Special Protection of Trade Marks with a Reputation under European Union Law

Special Protection of Trade Marks with a Reputation under European Union Law
Author :
Publisher : Kluwer Law International B.V.
Total Pages : 469
Release :
ISBN-10 : 9789403519913
ISBN-13 : 9403519916
Rating : 4/5 (13 Downloads)

Synopsis Special Protection of Trade Marks with a Reputation under European Union Law by : Michal Bohaczewski

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.

TM

TM
Author :
Publisher : Princeton Architectural Press
Total Pages : 292
Release :
ISBN-10 : 1568982569
ISBN-13 : 9781568982564
Rating : 4/5 (69 Downloads)

Synopsis TM by : Ivan Chermayeff

The NBC peacock, the PBS "everyman," the Chase Bank octagon, and hundreds of other outstanding trademarks have been created by one design firm, Chermayeff & Geismar Inc. Their logos and identity programs for high-profile corporations such as Mobil, Time Warner, Viacom, and Xerox, and for preeminent institutions such as the New York Public Library, Alvin Ailey Dance, the Smithsonian Institution, and the Museum of Modern Art, are instantly recognizable hallmarks of design. TM collects over 200 trademarks created over the 40-year history of the firm, which is led by Ivan Chermayeff, Tom Geismar, and Steff Geissbuhler. The variety and vitality of their work is reflected in this visually rich book, which serves an inspiration for designers as well as a reference to the best in trademark design.

The Book of American Trade Marks

The Book of American Trade Marks
Author :
Publisher :
Total Pages :
Release :
ISBN-10 : 0910158312
ISBN-13 : 9780910158312
Rating : 4/5 (12 Downloads)

Synopsis The Book of American Trade Marks by : David E. Carter

McCarthy on Trademarks and Unfair Competition

McCarthy on Trademarks and Unfair Competition
Author :
Publisher : Clark Boardman Callaghan
Total Pages : 1186
Release :
ISBN-10 : STANFORD:36105060468274
ISBN-13 :
Rating : 4/5 (74 Downloads)

Synopsis McCarthy on Trademarks and Unfair Competition by : J. Thomas McCarthy

Trade-marks

Trade-marks
Author :
Publisher :
Total Pages : 88
Release :
ISBN-10 : MINN:31951D03583310Q
ISBN-13 :
Rating : 4/5 (0Q Downloads)

Synopsis Trade-marks by : United States. Congress. House. Committee on Patents

Trade Marks and Brands

Trade Marks and Brands
Author :
Publisher : Cambridge University Press
Total Pages : 0
Release :
ISBN-10 : 0521187923
ISBN-13 : 9780521187923
Rating : 4/5 (23 Downloads)

Synopsis Trade Marks and Brands by : Lionel Bently

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.

The Historical Foundations of the Law Relating to Trade-marks

The Historical Foundations of the Law Relating to Trade-marks
Author :
Publisher : The Lawbook Exchange, Ltd.
Total Pages : 246
Release :
ISBN-10 : 9781584770350
ISBN-13 : 158477035X
Rating : 4/5 (50 Downloads)

Synopsis The Historical Foundations of the Law Relating to Trade-marks by : Frank Isaac Schechter

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.

Trademarks & Symbols: Symbolical designs

Trademarks & Symbols: Symbolical designs
Author :
Publisher : New York ; Toronto : Van Nostrand Reinhold
Total Pages : 200
Release :
ISBN-10 : PSU:000004705987
ISBN-13 :
Rating : 4/5 (87 Downloads)

Synopsis Trademarks & Symbols: Symbolical designs by : Yasaburo Kuwayama

A comprehensive, profusely illustrated guide to more than 1,500 trademark from all over the world. The trademark designs in this volume are based on letter forms and arranged alphabetically. To make the book easy to use it has three indexes: 1. Index of names of companies represented. 2. Index of type of industry, business, product or service. 3. Index of designers.

Registration of Trade-marks

Registration of Trade-marks
Author :
Publisher :
Total Pages : 188
Release :
ISBN-10 : LOC:00112469187
ISBN-13 :
Rating : 4/5 (87 Downloads)

Synopsis Registration of Trade-marks by : United States. Congress. Senate. Committee on Patents