademark defenses unambiguously lower consumer search costs and thus promote the goals of trademark law. Another group of defenses, however, involves behavior that increases consumer search costs for some individuals even as it improves economic conditions for others. We believe that these latter defenses - genericness, functionality, and abandonment - may sometimes go too far in accepting increased consumer search costs as the cost of achieving competition. Rather than the all-or-nothing approach suggested by these doctrines, we suggest that consumers would benefit from a more nuanced approach in these doctrines.
Download or read book The Protection of Non Traditional Trademarks written by Irene Calboli and published by Oxford University Press. This book was released on 2019-01-11 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 this area across several jurisdictions. This book provides an overview of the debate and state of the law surrounding non-traditional marks at the international, regional, and national level. In particular, this book addresses relevant international treaties administered by the World Intellectual Property Organization (WIPO) and the Agreement on Trade-Related Aspects to Intellectual Property Rights (TRIPS) as well as several regional and national legislations and leading judicial decisions in order to examine current law and practice culminating in critical reflections and suggestions on the topic. This is an open access title available under the terms of a CC BY-NC-ND 3.0 licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations.
Download or read book Research Handbook on Trademark Law Reform written by Graeme B. Dinwoodie and published by Edward Elgar Publishing. This book was released on 2021-04-30 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: This far-reaching Research Handbook is a follow-up to Graeme B. Dinwoodie and Mark D. Janis’s successful book Trademark Law and Theory. It examines reform of trademark law from a number of perspectives and across many jurisdictions, and contains insights from a stellar cast of trademark scholars.
Download or read book Intellectual Property and Information Wealth written by Peter K. Yu and published by Bloomsbury Publishing USA. This book was released on 2006-12-30 with total page 1978 pages. Available in PDF, EPUB and Kindle. Book excerpt: Until recently, issues of intellectual property were relegated to the experts—attorneys, legal scholars, rightsholders, and technology developers who wrangled over interpretations and enforcement of copyright, patent, and trademark protections. But in today's knowledge-based economy, intellectual property protection has taken on fundamentally new proportions, as a subject of urgency for businesses (whose survival depends on protection of their intangible assets) and as a subject of cultural importance that grabs front-page headlines (as the controversy over Napster and high-profile revelations of plagiarism, for example, have illustrated). This landmark set of essays brings new clarity to the issues, as societies around the world grapple with the intricacies and complexities of intellectual property, and its impact on business, law, policy, and culture. Featuring insights from leading scholars and practitioners, Intellectual Property and Information Wealth provides rigorous analysis, historical context, and emerging practical applications from the public, private, and non-profit sectors. Volume 1 focuses on protections to novels, films, sound recordings, computer programs, and other creative products, and covers such issues as authorship, duration of copyright, fair use of copyrighted materials, and the implications of the Internet and peer-to-peer file sharing. Volume 2 explains the fundamental protections to inventors of devices, mechanical processes, chemical compounds, and other inventions, and examines such issues as the scope and limits of patent protection, research exemptions and infringement, IP in the software and biotech industries, and trade secrets. Volume 3 looks at the protections to distinctive symbols and signs, including brand names and unique product designs, and features chapters on consumer protection, trademark and the first amendment, brand licensing, publicity and cultural images, and domain names. Volume 4 takes the discussion to the global level, addressing a wide range of issues, including not only enforcement of IP protections across borders, but also their implications for international trade and investment, economic development, human rights, and public health.
Download or read book Understanding Basic Trademark Law written by and published by . This book was released on 2005 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Restoring Consumer Sovereignty written by Adrian Kuenzler and published by Oxford University Press. This book was released on 2017-08-18 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: In today's highly concentrated marketplaces, social and cultural values--such as the lifestyle connotations that manufacturers and sellers confer upon their goods--often shape consumers' prior beliefs and attitudes and affect the weight given to new information by consumers who make purchasing decisions in the marketplace. Such consumer goods present the largely unexplored problem of contemporary market regulatory theory according to which an increased amount of product differentiation has rendered everyday purchasing decisions such as the choice between an iPhone or a Samsung Galaxy Note as much a matter of personal identity rather than merely one of tangible product attributes. The basic challenge for market regulators and courts in such an environment is to make markets work effectively by providing a more efficient exchange of information about consumer preferences relating to tangible product features, functions, and quality. This book demonstrates that improved legal policy can assist consumers and increase market efficiency. It acknowledges that once particular beliefs held by consumers have become culturally or socially entrenched, they are very difficult to change. What is more, changing such beliefs is no longer simply a matter of educating people through the provision of additional information. Developing a novel framework through a detailed analysis of case law relating to consumer goods markets, this book delivers an accessible introduction to the law and economics of consumer decision-making, and a forceful critique of contemporary market regulatory policy.
Download or read book Trademark Law written by Richard Stim and published by Cengage Learning. This book was released on 2000 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Copyright is the exclusive legal right to reproduce, publish, sell, perform or prepare derivitives of an original fixed work such as literary, artistic, musical, dramatic or related works. Since copyright is controlled by federal law, this book is a national text that answers every practical question relating to ownership use and transfer of copyrights. It is a practical work that contains forms, regulations and detailed instructions on registering, assigning and acquiring copyright, as well as information about investigating imitations and stopping infringers. There is substantial legal background including references to all major cases as well as historical background inlcuding some emphasis on the landmark decisions of Learned Hand.
Download or read book Kane on Trademark Law written by Siegrun D. Kane and published by . This book was released on 2013-11-07 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Kane on Trademark Law shows you how to select and develop trademarks that won't trigger costly legal disputes; use and maintain trademarks in ways that will protect them over the long term; and license and expand trademark rights to maximize the full value of trademarks. The book also helps you to protect trademarks in court, by showing you how to prove various types of infringement and other legitimate threats. At the same time, this versatile resource highlights a variety of proven legal defenses against claims made by plaintiffs at trial. Included are step-by-step checklists, laborsaving sample forms, and full-color examples of effective trademarks.
