Download or read book Special Protection of Trade Marks with a Reputation under European Union Law written by Michal Bohaczewski and published by Kluwer Law International B.V.. This book was released on 2020-04-09 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt: When a mark acquires a reputation, it becomes a means of attracting consumers by communicating to them various messages going beyond the indication of commercial origin of goods or services. Thus, trade marks familiar to the general public enjoy a special legal protection regime above and beyond that afforded trade marks in general, allowing them to benefit from enhanced protection against reproduction or imitation detrimental to, or taking unfair advantage of, the distinctive character of the mark or its repute. This richly researched book, the first comprehensive guide to current European Union (EU) law and practice concerned with reputed trade marks, conducts an in-depth analysis of this extended protection provided by Regulation 2017/1001 on EU trade marks and Directive 2015/2436 under which it is mandatory across all Member States. Using a practical approach, focused on identifying and analysing the criteria for infringement of trade marks with a reputation in proceedings before civil courts and in administrative proceedings before the European Union Intellectual Property Office (EUIPO) or national trade mark offices, the author addresses such elements of the special protection regime as the following: prerequisites for infringement of the right to a reputed mark common to all recognised forms of infringement; how to demonstrate each type of infringement of the right to the trade mark with a reputation (blurring, tarnishment and unfair advantage); proof of reputation; distinguishing the concept of well-known trade mark; legitimate versus questionable justifications of the ‘due cause’ exception within the meaning of EU law provisions; use of a disputed sign falling under freedom of expression; identifying the role of likelihood of confusion under the special regime; and how to prove the existence of a link between the signs in dispute. The author pays detailed attention to the case law of the Court of Justice and General Court of the EU, as well as cases before the EUIPO and national courts. He takes into account research from a number of Member States (plus Switzerland), thus widening prior work in the field from its predominant English-language context. With this book practitioners will confidently approach cases before courts, the EUIPO and national EU trade mark offices involving enhanced protection of trade marks with a reputation. In addition, the book will help judges and trade mark offices examiners to interpret the EU provisions and assess claims regarding such reinforced protection. For scholars and students of intellectual property law, this book will prove a cornerstone volume in the field.
Download or read book The Historical Foundations of the Law Relating to Trade marks written by Frank Isaac Schechter and published by The Lawbook Exchange, Ltd.. This book was released on 1999 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the exact nature of the right to a trademark? What is the basis of relief in trademark cases of unfair competition? Schechter unravels these problems as he traces the development of the law of trademarks from medieval times to the early twentieth century. ". . . invaluable for starting scholarly research." --Julius J. Marke, A Catalogue of the Law Collection of New York University (1953) 869 "Mr. Schechter has turned up much interesting and hitherto unpublished material concerning the use of guild and artisans' marks in the Middle Ages in England. His chapter (V) on "The Development of Trade Mark Law in the Cutlery Trades," is particularly valuable and contains matter not before in print. It makes understandable the reference to registers of the cutlers' companies in the English Trade Marks Act of 1875." --Edward S. Rogers, Michigan Law Review 24 (1925-1926) 98 Frank Isaac Schechter [1890-1937] received the first doctor of jurisprudence degree given by Columbia University. He was a practicing attorney and authority on trademark law. His father was Solomon Schechter, a Biblical scholar who was the president of the Jewish Theological Seminary and the founder of the United Synagogue of America.
Download or read book Trade Marks and Brands written by Lionel Bently and published by Cambridge University Press. This book was released on 2011-03-03 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Developments in trade marks law have called into question a variety of basic features, as well as bolder extensions, of legal protection. Other disciplines can help us think about fundamental issues such as: what is a trade mark? What does it do? What should be the scope of its protection? This volume assembles essays examining trade marks and brands from a multiplicity of fields: from business history, marketing, linguistics, legal history, philosophy, sociology and geography. Each chapter pairs lawyers' and non-lawyers' perspectives, so that each commentator addresses and critiques his or her counterpart's analysis. The perspectives of non-legal fields are intended to enrich legal academics' and practitioners' reflections about trade marks, and to expose lawyers, judges and policy-makers to ideas, concepts and methods that could prove to be of particular importance in the development of positive law.
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 The Law of Trade marks of the United States and the Principal Foreign Countries written by Luther L. Miller and published by . This book was released on 1903 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Law of Trade Marks written by J Bigland Wood and published by Legare Street Press. This book was released on 2023-07-18 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This authoritative guide to trade mark law is an essential resource for legal professionals and business owners alike. Written by a leading expert in the field, this book offers practical advice on everything from registering a trade mark to enforcing your rights in court. With its clear explanations and user-friendly format, this book is an indispensable reference for anyone dealing with trade marks in their work. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Download or read book Kerly s Law of Trade Marks and Trade Names written by Sir Duncan Mackenzie Kerly and published by . This book was released on 2011 with total page 1454 pages. Available in PDF, EPUB and Kindle. Book excerpt: The definitive practitioner text on the UK law of trade marks and trade names. The book provides trade mark practitioners with a comprehensive analysis of trade mark law through a mix of commentary, case law and legislation.
Download or read book The Historical Foundations of the Law Relating to Trademarks written by Frank Isaac Schechter and published by . This book was released on 1925 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Trade Marks and Free Trade written by Lazaros G. Grigoriadis and published by Springer. This book was released on 2014-05-06 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first study to examine the issue of the legality of parallel imports of trademarked goods under the most important legal systems on an international level, namely under GATT/WTO law, EU law and the laws of the ten major trading partners of the European Union. Part I consists of a general approach to the phenomenon of parallel importation and of a presentation of the theories that have been suggested to resolve the above-mentioned issue. The rule of exhaustion of rights, of which there are three types (rule of national, regional and international exhaustion of rights), is proposed as the most effective instrument to deal with the issue in question. Part II examines the question of exhaustion of trademark rights in light of the provisions of GATT/WTO Law. Part III analyzes the elements of the EU provisions on exhaustion of trademark rights (Articles 7 of Directive 2008/95/EC and 13 of Regulation (EC) 207/2009) and some specific issues relating to the application of these provisions. Part IV presents the regimes of exhaustion of trademark rights recognized in the European Union’s current ten most significant trading partners. The book is the first legal study to welcome, in light of economic analysis, the approach adopted by GATT/WTO law and EU law to the question of the geographical scope of the exhaustion of the trademark rights rule. It includes all the case law developed on an international level on the issue of the legality of parallel imports of trademarked goods and a comprehensive overview of the scientific literature concerning the phenomenon of parallel imports in general and the legality of parallel imports of trademarked goods. All the views expressed in the book are based on the European Court of Justice’s most recent case law and that of the courts of the most important trading partners of the European Union.
Download or read book Trade Marks written by Alison Firth and published by Jordans. This book was released on 2005 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: Trade Marks: Law and Practice is a concise account of UK trade marks law within the European and international context. This second edition deals with all the relevant domestic and international developments. The text incorporates and analyzes the ongoing amendments to the Trade Marks Act 2004, amendments to the Trade Marks Rules 2000, and the expansion of the system of international registration of trade marks under the Madrid Protocol and the International Trademark Treaty. The appendixes include helpful consolidated versions of the Act and the Rules. The work offers a coherent and logical analysis of the legal framework in which trade marks operate. It considers the commercial functions of trade marks and how to use them, how to protect trade marks, and the process of registration, licensing, and assignment.
Download or read book Things to Know about Trade marks written by J. Walter Thompson Company and published by . This book was released on 1911 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Trade Marks Law written by Glen Gibbons and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Suitable for practitioners, university students, solicitors and barristers practising in the area of commercial law, and the law departments of large corporations in Ireland.--
Download or read book A Digest of the Law of Trade marks and Unfair Trade written by Norman Francis Hesseltine and published by . This book was released on 1906 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Kerly s Law of Trade Marks and Trade Names written by Duncan Mackenzie Kerly and published by . This book was released on 2005 with total page 1476 pages. Available in PDF, EPUB and Kindle. Book excerpt: The definitive practitioner text on the UK law of trade marks and trade names. The book provides trade mark practitioners with a comprehensive analysis of trade mark law through a mix of commentary, case law and legislation.
Download or read book The Law of Trade Marks written by John Bigland Wood and published by . This book was released on 1876 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Law of Trade Marks and Trade Name written by Duncan Mackenzie Kerly and published by . This book was released on 1913 with total page 1222 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Law of Unfair Trade written by James Love Hopkins and published by . This book was released on 1900 with total page 518 pages. Available in PDF, EPUB and Kindle. Book excerpt:
