Trademark protection and freedom of expression : an inquiry into the conflict between trademark rights and freedom of expression under European law / by Wolfgang Sakulin.

Trademark protection and freedom of expression : an inquiry into the conflict between trademark rights and freedom of expression under European law / by Wolfgang Sakulin.

xvi, 403 pages : color illustrations ; 25 cm.

9789041134158

K 32 SAK.T

The interpretation of provisions regulating the grant and revocation of trademark rights in light of freedom of expression; and o the interpretation of the scope of protection and the limitations of trademark rights in light of freedom of expression. In effect, the analysis serves to expand the focus of legislators, courts, and trademark registering authorities from the interests of trademark right holders, who seemingly are granted ever more protection, to the justified interests of third parties. The critical analysis of existing trademark law leads the author to clearly identify the areas of trademark law in which the law needs to be reinterpreted and the areas in which legislative action should be taken, with recommendations for a number of limitations that should aid legislators in drafting concrete amendments. The new insights and imperatives provided by this book are sure to prove useful to both courts interpreting existing provisions of trademark laws and to legislators who are faced with the challenges of drafting new rules or revising existing laws.

Adapted version of the author's thesis--University of Amsterdam, 2010.
Preface and Acknowledgement List of Abbreviations Chapter 1 Introduction Chapter 2 Trademark Rights and Their Rationales Chapter 3 Freedom of Expression as a Possible Limitation to Trademark Rights Chapter 4 Balancing the Grant and Revocation of Trademark Rights with Freedom of Expression Chapter 5 Balancing the Scope of Trademark Rights with Freedom of Expression Chapter 6 Summary and Recommendations Annex Bibliography Table of Cases Index.
Publikacja jest zaktualizowaną wersją dysertacji (2010 r.) pt.: "Trademark protection and freedom of expression. An inquiry into the conflict between trademark rights and freedom of expression under European, German and Dutch law".
The interpretation of provisions regulating the grant and revocation of trademark rights in light of freedom of expression; and o the interpretation of the scope of protection and the limitations of trademark rights in light of freedom of expression. In effect, the analysis serves to expand the focus of legislators, courts, and trademark registering authorities from the interests of trademark right holders, who seemingly are granted ever more protection, to the justified interests of third parties. The critical analysis of existing trademark law leads the author to clearly identify the areas of trademark law in which the law needs to be reinterpreted and the areas in which legislative action should be taken, with recommendations for a number of limitations that should aid legislators in drafting concrete amendments. The new insights and imperatives provided by this book are sure to prove useful to both courts interpreting existing provisions of trademark laws and to legislators who are faced with the challenges of drafting new rules or revising existing laws.

Includes bibliographical references (pages 359-379) and index.

Z01 02 HC 45048

[Austin, Texas] : Wolters Kluwer Law & Business, 2011.

eng