The Average Consumer in Confusion-based Disputes in European Trademark Law and Similar Fictions PDF Download
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Author: Rasmus Dalgaard Laustsen
Publisher: Springer Nature
ISBN: 3030263509
Category : Law
Languages : en
Pages : 441
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Book Description
This book contends that, with regard to the likelihood of confusion standard, European trademark law applies the average consumer incoherently and inconsistently. To test this proposal, it presents an analysis of the horizontal and vertical level of harmonization of the average consumer. The horizontal part focuses on similar fictions in areas of law adjacent to European trademark law (and in economics), and the average consumer in unfair competition law. The vertical part focuses on European trademark law, represented mainly by EU trademark law, and the trademark laws of the UK, Sweden, Denmark and Norway. The book provides readers with a better understanding of key aspects of European trademark law (the average consumer applied as part of the likelihood of confusion standard) and combines relevant law and practices with theoretical content and other related areas of law (and economics). Accordingly, it is an asset for policymakers and practitioners, as well as general readers with an interest in intellectual property law and theory.
Author: Rasmus Dalgaard Laustsen
Publisher: Springer Nature
ISBN: 3030263509
Category : Law
Languages : en
Pages : 441
Get Book Here
Book Description
This book contends that, with regard to the likelihood of confusion standard, European trademark law applies the average consumer incoherently and inconsistently. To test this proposal, it presents an analysis of the horizontal and vertical level of harmonization of the average consumer. The horizontal part focuses on similar fictions in areas of law adjacent to European trademark law (and in economics), and the average consumer in unfair competition law. The vertical part focuses on European trademark law, represented mainly by EU trademark law, and the trademark laws of the UK, Sweden, Denmark and Norway. The book provides readers with a better understanding of key aspects of European trademark law (the average consumer applied as part of the likelihood of confusion standard) and combines relevant law and practices with theoretical content and other related areas of law (and economics). Accordingly, it is an asset for policymakers and practitioners, as well as general readers with an interest in intellectual property law and theory.
Author: Geraint G. Howells
Publisher: Edward Elgar Publishing
ISBN: 1849806314
Category : Law
Languages : en
Pages : 603
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Book Description
This is a truly international effort, and one with a strong commitment to human rights by the highly reputable authors coming from different jurisdictions! The many facets of today s consumer law are presented to the reader, including developing countries a fascinating effort in a dynamically emerging field of law! We are comprehensively informed about such bread and butter areas as advertising, unfair terms, consumer guarantees, product safety and liability, consumer credit, and redress. But traditional consumer law concepts and remedies are facing challenges in more complex areas, like services of general internet where consumers and private users should enjoy equal access to universal services , with the internet where speed must not be a pretext to eliminate standards of fair dealing, with risky investment services under the problematic paradigm shift from investor protection to investor confidence . A book to read, to think about, to work with for everybody interested in the future of consumer markets and law in a time of economic crisis! Norbert Reich, University of Bremen, Germany This is a richly interesting collection of essays, written by leading names in the field. It offers a thoroughly reliable survey of key tensions and challenges in modern consumer law and brilliantly combines thematic overview with detailed analysis. It will stimulate comparative thinking, it will provide a source of information and it will be welcomed by consumer law scholars all over the world. Stephen Weatherill, University of Oxford, UK Consumer law and policy has emerged in the last half-century as a major policy concern for all nations. This Handbook of original contributions provides an international and comparative analysis of central issues in consumer law and policy in developed and developing economies. The Handbook encompasses questions of both social policy and effective business regulation. Many of the issues are common to all countries and are becoming increasingly globalised due to the growth in international trade and technological developments such as the Internet. The authors provide a broad coverage of both substantive topics and institutional questions concerning optimal approaches to enforcement and the role of class actions in consumer policy. It also includes comparative insights into the influential EU and US models of consumer law and relates consumer law to contemporary trends in human rights law. Written by a carefully selected group of international experts, this text represents an authoritative resource for understanding contemporary and future developments in consumer law. This Handbook will provide students, researchers and policymakers with an insight to the main policy debates in each context and provide models of legal regulation to assist in the evaluation of laws and the development of consumer law and policy.
Author: Andrea J. Bingham
Publisher: Taylor & Francis
ISBN: 1003847234
Category : Psychology
Languages : en
Pages : 243
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Book Description
This practical book offers a guide to finding, choosing, and applying theoretical frameworks to social sciences research, and provides researchers with the scaffolding needed to reflect on their philosophical orientations and better situate their work in the existing landscape of empirical and theoretical knowledge. Using a multifaceted approach, the book provides clear definitions, primary tenets, historical context, highlights of the challenges and contemporary discussion and, perhaps more importantly, concrete and successful examples of studies that have drawn on and incorporated each theoretical framework. The authors define and explain the connections among such concepts as ontology, epistemology, paradigm, theory, theoretical frameworks, conceptual frameworks, and research methodology; describe the process of finding and effectively using theoretical and conceptual frameworks in research; and offer brief overviews of particular theories within the following disciplines: sociology, psychology, education, leadership, public policy, political science, economics, organizational studies, and business. The book also has a dedicated chapter on critical theories, and for each theory, provides a definition, explores how the theory is useful for researchers, discusses the background and foundations, outlines key terms and concepts, presents examples of theoretical applications, and gives an overview of strengths and limitations. This book offers a useful starting point for any researcher interested in better situating their work in existing conceptual and theoretical knowledge, but it will be especially useful for graduate students and early career researchers who are looking for clear definitions of complex terms and concepts, and for an introduction to useful theories across disciplines.
Author: Francesco Parisi
Publisher: Stanford University Press
ISBN: 9780804751445
Category : Business & Economics
Languages : en
Pages : 634
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Book Description
This collection of essays explores the most relevant developments at the interface of economics and psychology, giving special attention to models of irrational behavior, and draws the relevant implications of such models for the design of legal rules and institutions. The application of economic models of irrational behavior to law is especially challenging because specific departures from rational behavior differ markedly from one another. Furthermore, the analytical and deductive instruments of economic theory have to be reshaped to deal with the fragmented and heterogeneous findings of psychological research, turning towards a more experimental and inductive methodology. This volume brings together pioneering scholars in this area, along with some of the most exciting developments in the field of legal and economic theory. Areas of application include criminal law and sentencing, tort law, contract law, corporate law, and financial markets.
Author: Mads Andenas
Publisher: Routledge
ISBN: 113504337X
Category : Law
Languages : en
Pages : 556
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Book Description
Financial regulation has entered into a new era, as many foundational economic theories and policies supporting the existing infrastructure have been and are being questioned following the financial crisis. Goodhart et al’s seminal monograph "Financial Regulation: Why, How and Where Now?" (Routledge:1998) took stock of the extent of financial innovation and the maturity of the financial services industry at that time, and mapped out a new regulatory roadmap. This book offers a timely exploration of the "Why, How and Where Now" of financial regulation in the aftermath of the crisis in order to map out the future trajectory of financial regulation in an age where financial stability is being emphasised as a key regulatory objective. The book is split into four sections: the objectives and regulatory landscape of financial regulation; the regulatory regime for investor protection; the regulatory regime for financial institutional safety and soundness; and macro-prudential regulation. The discussion ranges from theoretical and policy perspectives to comprehensive and critical consideration of financial regulation in the specifics. The focus of the book is on the substantive regulation of the UK and the EU, as critical examination is made of the unravelling and the future of financial regulation with comparative insights offered where relevant especially from the US. Running throughout the book is consideration of the relationship between financial regulation, financial stability and the responsibility of various actors in governance. This book offers an important contribution to continuing reflections on the role of financial regulation, market discipline and corporate responsibility in the financial sector, and upon the roles of regulatory authorities, markets and firms in ensuring the financial health and security of all in the future.
Author: Frank B. Cross
Publisher: Edward Elgar Publishing
ISBN: 9781847205346
Category : Business & Economics
Languages : en
Pages : 248
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Book Description
The authors examine the role of the law in developing large financial markets necessary for national economic success. They discuss the basic foundational law of contracts, property and tort, corporate law, and securities law, providing both a broad theoretical and empirical case for its value in financial markets.
Author: Lucas Bergkamp
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041116451
Category : Law
Languages : en
Pages : 744
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Book Description
"This book provides an analysis of civil liability for environmental harm in an inter- and transnational context. It covers both liability of private parties and state liability under international and EC law, and discusses national law developments in this area. It explores in particular the relationship between public environmental law and private liability law. Applying an instrumental approach to legal instruments, it aims to redefine the role of liability in this heavily regulated area." -- from the Preface.
Author: United States. Congress. House. Committee on Energy and Commerce. Subcommittee on Commerce, Manufacturing, and Trade
Publisher:
ISBN:
Category : Internet gambling
Languages : en
Pages : 168
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Book Description
Author:
Publisher:
ISBN:
Category : Law reviews
Languages : en
Pages : 400
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Book Description
Author: David Glen Mick
Publisher: Routledge
ISBN: 1136698744
Category : Business & Economics
Languages : en
Pages : 768
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Book Description
Daily existence is more interconnected to consumer behaviors than ever before, encompassing many issues of well-being. Problems include unhealthy eating; credit card mismanagement; alcohol, tobacco, pornography, and gambling abuse; marketplace discrimination; and ecological deterioration; as well as at-risk groups who are impoverished, impaired, or elderly. Opportunities for well-being via consumer behaviors include empowerment via the Internet, product sharing, leisure pursuits, family consumption, and pro-environmental activities, among others. In 2005 the Association for Consumer Research launched Transformative Consumer Research (TCR). Its mission is to foster research on quality of life that is both rigorous and applied for better assisting consumers, their caregivers, policy administrators, and executives. This edited volume includes 33 chapters on a wide range of topics by expert international authors. All royalties from sales of this book are donated to the Association to support TCR grants.
