Trade Marks and Brands : An Interdisciplinary Critique.

Cover
Half-title
Series-title
Title
Copyright
Contents
List of figures and tables
Notes on the contributors
Editors' preface
Table of cases
Table of statutes
Part I: Legal and economic history
1 The making of modern trade mark law: the construction of the legal concept of trade mark (1860-1880)
The situation in mid-century
The development of a law of trade marks, 1860-1875
The debate over the nature of a trade mark
The meaning of trade mark
Names
Other indicia
How did 'trade marks' differ from other markings on goods?.

Trade marks as indicators of geographic origin
Towards a 'modern' definition of trade marks1875-1888
Consolidating the idea of a trade mark
Extending protection to word marks
From positive to negative definition
Multilateral protection
2 The making of modern trade mark law: the UK, 1860-1914. A business history perspective
Trade marks and business history
Was the Trade Marks Registration Act of 1875 a success?
Geographical Indications: from individual to community protection
Conclusions
Part II: Current positive law in the EU and the USA.

3 Between a sign and a brand: mapping the boundaries of a registered trade mark in European Union trade mark law
1 The registered trade mark as a sign
2 Limiting the domain of registrable signs
3 Protecting the trade mark as a brand
4 Between a sign and a brand
4 ''See me, feel me, touch me, hea[r] me'' (and maybe smell and taste me too): I am a trademark - a US perspective
What is (and is not) a trademark?
Scope of protection
Part III: Linguistics.

5 'How can I tell the trade mark on a piece of gingerbread from all the other marks on it?' Naming and meaning in verbal trade mark signs
Introduction
The distinctive/descriptive contrast
Risk of 'ordinary language confusion'
Specialized, technical sensestrade mark law
Distinctive
Descriptive
Secondary meaning
Generic
Specialized, technical sensesthe study of language
Distinctive
Descriptive
Names and their capabilities
Calculating signs for meaning 'on the market'
The 'avoid descriptive' imperative
Senses in action
Trade mark meaning and use.

Infringement and 'non-trade mark use' as a defence
Interpretive use and parody
Conclusion
6 What linguistics can do for trademark law
Introduction
1 The limits of realitytrademark law and linguistic meaning
A Signs functioning in principle
B Departures from reality or more complex reality
2 Linguistics reinforcing lessons for legal scholars
3 Linguistics informing the further development of trademark thought
A The role of registration systems
B Permissible uses
Conclusion
Part IV: Marketing
7 Brand culture: trade marks, marketing and consumption.

Visual consumption.