Proving Likelihood of Confusion in Trademark Law PDF Download
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Author:
Publisher:
ISBN:
Category : Actions and defenses
Languages : en
Pages : 164
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Book Description
Author:
Publisher:
ISBN:
Category : Actions and defenses
Languages : en
Pages : 164
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Book Description
Author: Richard L. Kirkpatrick
Publisher: Practising Law Inst
ISBN: 9780872240858
Category : Law
Languages : en
Pages : 450
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Book Description
PLI's Likelihood of Confusion in Trademark Law gives this vital concept the full coverage it deserves, while addressing it in the lucid, straightforward way that attorneys and interested laypersons can easily understand.
Author: Graeme B. Dinwoodie
Publisher: Edward Elgar Publishing
ISBN: 1848441312
Category : Law
Languages : en
Pages : 555
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Book Description
Boasting an impressive list of contributors, this first edition of Trademark Law and Theory brings together a compilation of well-written and powerfully argued works by leading international academics. The book is certainly one of the most extensive and thought provoking overviews of contemporary trademark law and theory yet to be published. . . Whilst all the contributions share in common their examination of the rapidity of change within trademark systems, the editors should be commended on their generous seasoning of other cross cutting themes throughout the Handbook. . . This fascinating compendium enriches our understanding of the shape, substance, and form of trademark law and theory. . . this Handbook is perhaps a rare exception to the adage that no book can be all things to all men . Its broad sweep approach and cross cutting themes enable a range of interested parties, such as policymakers; academics in the fields of marketing, business, consumer psychology; in addition to the usual suspects; to dip in and out of the Handbook as they wish. . . a unique and erudite collection of essays concerning trademark law and theory. . . Odette Hutchinson, Communications Law Trademarks is an area of vital, practical everyday concern, and the idea of producing a volume that brings together the perspectives of 19 thoughtful and experienced legal scholars is a bold and exciting initiative. The present volume does not disappoint and the two editors are to be congratulated on orchestrating an ensemble that simultaneously informs and stimulates. The title is apt: it is truly contemporary and is highly theoretical and doctrinal in character, while the interesting choice of the word handbook suggests clearly that this is a work in progress, a snapshot at a particular time of the challenging lines of individual research that each contributor to the volume is undertaking. It is a fine addition to a larger series of research handbooks in intellectual property published by Edward Elgar under the series editorship of Jeremy Phillips. . . The editors have done a fine job in presenting this material in such a clear and coherent fashion. . . this is an excellent and rewarding volume of readings that will be of interest to anyone working in the area of trademarks, whether as an academic or as a practitioner. Indeed, for the practitioner it will be of particular value, in that it contains, and opens up, many areas of inquiry that may not always be apparent when working at the coalface of a particular problem. . . For both kinds of readers, the real value of the volume is to have so many different kinds of perspectives brought together within the space of a single volume. . . this is a handsome production: the publishers and editors are to be commended on the clarity and cleanness of the typeface and headings, the thoroughness of the index, and the accuracy of their proof reading. It has also been given a striking and evocative cover. Sam Ricketson, University of Melbourne Law School Australia, European Intellectual Property Review Trademark Law and Theory is a first-rate exploration of the issues that will dominate trademark law in the 21st century. Authors from five continents provide a truly global perspective on the present and future of trademark law. An exceptional collection of contributors and contributions. Robert Denicola, University of Nebraska, US This compendium is an excellent source of writing on all aspects of trademark law and practice by experts from Europe, the United States, South Africa, Singapore, New Zealand and Australia. It will be a stimulating read for lawyers, academics, students and policymakers alike on the present and developing trends in law and policy relating to trademarks as marketing tools and cultural artefacts. The editors deserve congratulation on their concept for the book and their judicious selection of material. David Vaver, University of Oxford, UK All students, young and older, in the burgeoni
Author: Michal Bohaczewski
Publisher: Kluwer Law International B.V.
ISBN: 9403519916
Category : Law
Languages : en
Pages : 445
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Book Description
When a mark acquires a reputation, it becomes a means of attracting consumers by communicating to them various messages going beyond the indication of commercial origin of goods or services. Thus, trade marks familiar to the general public enjoy a special legal protection regime above and beyond that afforded trade marks in general, allowing them to benefit from enhanced protection against reproduction or imitation detrimental to, or taking unfair advantage of, the distinctive character of the mark or its repute. This richly researched book, the first comprehensive guide to current European Union (EU) law and practice concerned with reputed trade marks, conducts an in-depth analysis of this extended protection provided by Regulation 2017/1001 on EU trade marks and Directive 2015/2436 under which it is mandatory across all Member States. Using a practical approach, focused on identifying and analysing the criteria for infringement of trade marks with a reputation in proceedings before civil courts and in administrative proceedings before the European Union Intellectual Property Office (EUIPO) or national trade mark offices, the author addresses such elements of the special protection regime as the following: prerequisites for infringement of the right to a reputed mark common to all recognised forms of infringement; how to demonstrate each type of infringement of the right to the trade mark with a reputation (blurring, tarnishment and unfair advantage); proof of reputation; distinguishing the concept of well-known trade mark; legitimate versus questionable justifications of the ‘due cause’ exception within the meaning of EU law provisions; use of a disputed sign falling under freedom of expression; identifying the role of likelihood of confusion under the special regime; and how to prove the existence of a link between the signs in dispute. The author pays detailed attention to the case law of the Court of Justice and General Court of the EU, as well as cases before the EUIPO and national courts. He takes into account research from a number of Member States (plus Switzerland), thus widening prior work in the field from its predominant English-language context. With this book practitioners will confidently approach cases before courts, the EUIPO and national EU trade mark offices involving enhanced protection of trade marks with a reputation. In addition, the book will help judges and trade mark offices examiners to interpret the EU provisions and assess claims regarding such reinforced protection. For scholars and students of intellectual property law, this book will prove a cornerstone volume in the field.
Author: Adam Brookman
Publisher: Wolters Kluwer
ISBN: 1454848693
Category : Law
Languages : en
Pages : 1130
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Book Description
This is the first practical treatise of its kind to approach trademark law from a fully integrated legal and business perspective. It walks you through the major areas of trademark practice: Selecting and adopting trademarks Perfecting, exploiting, and maintaining trademark rights Asserting and defending against trademark claims Business issues in trademark ownership You'll find clear, concise explanations and illustrative case examples to help you take a course of action in the full range of business scenarios. This book covers every key area, including: Trademark selection and adoption Trademark registration Trade dress Conducting due diligence Fair use of the trademarks of others Enforcement letters and more
Author: J. Thomas McCarthy
Publisher: Clark Boardman Callaghan
ISBN:
Category : Law
Languages : en
Pages : 1186
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Book Description
Author:
Publisher:
ISBN:
Category : Trademarks
Languages : en
Pages : 14
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Book Description
Author: Siegrun D. Kane
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 950
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Book Description
This all-new Fourth Edition of the benchmark one-volume guide to trademark law is marked by extensive new coverage, including vital analysis of: New trade dress case law interpreting the doctrine of utilitarian functionality in the wake of the Supreme Courts TrafFix decision. New issues before the Supreme Court regarding dilution protection under the Federal Trademark Dilution Act New Internet cases on jurisdiction and the effect of UDRP arbitration decisions on federal litigation. New case law under the recently revised Federal Rules of Evidence. Plus updated material on gray market goods and attorney/client and work product privileges, new tips on reaching settlement agreements, and the latest changes to the T.M.E.P. Filled with dozens of forms, documents, checklists, and color exhibits, Trademark Law provides you with all the field-tested, step-by-step guidance you need to select, search, use, reinforce, renew, defend, and expand trademarks. Comprehensive enough to serve new and experienced practitioners on both sides of trademark disputes.
Author: Ilanah Simon Fhima
Publisher: Oxford University Press, USA
ISBN: 9780199674336
Category : Law
Languages : en
Pages : 0
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Book Description
Introduction: The Likelihood of Confusion --Similarity of Marks --Composite Marks --Similarity of Goods and Services --Distinctiveness of the Marks --Assessing Likelihood of Confusion --The Timing of Confusion --Non-Traditional Marks and the Likelihood of Confusion.
Author: George W. Abbott
Publisher: Aspen Publishers
ISBN:
Category : Law
Languages : en
Pages : 796
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Book Description
An insider's analysis on the law and enforcement of trademarks from developing an effective anticounterfeiting program to using customs enforcement to stop counterfeit goods from entering the marketplace to punishing counterfeiters in the courtroom. You'll find comprehensive coverage of trademark counterfeiting law written by legal and enforcement IACC members, from seasoned attorneys to corporate counsel. You'll also find all the tools you need to enforce your trademark. Coverage includes: expert analysis of the law of trademark protection the use of technology for security how to use investigators public relations issues custom enforcement agencies structure courtroom strategies and more You'll find practical discussions and comprehensive analysis on trademark counterfeiting brought together by a team of experience legal and enforcement experts to help you protect and enforce trademark rights-through federal and state criminal and civil laws, through the U.S. Customs Service, and through internal corporate procedures. This unique guide brings you up-to-date coverage of the laws And The procedures you must follow to prevent trademark counterfeiting. it is a one-stop resource of valuable practice aids at your fingertips. You'll also find analysis of case law and statutes, sample forms and documents, and other tools to save you research and drafting time. Always Current TRADEMARK COUNTERFEITING is completely up-to-date. But to make sure you're always abreast of the latest legal developments, you will automatically receive -- risk-free with no obligation to purchase -- updates and/ or new editions. You will be billed separately at the then-current price. Upon receipt, you will have 30 days to purchase or return. Of course, you may cancel this automatic supplementation program at any time simply by notifying Aspen Publishers in writing.
