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Intellectual Property at the Edge : The Contested Contours of IP.
2014
Details
Title
Intellectual Property at the Edge : The Contested Contours of IP.
Item Type
Book
Description
1 online resource (492 pages).
ISBN
9781139906654 electronic book
Summary
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.
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.
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
Published
Cambridge : Cambridge University Press, 2014.
Language
English
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