Download or read book Trademark Goodwill as a Public Good written by Margaret Chon and published by . This book was released on 2017 with total page 41 pages. Available in PDF, EPUB and Kindle. Book excerpt: Powerful brands dominate our transnational landscapes. Brand value -- referred to in law as trademark goodwill -- is co-created by trademark owners and the consumers of their products and services. Commonly defined as all possible sources of consumer patronage, trademark goodwill is critically important not only for business ability to attract and retain customers, but also for its regulatory capacity to signal process characteristics such as environmental impact or labor standards. This Article focuses on the role of trademark goodwill in signaling sustainability standards as key informational components of corporate social responsibility. In this view of trademark goodwill, brands potentially provide highly public platforms for interaction by firms and their customers to further various public and private policies. Brand value could play a more significant role in conveying robust corporate social responsibility efforts to consumers,thereby creating market-differentiation mechanisms for brand owners, improving firm efficiency, and increasing supply chain sustainability -- not to mention contributing to more meaningful choices for consumers participating in now ubiquitous global value networks. In short, trademark goodwill performs a critical public, communicative function and therefore is a key public good within a regulatory governance framework.
Download or read book Goodwill in Passing Off written by Ng, Catherine and published by Edward Elgar Publishing. This book was released on 2021-07-31 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Trademarks and Business Goodwill written by Thomas G. Field and published by . This book was released on 1990 with total page 8 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Revisiting the Philosophical Foundations of Trademarks in the US and UK written by Mohammad Amin Naser and published by Cambridge Scholars Publishing. This book was released on 2009-12-14 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book challenges the philosophical foundations of current trademark systems in the USA and the UK. It argues that the process of trademark creation should be transformed to the more practical and realistic proposition of “co-authorship” of trademarks by both the public and trademark owners. The book develops the “Economic-Social Planning justification”, which departs from the economic argument that trademarks reduce consumer search costs, and then proposes that trademarks should be formulated in a manner which helps foster a just and attractive culture. Trademarks are thus seen as source and origin identifiers, rather than quality identifiers. The book focuses on the often ignored role of the public and their rights in trademarks and calls for the adoption of the confusion rationale for trademark protection, not the dilution individualistic rationale. The two jurisdictions of this book prove adverse effects over the rights of the public in terms of using trademarks in cultural and expressive contexts, thereby threatening the principles of freedom of expression as a human fundamental right.
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 Great Debates in Commercial and Corporate Law written by Andrew Johnston and published by Bloomsbury Publishing. This book was released on 2020-02-29 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: An exciting new textbook which presents critical perspectives on corporate and commercial law. Focussing on the key areas of trade and transactions, intellectual property, corporations and finance, it covers each of the areas of commercial and company law that would typically be offered to undergraduate and postgraduate law students. The chapters are written by acknowledged experts in the field and are aimed at undergraduates, post graduates and lecturers who wish to further their understanding of this area. Each of the authors focuses on an area within their subject and draws out the political, the controversial and the discursive, providing essential reading for undergraduate dissertation topics and postgraduate analysis.
Download or read book Perspectives on Commercializing Innovation written by F. Scott Kieff and published by Cambridge University Press. This book was released on 2011-11-21 with total page 597 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intellectual property is a vital part of the global economy, accounting for about half of the GDP in countries like the United States. Innovation, competition, economic growth and jobs can all be helped or hurt by different approaches to this key asset class, where seemingly slight changes in the rules of the game can have remarkable impact. This book brings together diverse perspectives from the fields of law, economics, business and political science to explore the ways varying approaches to intellectual property can positively and negatively impact our economy and society. Employing approaches that are both theoretically rigorous and grounded in the real world, Perspectives on Commercializing Innovation is well suited for practising lawyers, managers, lawmakers and analysts, as well as academics conducting research or teaching in a range of courses in law schools, business schools and economics departments, at either the undergraduate or graduate level.
Download or read book The Cambridge Handbook of Intellectual Property and Social Justice written by Steven D. Jamar and published by Cambridge University Press. This book was released on 2023-12-31 with total page 1019 pages. Available in PDF, EPUB and Kindle. Book excerpt: Protection for intellectual property has never been absolute; it has always been limited in the public interest. The benefits of intellectual property protection are meant to flow to everyone, not just a limited population of creators and the corporations that represent them. Given this social-utility function, intellectual property regimes must address issues of access, inclusion, and empowerment for marginalized and excluded groups. This handbook defines an approach to considering social justice in intellectual property law and regulation. Top scholars in the field offer surveys of social justice implementation in patents, copyright, trademarks, trade secrets, rights of publicity, and other major IP areas. Chapters define Intellectual Property Social Justice theory and include recommendations for reforming aspects of IP law and administration to further social justice by providing better access, more inclusion, and greater empowerment to marginalized groups.
Download or read book Intellectual Property and Clean Energy written by Matthew Rimmer and published by Springer. This book was released on 2018-10-26 with total page 686 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection considers the future of climate innovation after the Paris Agreement. It analyses the debate over intellectual property and climate change in a range of forums – including the climate talks, the World Trade Organization, and the World Intellectual Property Organization, as well as multilateral institutions dealing with food, health, and biodiversity. The book investigates the critical role patent law plays in providing incentives for renewable energy and access to critical inventions for the greater public good, as well as plant breeders’ rights and their impact upon food security and climate change. Also considered is how access to genetic resources raises questions about biodiversity and climate change. This collection also explores the significant impact of trademark law in terms of green trademarks, eco labels, and greenwashing. The key role played by copyright law in respect of access to environmental information is also considered. The book also looks at deadlocks in the debate over intellectual property and climate change, and provides theoretical, policy, and practical solutions to overcome such impasses.
Download or read book The Law and Practice of Trademark Transactions written by Irene Calboli and published by Edward Elgar Publishing. This book was released on 2016-02-26 with total page 681 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law and Practice of Trademark Transactions is a comprehensive analysis of the law governing trademark transactions in a variety of legal and business contexts, and from a range of jurisdictional and cross-border perspectives. After mapping out the international legal framework applicable to trademark transactions, the book provides an analysis of important strategic considerations, including: tax strategies; valuation; portfolio splitting; registration of security interests; choice-of-law clauses; trademark coexistence agreements, and dispute resolution mechanisms. Key features include: • A comprehensive overview of legal and policy-related issues • A blend of approaches underpinning strategic considerations with analytical rigour • Regional coverage of the key characteristics of trademark transactions in a range of jurisdictions • Authorship from renowned trademark experts Practitioners advising trademark owners, including trademark attorneys, will find this book to be an invaluable resource for their practice, particularly where cross-border issues arise. It will also be a key reference point for scholars working in the field.
Download or read book Quality Stabilization written by United States. Congress. Senate. Committee on Commerce and published by . This book was released on 1964 with total page 726 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book How Law Works Collected Articles and New Essays written by Thomas Hemnes and published by Vernon Press. This book was released on 2021-03-02 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book chronicles developments in legal practice, intellectual property, and privacy law from the dawn of the digital age to today’s world of social media and cloud technologies. Part autobiography, part legal history, and part philosophy of law, this volume explores a variety of subjects including the nature of legal reasoning, property, privacy, and personal identity. In addition, it tackles larger issues grounded on meticulous research into the legal protection for computer software, the mechanics of software licensing, the use of intellectual property rights in secured lending and trademark selection, registration and maintenance. Hemnes weaves through the complexity of these issues and examines how the promises of the early digital age in the 20th century declined into the rampant factionalism, nationalism, and terrorism of the early 21st century. An indispensable resource for anyone studying the emergence of intellectual property rights as a cornerstone of the modern economy, this book also serves as a foundational reference tool for professors, students, and practitioners of intellectual property. Furthermore, the valuable information contained within its pages; from the very basics of computer software protection to the intricacies of negotiation strategy for indemnification clauses in intellectual property licenses, warrants its place on the library shelves of every practitioner of intellectual property and privacy law and on the reading list of every intellectual property, privacy and jurisprudence course.
Download or read book The Psychology Behind Trademark Infringement and Counterfeiting written by J. L. Zaichkowsky and published by Psychology Press. This book was released on 2020-04-01 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: As those involved in commerce are aware, preventing competitors and others from imitating successful brands is a difficult and costly task. This book serves to inform the reader concerning complexities of the issues of brand imitation, integrating the disciplines of psychology, business, and law to the area of trademark infringement and counterfeiting. Principles and theories from psychology and how they are relevant to consumers' perceptions in the marketplace are used to explain why competitors steal the intellectual property of another company or entity. The possibility of brand imitation or counterfeiting should be contemplated in designing new products or brand packaging, just as it is in the printing of currency. It is the intent of The Psychology Behind Trademark Infringement and Counterfeiting to provide those involved in commerce with some understanding, some ideas, and perhaps some strategy for building differentiated brands that are easy to protect. Brand managers, expert witnesses to trademark cases, intellectual property lawyers, and academics of consumer behavior and marketing will find this book useful to understanding consumer motives and processes of trademark infringement and counterfeiting. It could be used as a textbook in courses on marketing.
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 Charting Limitations on Trademark Rights written by Haochen Sun and published by Oxford University Press. This book was released on 2023-04-15 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: Trademark scholarship has focused largely on the protection of trademark rights against consumer confusion and the dilution of trademarks. Studies of limitations on trademark rights, meanwhile, have remained relatively peripheral, especially in jurisdictions outside of the United States. However, this reality is incongruous with the importance of the limitations, such as descriptive and nominative uses, in promoting freedom of commerce, market competition, free speech, and cultural dynamics. Against this backdrop, Charting Limitations on Trademark Rights is the first comprehensive academic volume detailing limitations in trademark rights from both theoretical and comparative perspectives. The book presents new theoretical perspectives to justify trademark rights limitations, re-examines the nature of these limitations, delineates the scope of the limitations, and offers comparative studies of the limitations. With contributions from leading trademark scholars in the EU, US, and Asia, this is a must read for scholars, students, practitioners, and policymakers with an interest in the theories, policies, and doctrines of trademark law.
Download or read book Proposed Amendments to Federal Transportation Laws written by United States. Congress. Senate. Committee on Commerce and published by . This book was released on 1962 with total page 1354 pages. Available in PDF, EPUB and Kindle. Book excerpt:
