Download or read book Trademark Dilution written by Tony Martino and published by Oxford University Press, USA. This book was released on 1996 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: What remedy does a car manufacturer have to prevent the use of its trade mark for cosmetics, confectionery, office furniture, or any one of a number of dissimilar uses? Except in cases of public deception, the answer was none until the doctrine of trade mark dilution was first introduced into English law and into much of Europe with the advent of the Trade Marks Act 1994 and the EC Trade Marks Directive. This doctrine, `misunderstood, misconstrued, and misapplied' since it was introduced into American law nearly 70 years ago, exists to prevent one trader taking unfair advantage of the name or mark, usually well established, of one business and using it for the exploitation of goods in areas in which the well-known trader is not presently active. This controversial and complex area of law is now of very considerable interest to lawyers, trade mark and patent agents and their business clients throughout the European Union where specific anti-dilution provisions have been widely introduced. Its appearance is timely given the uncertainty about the relevant provisions of the Trade Marks Act 1994 and there can be no doubt that practitioners in the field will be eager to buy and read this book.
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 Trademark Dilution and Free Riding written by Daniel R. Bereskin and published by Edward Elgar Publishing. This book was released on 2023-12-11 with total page 607 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by a team of international experts, marshalled by one of the world’s foremost trademark lawyers, Trademark Dilution and Free Riding is the leading comparative work on trademark dilution. This book is a must-have resource for trademark professionals worldwide, and will also stand as a valuable reference point for intellectual property scholars.
Download or read book Trademark Dilution Revision Act of 2005 written by United States. Congress. House. Committee on the Judiciary and published by . This book was released on 2005 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Trademark Dilution written by Amir Friedman and published by Austin Macauley Publishers. This book was released on 2022-05-31 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: The world has changed materially since the foundation of traditional trademark laws, according to which the purpose of a trademark was to serve as a differentiating source indicator, preventing source confusion in the marketplace. Traditionally, trademarks protected the public from likelihood of confusion, assisted in consumer decisions and reduced search costs. The need to award a special scope of protection to famous trademarks from use on non-competing goods was first discussed in Kodak in 1898, holding that the use of the word Kodak for a bicycle company does not mislead consumers but takes unfair advantage of reputation. However, the most significant point in the evolution of dilution, in its early stages, was the case of Odol decided in 1924, which was the first to acknowledge the need to protect the advertising power of trademarks from being diluted, even in the absence of a likelihood of confusion. This book will provide that dilution is a ‘sui generis’ brand remedy applicable to reputed trademarks in accordance to their aggregated inherent and acquired strength. The book will address the non-harmonised nature of dilution, which reflects a problem in an age of borderless trade and cyber commerce and emphasises the need to answer the question: To what extent should reputed trademarks be protected by dilution beyond the traditional trademark protection from likelihood of confusion? The book includes a proposal for an operative legal framework based on conclusions and distinctions derived from the comparison of dilution, as adopted and interpreted in different areas of the world, comparative case studies and comparison with neighbouring legal rights, such as Tort Law, Unfair Competition, Moral Rights, Equitable Rights, Publicity Rights and Unlawful Enrichment.
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 Federal Trademark Dilution Act written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, the Internet, and Intellectual Property and published by . This book was released on 2002 with total page 106 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Trademark Dilution written by David S. Welkowitz and published by . This book was released on 2012 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Committee Print to Amend the Federal Trademark Dilution Act written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, the Internet, and Intellectual Property and published by . This book was released on 2004 with total page 64 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Trademark Dilution Revision Act of 2005 written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, the Internet, and Intellectual Property and published by . This book was released on 2005 with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Trademark Dilution written by David S. Welkowitz and published by Bureau of National Affairs. This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Trademark Dilution Law written by Amanda S. Reid and published by . This book was released on 2004 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Intellectual Property Law written by D. Vaver and published by Essentials of Canadian Law. This book was released on 2011 with total page 835 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most important treatises on the subject in Canada for scholars, practitioners, policy analysts and students alike. The book has been cited as a leading authority by all levels of courts, including the Supreme Court of Canada.
Download or read book Trademarks and Social Media written by Danny Friedmann and published by Edward Elgar Publishing. This book was released on 2015-09-25 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Trademark Dilution written by BNA Books and published by . This book was released on 2002 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Trademark Guide written by Lee Wilson and published by . This book was released on 1998 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Trademark Guide: A Friendly Handbook for Protecting and Profiting from Trademarks is an invaluable reference tool for both businesses and individuals looking to master the law and glean the best strategies for benefitting from trademarks. Clear-cut and completely up-to-date, this comprehensive guide covers what can and cannot be protected, duration and scope of protection, notice and registration, how to avoid and evaluate infringement, and how trademarks are used and abused in the marketplace.
Download or read book Madrid Protocol Implementation Act and Federal Trademark Dilution Act of 1995 written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts and Intellectual Property and published by . This book was released on 1996 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt:
