Intellectual Property at the Edge exposes and analyses newly emerging intellectual property rights and limitations from historical and comparative law perspectives.
Note
Description based upon print version of record. Intellectual Property at the Edge exposes and analyses newly emerging intellectual property rights and limitations from historical and comparative law perspectives.
Formatted Contents Note
Cover Half title Series title Title Copyright Contents Figures Tables Contributors Editors' Preface Table of Cases Introduction: A real property lawyer cautiously inspects the edges of intellectual property Part I Right of publicity 1 Haelan Laboratories v. Topps Chewing Gum: Publicity as a legal right Evolution of the right Haelan v. Topps Celebrity image in relationship to advertisements and products Celebrity as advertisement Celebrity as product Conclusion.
2 Do the French have their own "Haelan" case? The droit à l'image as an emerging intellectual property right The Fiorucci case The Bordas case The Ducasse case The Hallyday case Conclusion 1. Property rights in personality are not subject to a coherent regime under French law 2. Commentators have a tendency to see a new form of intellectual property in property rights in personality, and even a kind of "neighboring right"38 Part II Dilution.
3 The suppressed misappropriation origins of trademark antidilution law: The Landgericht Elberfeld's Odol Opinion and Frank Schechter's "The Rational Basis of Trademark Protection" The Odol case Schechter's revision of the Odol case in "Rational Basis" The many faces of dilution in "Rational Basis" Conclusion: Schechter's (and Callmann's) legacy 4 Dilution as unfair competition: European echoes Introduction Transatlantic comparativism Dilution provisions in European Union trademark law Readings of Schechter.
European dilution provisions Misappropriation as only part of dilution Unfair competition protection in Europe `True functions' and misappropriation as formalism Conclusion Part III Geographical indications 5 Spanish Champagne: An unfair competition approach to GI protection Introduction The penal prosecution: interests and repercussions The Spanish Champagne decisions Extending 'extended' passing off Conclusion 6 A Cognac after Spanish Champagne? Geographical indications as certification marks.
An introduction (to American champagne) The Cognac cases Certification marks GIs as certification marks The role of the state in protecting GIs Transferability The (greater) value of GIs Cultural resources and traditional knowledge Looking ahead Part IV Design protection 7 The Fashion Originators' Guild of America: Self-help at the edge of IP and antitrust 8 Protection for fashion: The European experience Introduction Germany: pre-harmonization protection for fashion The path to European harmonization.
Claims for subsequent protection: The Benetton cases.
Series
Cambridge Intellectual Property and Information Law.
Available in Other Form
Print version: Dreyfuss, Rochelle Cooper Intellectual Property at the Edge : The Contested Contours of IP Cambridge : Cambridge University Press,c2014