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\def\WIPO{World Intellectual Property Organisation}
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Linguistic battles in trademark disputes / Roger Shuy.
2002
K 325 SHU.L
Available at WIPO Library
Items
Details
Title
Linguistic battles in trademark disputes / Roger Shuy.
Author
Shuy, Roger W., author.
Description
x, 208 pages ; 23 cm
ISBN
0333997581
9780333997581 cloth
9780195181661
0195181662
9780333997581 cloth
9780195181661
0195181662
Alternate Call Number
K 325 SHU.L
Summary
"Can a large corporation actually own English words or prefixes? Should dictionaries be used to describe how language is used by the public? How can linguistics help lawyers in their trademark cases? What do lawyers need to know about how language works in order to win their cases? In this book, Professor Shuy addresses and illustrates these questions, noting the differences between linguistics and law in their underlying assumptions, values and beliefs about knowledge authority and power. His experience in ten sample trademark cases frames the discussion. In five of these cases, the testimony of linguists opposing his testimony is also presented, offering different linguistic perspectives on the same issues. The book concludes with suggestions first for lawyers, and then for linguists, as they work on trademark cases together. The book is timely, since trademark cases are largely about language and more and more corporations and lawyers are turning to linguists for help."--Jacket.
Note
Battles over knowledge, authority and power are often fought when two different fields address the same issues. This book takes a step towards showing how quite different fields, law and linguistics, can work together effectively in trademark cases.
Bibliography, etc. Note
Includes bibliographical references (pages 201-203) and index.
Formatted Contents Note
The battle over linguists and law; a very brief introduction to linguistics for lawyers; generic versus secondary meaning
Registry Hotel versus Hospitality Mgt; teaching a jury about meaning
Warren versus Prestone; sounding alike and meaning alike
ConAgra versus Hormell; descriptiveness
nouns and modifiers
Woodroast versus Restaurants Unlimited; the meaning of a patronymic prefix
Quality Inns versus McDonalds; sounding, looking and meaning different
AMR Pharm versus American Home Products; differences in the ingredients, qualities and characteristics of the products
Pyewacket versus Mattel; going beyond competing, company and product names
AutoNation USA versus CarMax; using foreign language words in trademarks
Alixandre Furs versus Alexandros Furs; disclaiming dealership authorization
Matrix Essentials versus F & M Distributors; using linguistics tools and thinking in trademark disputes; some suggestions for linguists; some suggestions for attorneys; power, control and the ownership of language; cases discussed.
Registry Hotel versus Hospitality Mgt; teaching a jury about meaning
Warren versus Prestone; sounding alike and meaning alike
ConAgra versus Hormell; descriptiveness
nouns and modifiers
Woodroast versus Restaurants Unlimited; the meaning of a patronymic prefix
Quality Inns versus McDonalds; sounding, looking and meaning different
AMR Pharm versus American Home Products; differences in the ingredients, qualities and characteristics of the products
Pyewacket versus Mattel; going beyond competing, company and product names
AutoNation USA versus CarMax; using foreign language words in trademarks
Alixandre Furs versus Alexandros Furs; disclaiming dealership authorization
Matrix Essentials versus F & M Distributors; using linguistics tools and thinking in trademark disputes; some suggestions for linguists; some suggestions for attorneys; power, control and the ownership of language; cases discussed.
Series
Published
Basingstoke [U.K.] : Palgrave/Macmillan, 2002.
Language
Danish
Record Appears in
all
Review
"Can a large corporation actually own English words or prefixes? Should dictionaries be used to describe how language is used by the public? How can linguistics help lawyers in their trademark cases? What do lawyers need to know about how language works in order to win their cases? In this book, Professor Shuy addresses and illustrates these questions, noting the differences between linguistics and law in their underlying assumptions, values and beliefs about knowledge authority and power. His experience in ten sample trademark cases frames the discussion. In five of these cases, the testimony of linguists opposing his testimony is also presented, offering different linguistic perspectives on the same issues. The book concludes with suggestions first for lawyers, and then for linguists, as they work on trademark cases together. The book is timely, since trademark cases are largely about language and more and more corporations and lawyers are turning to linguists for help."--Jacket.