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Author: Nicholas Caddick
Publisher: Bloomsbury Publishing
ISBN: 1780436858
Category : Law
Languages : en
Pages : 661
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Book Description
A User's Guide to Trade Marks and Passing Off, 4th edition focuses on the current law relating to the protection of registered trademarks and certain related rights including registered trade marks, well-known trade marks, certification marks, collective marks, protested geographical origin indicators, international conventions, and Passing off. There is clear explanation of the underlying principles and concepts with a breakdown of procedural matters, thereby helping to tie the different areas together. Includes the following case law: Illustrative cases such as Lush, Scrabble, Starbucks, Glee Club and Jack Wills; Cadbury and what it means for registering colours as trade marks; How to tackle survey evidence after Interflora; Greek yoghurt continuing the Vodkat line of passing-off cases; Specsavers - Europe's view on the effect of using elements not included in a trade mark registration. Contents: 1. Introduction; 2. What is a trade mark? 3. Other kinds of mark; 4. Absolute grounds for refusal; 5. Relative grounds for refusal of registration; 6. Classification; 7. UK procedure for the registration of a trade mark; 8. Application procedure before the OHIM; 9. International conventions; 10. Representation; 11. Invalidity; 12. Revocation; 13. Ownership of and dealings with trade marks; 14. Infringement; 15. Defences, disclaimers and limitation; 16. Comparative and misleading advertising; 17. Remedies; 18. Groundless threats; 19. Criminal offences; 20. Passing off.
Author: Nicholas Caddick
Publisher: Bloomsbury Publishing
ISBN: 1780436858
Category : Law
Languages : en
Pages : 661
Get Book Here
Book Description
A User's Guide to Trade Marks and Passing Off, 4th edition focuses on the current law relating to the protection of registered trademarks and certain related rights including registered trade marks, well-known trade marks, certification marks, collective marks, protested geographical origin indicators, international conventions, and Passing off. There is clear explanation of the underlying principles and concepts with a breakdown of procedural matters, thereby helping to tie the different areas together. Includes the following case law: Illustrative cases such as Lush, Scrabble, Starbucks, Glee Club and Jack Wills; Cadbury and what it means for registering colours as trade marks; How to tackle survey evidence after Interflora; Greek yoghurt continuing the Vodkat line of passing-off cases; Specsavers - Europe's view on the effect of using elements not included in a trade mark registration. Contents: 1. Introduction; 2. What is a trade mark? 3. Other kinds of mark; 4. Absolute grounds for refusal; 5. Relative grounds for refusal of registration; 6. Classification; 7. UK procedure for the registration of a trade mark; 8. Application procedure before the OHIM; 9. International conventions; 10. Representation; 11. Invalidity; 12. Revocation; 13. Ownership of and dealings with trade marks; 14. Infringement; 15. Defences, disclaimers and limitation; 16. Comparative and misleading advertising; 17. Remedies; 18. Groundless threats; 19. Criminal offences; 20. Passing off.
Author: Nicholas Caddick KC
Publisher: Bloomsbury Publishing
ISBN: 1526511568
Category : Law
Languages : en
Pages : 742
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Book Description
Focuses on the current law relating to the protection of registered trademarks and certain related rights. This includes registered trade marks, well-known trade marks, certification marks, collective marks, protested geographical origin indicators, international conventions, and passing off. There is clear explanation of the underlying principles and concepts with a breakdown of procedural matters, thereby helping to tie the different areas together. Individual topics covered include: Kit-Kat - when can 3D shape marks benefit from 'acquired distinctiveness'? Whether colours may form part of 3D shape marks - Louboutin Infringement by 'wrong way round' confusion Limitations on the own-name defence Calculation of damages, and the availability of blocking injunctions
Author: Paul England
Publisher: Bloomsbury Publishing
ISBN: 1526511770
Category : Law
Languages : en
Pages : 877
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Book Description
Life Sciences is one of the most innovative and complex areas of law. It is currently undergoing a period of intense transformation, with companies facing an ever-increasing level of regulation as well as strict cost management in order to remain competitive and profitable. The latest in "A User's Guide to..." series it covers life sciences in relation to: - patents - copyright - trade marks; and - data protection The book covers UK law with references to significant EPO cases. A key part of the book is the coverage of case law. Case studies and detailed analysis of the key cases, eg the Kymab mouse case, the human genome sciences case, and the pregabalin case feature heavily helping to put this often complex area of law into context. Where appropriate and for comparison purposes, approaches of key foreign jurisdictions are summarised and for ease of use there are clearly signposted. A key text for practitioners specialising in life sciences and intellectual property in general and patents officers dealing with life sciences applications.
Author: Julian Gyngell
Publisher:
ISBN: 9780406895943
Category : Fraud
Languages : en
Pages : 611
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Book Description
The second edition of this comprehensive text has been fully revised and expanded and includes chapters on the common law protection for trade marks rights and UK and EC competition law. These chapters incorporate the tort of passing off, rights and remedies under the Trade Descriptions Act, the Rules of the Advertising Standards Association, the Restrictive Trade Practices Act, the Competition Act and the Treaty of Rome. Expert analysis is given on all affected key issues such as registration, infringement, assignment and licensing, offering everything the busy trade mark specialist needs to know.
Author: Irene Calboli
Publisher: Cambridge University Press
ISBN: 9781009293136
Category : Law
Languages : en
Pages : 0
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Book Description
Trade in goods and services has historically resisted territorial confinement, but trademark protection remains territorial, albeit within an increasingly important framework of multilateral treaties. Trademark law therefore demands that practitioners, policy-makers and academics understand principles of international and comparative law. This handbook assists in that endeavour, with chapters describing and critically analyzing international and regional frameworks, and providing comparative perspectives on the substantive issues in trademark law and related fields, such as geographic indications, advertising law, and domain names. Chapters contrast common law and civil law approaches while focusing on the US and EU trademark systems in light of the role these systems have played in the development of trademark laws. Additionally, this handbook covers other jurisdictions, both common law and civil law, on the Asia-Pacific, African, and South American continents. This work should be read by anyone seeking a better understanding of trademark law around the world.
Author: Ng, Catherine
Publisher: Edward Elgar Publishing
ISBN: 1800887744
Category : Law
Languages : en
Pages : 256
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Book Description
The law of passing off protects traders from a form of misrepresentation that harms their goodwill, and consumers from the market distortion that may result. This carefully-crafted work seeks to delineate two intertwined aspects of goodwill: substantive and structural goodwill. It argues that the law of passing off should focus on protecting structural goodwill, and that this in turn allows traders’ authentic voices to help shape the substantive goodwill to attract custom for them in the marketplace.
Author: Nicholas Caddick
Publisher: A&C Black
ISBN: 1845921569
Category : Law
Languages : en
Pages : 477
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Book Description
A User's Guide to Trade Marks and Passing Off, Third Edition addresses the law of trade marks from a practical viewpoint, covering acquisition, loss, exploitation and infringement of trade marks, and passing off. Breaking down the procedural matters as they relate to the filing, opposition, enforcement and revocation of trade marks, each of the topics is approached separately in order to maintain a user-friendly structure. Clear explanations of the underlying principles and concepts (for example, when is there a likelihood of confusion) help to tie the different areas together. This third edition provides an up-to-date analysis of a rapidly evolving area of law and includes coverage of: The UK's Trade Marks Act 1994; The EU's Community Trade Mark legislation; Recent cases such as: L'Oreal v Bellure, The Google France litigation, 'Vodkat', Interflora and Budvar; The protection of Olympic symbols. Chapter 1 Introduction; Chapter 2 What is a Trade Mark?; Chapter 3 Other kinds of mark - collective and certification marks; protected descriptions; Chapter 4 Absolute grounds for refusal; Chapter 5 Relative grounds for refusal of registration; trade mark functions; honest concurrent use; Chapter 6 Classification; Chapter 7 UK Procedure for the registration of a trade mark; Chapter 8 Application procedure before OHIM; Chapter 9 International conventions; Chapter 10 Representation; Chapter 11 Invalidity; Chapter 12 Revocation; Chapter 13 Ownership of and dealings with trade marks; Chapter 14 Infringement and parties to infringement actions; Chapter 15 Defences, disclaimers and limitations; Chapter 16 Comparative and misleading advertising and malicious falsehood; Chapter 17 Remedies; Chapter 18 Groundless threats; Chapter 19 Criminal offences; Chapter 20 Passing off; Chapter 21 Olympic symbols.
Author:
Publisher:
ISBN:
Category : Trademarks
Languages : en
Pages : 16
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Book Description
Author: Andrea Zappalaglio
Publisher: Routledge
ISBN: 1000342352
Category : Law
Languages : en
Pages : 200
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Book Description
Linking traditional and local products to a specific area is increasingly felt as a necessity in a globalised market, and Geographical Indications (GIs) are emerging as a multifunctional tool capable of performing this and many other functions. This book analyses the evolving nature of EU sui generis GIs by focusing on their key element, the origin link, and concludes that the history of the product in the broad sense has become a major factor to prove the link between a good and a specific place. For the first time, this area of Intellectual Property Law is investigated from three different, although interrelated, perspectives: the history and comparative assessment of the systems of protection of Indications of Geographical Origin adopted in the European jurisdictions from the beginning of the 20th century; the empirical analysis of the trends emerging from the practice of EUGIs; and the policy debates surrounding them and their importance for the fulfilment of the general goals of the EU Common Agricultural Policy. The result is an innovative and rounded analysis of the very nature of the EU Law of GIs that, starting from its past, investigates the present and the likely future of this Intellectual Property Right. This book provides an interesting and innovative contribution to the field and will be of interest to GI scholars and Intellectual Property students, as well as anyone willing to gain a better understanding of this compelling area of law.
Author: Mark Anderson
Publisher: Bloomsbury Publishing
ISBN: 1526509075
Category : Law
Languages : en
Pages : 1109
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Book Description
Covers the laws surrounding commercial transactions that involve the development, use of commercialisation of technology and associate intellectual property rights. Types of transactions that fall within this category are research and development contracts and intellectual property licences and these form the main focus of the book. Written by experts and describing the many different areas of law that affect technology agreements such as IP, contract law, competition law and tax, this is the leading guide to this complex area of law. The new Fourth Edition has been brought completely up to date including: - Coverage of EU Horizon 2020 replacing Framework 7 funding scheme - General Data Protection Regulation (GDPR) - Updates in line with the Charities Act 2011 - New section on different types of standard agreements available (Lambert, NIHR, EU consortium agreements) - New material dealing with variety of relevant patent legislation: Unitary Patent and Unified Patents Court, the Intellectual Property Act 2014, Legislative Reform (Patents) Order 2014, Patents (Supplementary Protection Certificates) Regulations) 2014 - New material on the EU Trade Secrets Directive - Coverage of Regulations No 536/2014 of the European Parliament and of the Council of 16 April 2014 on clinical trials on medicinal products for human use, and repealing Directive 2001/20/EC - Addition of research exception (new section 22A) from freedom of information from 1 October 2014 (Freedom of Information Act 2014) - Coverage of Technology Transfer Regulation, 316/2014 and related guidelines
