Passing Off and Misappropriation

Passing Off and Misappropriation PDF Author: Peter Joachim Kaufmann
Publisher: Max Planck Institute for Foreign and International Patent Company
ISBN:
Category : Law
Languages : en
Pages : 192

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Passing Off and Misappropriation in the Law of Unfair Competition

Passing Off and Misappropriation in the Law of Unfair Competition PDF Author: Peter Joachim Kaufmann
Publisher:
ISBN:
Category : Competition, Unfair
Languages : en
Pages : 212

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The Law of Passing-off

The Law of Passing-off PDF Author: Christopher Wadlow
Publisher:
ISBN: 9780421789203
Category : Business names
Languages : en
Pages : 875

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Book Description
"In this third edition, "The Law of Passing-off" gains a new subtitle and two major extensions to its coverage. Though the term 'passing-off' is familiar enough, it is something of a misnomer. It understates the full extent and importance of the tort, and baffles all but specialists. In the Civil law, 'unfair competition' has long been recognised as a subject of major importance in its own right, and even in England the phrase is increasingly accepted either as a synonym for passing-off, or as an all-embracing term for that and related causes of action, of which the natural counterpart to passing-off is injurious falsehood. This edition is therefore better described as the "Law of Unfair Competition by Misrepresentation." The present edition includes for the first time a chapter on the international law of unfair competition under the Paris Convention for the Protection of Industrial Property, with a detailed account of the drafting and negotiating history of Article 10bis of the latter. As related but logically separated developments, there are new sections on the possible impact of the European Convention on Human Rights, the WTO TRIPs Agreement, and on unfair competition in private international law. Although the Paris Convention does not directly affect day-to-day practice it does provide the only international consensus against which national laws of unfair competition may be compared, and any future efforts at harmonisation by the European Community can hardly fail to take it as their starting point...The present edition is to some extent pre-emptive of what can be expected to come." -- p. v.

The Commercial Appropriation of Personality

The Commercial Appropriation of Personality PDF Author: Huw Beverley-Smith
Publisher: Cambridge University Press
ISBN: 1139433717
Category : Law
Languages : en
Pages : 403

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Book Description
Commercial exploitation of attributes of an individual's personality, such as name, voice and likeness, forms a mainstay of modern advertising and marketing. Such indicia also represent an important aspect of an individual's dignity which is often offended by unauthorized commercial appropriation. This volume provides a framework for analysing the disparate aspects of the problem of commercial appropriation of personality and traces, in detail, the discrete patterns of development in the major common law systems. It also considers whether a coherent justification for a remedy may be identified from a range of competing theories. The considerable variation in substantive legal protection reflects more fundamental differences in the law's responsiveness to commercial practices and different attitudes towards the proper scope and limits of intangible property rights.

Model Rules of Professional Conduct

Model Rules of Professional Conduct PDF Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216

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Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Principles of Intellectual Property Law

Principles of Intellectual Property Law PDF Author: Catherine Colston
Publisher: Routledge
ISBN: 1135345953
Category : Law
Languages : en
Pages : 520

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Book Description
First published in 1999. Routledge is an imprint of Taylor & Francis, an informa company.

Goodwill in Passing Off

Goodwill in Passing Off PDF 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.

The Right to Privacy

The Right to Privacy PDF Author: Samuel D. Brandeis, Louis D. Warren
Publisher: BoD – Books on Demand
ISBN: 3732645487
Category : Fiction
Languages : en
Pages : 42

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Book Description
Reproduction of the original: The Right to Privacy by Samuel D. Warren, Louis D. Brandeis

No Law

No Law PDF Author: David L. Lange
Publisher: Stanford University Press
ISBN: 0804763275
Category : Law
Languages : en
Pages : 613

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Book Description
The original text of the Constitution grants Congress the power to create a regime of intellectual property protection. The first amendment, however, prohibits Congress from enacting any law that abridges the freedoms of speech and of the press. While many have long noted the tension between these provisions, recent legal and cultural developments have transformed mere tension into conflict. No Law offers a new way to approach these debates. In eloquent and passionate style, Lange and Powell argue that the First Amendment imposes absolute limits upon claims of exclusivity in intellectual property and expression, and strips Congress of the power to restrict personal thought and free expression in the name of intellectual property rights. Though the First Amendment does not repeal the Constitutional intellectual property clause in its entirety, copyright, patent, and trademark law cannot constitutionally license the private commodification of the public domain. The authors claim that while the exclusive rights currently reflected in intellectual property are not in truth needed to encourage intellectual productivity, they develop a compelling solution for how Congress, even within the limits imposed by an absolute First Amendment, can still regulate incentives for intellectual creations. Those interested in the impact copyright doctrines have on freedom of expression in the U.S. and the theoretical and practical aspects of intellectual property law will want to take a closer look at this bracing, resonant work.

Trademark and Unfair Competition Conflicts

Trademark and Unfair Competition Conflicts PDF Author: Tim W. Dornis
Publisher: Cambridge University Press
ISBN: 1107155061
Category : Law
Languages : en
Pages : 699

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Book Description
This book will be of interest for all jurists doing research and working practically in intellectual property law and international economic law. It should be an element of the base stock for every law school library and specialized law firm. This title is available as Open Access.