\(
\def\WIPO{World Intellectual Property Organisation}
\)
Details
Title
Trademark and Unfair Competition Law
Author
Imprint
Cheltenham : Edward Elgar Pub. Ltd., 2014.
Item Type
Book
Description
1 online resource (1 v.) ; cm.
ISBN
9781784713294 (e-book)
Summary
This comprehensive two-volume collection of leading articles in trademark and unfair competition law spans almost a century and three continents, bringing together the most influential and significant scholarly work in this exciting field. These essential volumes, with a new and original introduction by two leading contemporary writers, are organised in a way that highlights essential concepts and will be invaluable both for those taking their first steps in the area and for those seeking to re-acquaint themselves with the classics.
Formatted Contents Note
Volume I:
Acknowledgements
Introduction - A Century of Trademark Law Scholarship
Part I: History - 1. The Genesis of the Modern Law in Relating to Trade-Marks. 2. How Early did Anglo-American Trademark Law Begin? An Answer to Schechter’s Conundrum
Part II: Justifications - 3. Trade Mark Rights – A Justification Based on Property. 4. From Communication to Thing: Historical Aspects of the Conceptualization of Trademarks as Property. 5. Trade-Marks and the Monopoly Phobia. 6. Daniel M. McClure (1979) ‘Trademarks and Unfair Competition: A Critical History of Legal Thought. 7. Trademark Law: An Economic Perspective. 8. The Mark as Expression/The Mark as Property.
Part III: Passing off - 9. Unfair Competition and ‘’Passing Off’’: The Flexibility of a Formula. 10. Passing-off, Goodwill and False Advertising: New Wine in Old Bottles. 11. Dilution and Passing Off: Cause for Concern.
Part IV: Unfair Competition - 12. What is Unfair Competition? 13. Federal Unfair Competition Law at the End of the First Decade of the Lanham Act: Prologue or Epilogue? 14. Unfair Competition and the Misappropriation of a Competitor’s Trade Values. 15. Why the United Kingdom Should Have a Law Against Misappropriation.
Part V: Functions of Marks - 16. Advertising and the Public Interest: Legal Protection of Trade Symbols. 17. Breakfast with Batman: The Public Interests in the Advertising Age. 18. Trademarks and Marketing. 19. Extract from ‘Functions: What Should be Protected and Why’, in Intellectual Property: Omnipresent, Distracting, Irrelevant?
Part VI: The Consumer and Other Metrics - 20. Search and Persuasion in Trademark Law. 21. Locating the Average Consumer: His Judicial Origins, Intellectual Influences and Current Role in European Trade Mark Law. 22. Enforcement Costs and Trademark Puzzles.
Volume II:
Acknowledgements
An Introduction to both volumes by the editors appear in volume I
A Century of Trademark Law Scholarship
Part I: Registration Statutes - 1. The Trouble with Trademark. 2. The New European Trade Marks Regime.
Part II: Subject Matter and Validity. 3. Trade-Marks and Trade Names – An Analysis and Synthesis. 4. Making Sense of Trade Mark Law. 5. The Distinctive Problem of European Trade Mark Law
Part III: Functionality - 6. The Death of Ontology: A Teleological Approach to Trademark Law. 7. Notes, The Problem of Functional Features: Trade Dress Infringement Under Section 43 (a) of the Lanham Act. 8. Too Pretty to Protect? Trade Mark Law and the Enigma of Aesthetic Functionality
Part IV: Calibrating Trademark Infringment
A. By Types of Use - 9. Time to Blow the Whistle on Trade Mark Use? 10. The Trade Mark Monopoly: An Analysis of the Core Zone of Absolute Protection Under Art. 5.1 (a)
B. By Types of Related Goods - 11. Unfair Competition Without Competition? The Importance of the Property Concept in the Law of Trade Marks. 12. Passing off and the “Common Field of Activity”
C. By Types of Confusion - 13. The Lanham Trade Mark Act – Conflict and Dissent. 14. The Merchandising Right: Fragile Theory or Fait Accompli?
Part V: Dilution - 15. The Rational Basis of Trademark Protection. 16. The Trademark Tower of Babel - Dilution Concepts in International, US and EC Trademark Law. 17. Gone in Sixty Milliseconds: Trademark Law and Cognitive Science
Part VI: Permitted Uses and Speech. 18. Expressive Genericity: Trademarks as Language in the Pepsi Generation. 19. Trademarks Unplugged. 20. Trademark: Champion of Free Speech. 21. Lewis & Clark Law School Ninth Distinguished IP Lecture: Developing Defenses in Trademark Law
Part VII International - 22. The Economic Function of Trade Marks: An Analysis with Special Reference to Developing Countries.
Acknowledgements
Introduction - A Century of Trademark Law Scholarship
Part I: History - 1. The Genesis of the Modern Law in Relating to Trade-Marks. 2. How Early did Anglo-American Trademark Law Begin? An Answer to Schechter’s Conundrum
Part II: Justifications - 3. Trade Mark Rights – A Justification Based on Property. 4. From Communication to Thing: Historical Aspects of the Conceptualization of Trademarks as Property. 5. Trade-Marks and the Monopoly Phobia. 6. Daniel M. McClure (1979) ‘Trademarks and Unfair Competition: A Critical History of Legal Thought. 7. Trademark Law: An Economic Perspective. 8. The Mark as Expression/The Mark as Property.
Part III: Passing off - 9. Unfair Competition and ‘’Passing Off’’: The Flexibility of a Formula. 10. Passing-off, Goodwill and False Advertising: New Wine in Old Bottles. 11. Dilution and Passing Off: Cause for Concern.
Part IV: Unfair Competition - 12. What is Unfair Competition? 13. Federal Unfair Competition Law at the End of the First Decade of the Lanham Act: Prologue or Epilogue? 14. Unfair Competition and the Misappropriation of a Competitor’s Trade Values. 15. Why the United Kingdom Should Have a Law Against Misappropriation.
Part V: Functions of Marks - 16. Advertising and the Public Interest: Legal Protection of Trade Symbols. 17. Breakfast with Batman: The Public Interests in the Advertising Age. 18. Trademarks and Marketing. 19. Extract from ‘Functions: What Should be Protected and Why’, in Intellectual Property: Omnipresent, Distracting, Irrelevant?
Part VI: The Consumer and Other Metrics - 20. Search and Persuasion in Trademark Law. 21. Locating the Average Consumer: His Judicial Origins, Intellectual Influences and Current Role in European Trade Mark Law. 22. Enforcement Costs and Trademark Puzzles.
Volume II:
Acknowledgements
An Introduction to both volumes by the editors appear in volume I
A Century of Trademark Law Scholarship
Part I: Registration Statutes - 1. The Trouble with Trademark. 2. The New European Trade Marks Regime.
Part II: Subject Matter and Validity. 3. Trade-Marks and Trade Names – An Analysis and Synthesis. 4. Making Sense of Trade Mark Law. 5. The Distinctive Problem of European Trade Mark Law
Part III: Functionality - 6. The Death of Ontology: A Teleological Approach to Trademark Law. 7. Notes, The Problem of Functional Features: Trade Dress Infringement Under Section 43 (a) of the Lanham Act. 8. Too Pretty to Protect? Trade Mark Law and the Enigma of Aesthetic Functionality
Part IV: Calibrating Trademark Infringment
A. By Types of Use - 9. Time to Blow the Whistle on Trade Mark Use? 10. The Trade Mark Monopoly: An Analysis of the Core Zone of Absolute Protection Under Art. 5.1 (a)
B. By Types of Related Goods - 11. Unfair Competition Without Competition? The Importance of the Property Concept in the Law of Trade Marks. 12. Passing off and the “Common Field of Activity”
C. By Types of Confusion - 13. The Lanham Trade Mark Act – Conflict and Dissent. 14. The Merchandising Right: Fragile Theory or Fait Accompli?
Part V: Dilution - 15. The Rational Basis of Trademark Protection. 16. The Trademark Tower of Babel - Dilution Concepts in International, US and EC Trademark Law. 17. Gone in Sixty Milliseconds: Trademark Law and Cognitive Science
Part VI: Permitted Uses and Speech. 18. Expressive Genericity: Trademarks as Language in the Pepsi Generation. 19. Trademarks Unplugged. 20. Trademark: Champion of Free Speech. 21. Lewis & Clark Law School Ninth Distinguished IP Lecture: Developing Defenses in Trademark Law
Part VII International - 22. The Economic Function of Trade Marks: An Analysis with Special Reference to Developing Countries.
Series
Elgar research reviews in law
Language
English
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