Author: Nari Lee
Publisher: Edward Elgar Publishing
ISBN: 0857932624
Category : Law
Languages : en
Pages : 379
Book Description
Dealing with rights and developments at the margin of classic intellectual property, this fascinating book explores emerging types of regulations and how existing IP regimes inform and influence the judicial and legislative creation of _substitute‘ IP
Intellectual Property, Unfair Competition and Publicity
Author: Nari Lee
Publisher: Edward Elgar Publishing
ISBN: 0857932624
Category : Law
Languages : en
Pages : 379
Book Description
Dealing with rights and developments at the margin of classic intellectual property, this fascinating book explores emerging types of regulations and how existing IP regimes inform and influence the judicial and legislative creation of _substitute‘ IP
Publisher: Edward Elgar Publishing
ISBN: 0857932624
Category : Law
Languages : en
Pages : 379
Book Description
Dealing with rights and developments at the margin of classic intellectual property, this fascinating book explores emerging types of regulations and how existing IP regimes inform and influence the judicial and legislative creation of _substitute‘ IP
Intellectual Property and Unfair Competition in a Nutshell
Author: Charles R. McManis
Publisher: West Academic Publishing
ISBN: 9780314280640
Category : Competition, Unfair
Languages : en
Pages : 0
Book Description
Strategic for Trusts Estates in Sew York provides an authoritative, insider's perspective on developing trusts and estate plans in the slate of New York. Featuring experienced partners from law finals across the stale, this book offers insighis on the effects of same-sex marriage, the 2010 "fax Act. and other recent legislative changes. These authors discuss key issues in trusts and estates law todal and the importance of adapting to shifting regulations, as they analyze the state of various tax laws and legislation specific to New-York. Additionally, these lop attorneys examine the common pitfalls of estate planning and present steps clients and attorneys can lake in order to avoid them. The different niches represented and the breadth of perspectives presented enable readers to get inside some the great legal minds of lodav. as these experienced lawyers offer up their thoughts around the keys to success within this ever-evk ing field. Onside the Minds provides readers wilh proven business and legal intelligence from leading C-Level executives and lawyers. Each chapter offers thought leadership and expert analysis on an industry, profession, or topic, providing a future-oriented perspective and proven strategies for success. Fach author has been selected based on their experience and standing within the business and leavwen communities. Book jacket.
Publisher: West Academic Publishing
ISBN: 9780314280640
Category : Competition, Unfair
Languages : en
Pages : 0
Book Description
Strategic for Trusts Estates in Sew York provides an authoritative, insider's perspective on developing trusts and estate plans in the slate of New York. Featuring experienced partners from law finals across the stale, this book offers insighis on the effects of same-sex marriage, the 2010 "fax Act. and other recent legislative changes. These authors discuss key issues in trusts and estates law todal and the importance of adapting to shifting regulations, as they analyze the state of various tax laws and legislation specific to New-York. Additionally, these lop attorneys examine the common pitfalls of estate planning and present steps clients and attorneys can lake in order to avoid them. The different niches represented and the breadth of perspectives presented enable readers to get inside some the great legal minds of lodav. as these experienced lawyers offer up their thoughts around the keys to success within this ever-evk ing field. Onside the Minds provides readers wilh proven business and legal intelligence from leading C-Level executives and lawyers. Each chapter offers thought leadership and expert analysis on an industry, profession, or topic, providing a future-oriented perspective and proven strategies for success. Fach author has been selected based on their experience and standing within the business and leavwen communities. Book jacket.
Trademark and Unfair Competition Conflicts
Author: Tim W. Dornis
Publisher: Cambridge University Press
ISBN: 1107155061
Category : Law
Languages : en
Pages : 699
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.
Publisher: Cambridge University Press
ISBN: 1107155061
Category : Law
Languages : en
Pages : 699
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.
The Right of Publicity
Author: Jennifer Rothman
Publisher: Harvard University Press
ISBN: 0674986350
Category : Law
Languages : en
Pages : 170
Book Description
Who controls how one’s identity is used by others? This legal question, centuries old, demands greater scrutiny in the Internet age. Jennifer Rothman uses the right of publicity—a little-known law, often wielded by celebrities—to answer that question, not just for the famous but for everyone. In challenging the conventional story of the right of publicity’s emergence, development, and justifications, Rothman shows how it transformed people into intellectual property, leading to a bizarre world in which you can lose ownership of your own identity. This shift and the right’s subsequent expansion undermine individual liberty and privacy, restrict free speech, and suppress artistic works. The Right of Publicity traces the right’s origins back to the emergence of the right of privacy in the late 1800s. The central impetus for the adoption of privacy laws was to protect people from “wrongful publicity.” This privacy-based protection was not limited to anonymous private citizens but applied to famous actors, athletes, and politicians. Beginning in the 1950s, the right transformed into a fully transferable intellectual property right, generating a host of legal disputes, from control of dead celebrities like Prince, to the use of student athletes’ images by the NCAA, to lawsuits by users of Facebook and victims of revenge porn. The right of publicity has lost its way. Rothman proposes returning the right to its origins and in the process reclaiming privacy for a public world.
Publisher: Harvard University Press
ISBN: 0674986350
Category : Law
Languages : en
Pages : 170
Book Description
Who controls how one’s identity is used by others? This legal question, centuries old, demands greater scrutiny in the Internet age. Jennifer Rothman uses the right of publicity—a little-known law, often wielded by celebrities—to answer that question, not just for the famous but for everyone. In challenging the conventional story of the right of publicity’s emergence, development, and justifications, Rothman shows how it transformed people into intellectual property, leading to a bizarre world in which you can lose ownership of your own identity. This shift and the right’s subsequent expansion undermine individual liberty and privacy, restrict free speech, and suppress artistic works. The Right of Publicity traces the right’s origins back to the emergence of the right of privacy in the late 1800s. The central impetus for the adoption of privacy laws was to protect people from “wrongful publicity.” This privacy-based protection was not limited to anonymous private citizens but applied to famous actors, athletes, and politicians. Beginning in the 1950s, the right transformed into a fully transferable intellectual property right, generating a host of legal disputes, from control of dead celebrities like Prince, to the use of student athletes’ images by the NCAA, to lawsuits by users of Facebook and victims of revenge porn. The right of publicity has lost its way. Rothman proposes returning the right to its origins and in the process reclaiming privacy for a public world.
Trademarks and Unfair Competition Deskbook
Author: Janet A. Marvel
Publisher:
ISBN: 9781522181941
Category : Competition, Unfair
Languages : en
Pages :
Book Description
Publisher:
ISBN: 9781522181941
Category : Competition, Unfair
Languages : en
Pages :
Book Description
Trademarks and Unfair Competition
Author: Graeme B. Dinwoodie
Publisher: Aspen Publishers
ISBN: 9781454827825
Category : Competition, Unfair
Languages : en
Pages : 0
Book Description
Features: Organizes the many strands of trademark and unfair competition doctrine around a coherent conceptual framework. The clear structure is divided into three parts: foundation and purposes, creation, and scope and& enforcement Traditional case-and-note format, enhanced by summarizing problems that help students better understand the intricacies of key topics. Features numerous Internet-related trademark issues, such as cybersquatting, keyword advertising, and domain name disputes. Also addresses the relationship between trademarks and domain name, and the potential secondary liability of online auction websites such as eBay Integrates international trademark issues with domestic issues Thoroughly treats trade dress protection, integrated with issues of word mark protection New to the Fourth Edition: The Second Circuit's important decision in Louboutin v. YSL Important new appellate decisions on functionality, including the Federal Circuit's Becton Dickinson opinion and the decision of the Seventh Circuit in Franco and Sons The Fourth Circuit's decision in Rosetta Stone on trademark liability for keyword advertising The Eleventh Circuit's University of Alabama opinion on First Amendment limitations on the scope of trademark rights Cases exploring trademark fair use, including the DELICIOUS shoes case and the Tabari case on nominative fair use in connection with domain names New applications of the trademark dilution and anti-cybersquatting provisions New cases on remedies
Publisher: Aspen Publishers
ISBN: 9781454827825
Category : Competition, Unfair
Languages : en
Pages : 0
Book Description
Features: Organizes the many strands of trademark and unfair competition doctrine around a coherent conceptual framework. The clear structure is divided into three parts: foundation and purposes, creation, and scope and& enforcement Traditional case-and-note format, enhanced by summarizing problems that help students better understand the intricacies of key topics. Features numerous Internet-related trademark issues, such as cybersquatting, keyword advertising, and domain name disputes. Also addresses the relationship between trademarks and domain name, and the potential secondary liability of online auction websites such as eBay Integrates international trademark issues with domestic issues Thoroughly treats trade dress protection, integrated with issues of word mark protection New to the Fourth Edition: The Second Circuit's important decision in Louboutin v. YSL Important new appellate decisions on functionality, including the Federal Circuit's Becton Dickinson opinion and the decision of the Seventh Circuit in Franco and Sons The Fourth Circuit's decision in Rosetta Stone on trademark liability for keyword advertising The Eleventh Circuit's University of Alabama opinion on First Amendment limitations on the scope of trademark rights Cases exploring trademark fair use, including the DELICIOUS shoes case and the Tabari case on nominative fair use in connection with domain names New applications of the trademark dilution and anti-cybersquatting provisions New cases on remedies
Towards a European Unfair Competition Law
Author: Rogier W. De Vrey
Publisher: BRILL
ISBN: 9004150404
Category : Law
Languages : en
Pages : 399
Book Description
The main aim of this book is to discuss the state of unfair competition law in the European Union. In this respect, the various efforts that have been made in the past to come to harmonization of this area of law and the reasons that they were only partially successful are reviewed. In addition, the International and European regulations that refer to unfair competition, like, e.g., the Paris Convention, the TRIPs and the recent 2004 Unfair Commercial Practices Directive are discussed. Also an overview is given of the unfair competition laws in the United Kingdom, Germany and the Netherlands with respect to the 'problem-areas' of slavish imitation, misleading advertising, denigrating one's competitor, trade secrets and finally, misappropriation of valuable trade assets. Unfair competition law is traditionally considered part of intellectual property law. Not only the relation of unfair competition law to intellectual property laws are therefore part of the discussion but also the areas of consumer protection law (since unfair competition law is partly orientated towards consumer protection) and competition (as an economic concept) is the topic of thorough review.
Publisher: BRILL
ISBN: 9004150404
Category : Law
Languages : en
Pages : 399
Book Description
The main aim of this book is to discuss the state of unfair competition law in the European Union. In this respect, the various efforts that have been made in the past to come to harmonization of this area of law and the reasons that they were only partially successful are reviewed. In addition, the International and European regulations that refer to unfair competition, like, e.g., the Paris Convention, the TRIPs and the recent 2004 Unfair Commercial Practices Directive are discussed. Also an overview is given of the unfair competition laws in the United Kingdom, Germany and the Netherlands with respect to the 'problem-areas' of slavish imitation, misleading advertising, denigrating one's competitor, trade secrets and finally, misappropriation of valuable trade assets. Unfair competition law is traditionally considered part of intellectual property law. Not only the relation of unfair competition law to intellectual property laws are therefore part of the discussion but also the areas of consumer protection law (since unfair competition law is partly orientated towards consumer protection) and competition (as an economic concept) is the topic of thorough review.
Competition Policy and Intellectual Property in Today's Global Economy
Author: Robert D. Anderson
Publisher: Cambridge University Press
ISBN: 1108160220
Category : Law
Languages : en
Pages : 925
Book Description
The fast-evolving relationship between the promotion of welfare-enhancing competition and the balanced protection of intellectual property (IP) rights has attracted the attention of policymakers, analysts and scholars. This interest is inevitable in an environment that lays ever greater emphasis on the management of knowledge and innovation and on mechanisms to ensure that the public derives the expected social and economic benefits from this innovation and the spread of knowledge. This book looks at the positive linkage between IP and competition in jurisdictions around the world, surveying developments and policy issues from an international and comparative perspective. It includes analysis of key doctrinal and policy issues by leading academics and practitioners from around the globe and a cutting-edge survey of related developments across both developed and developing economies. It also situates current policy developments at the national level in the context of multilateral developments, at WIPO, WTO and elsewhere.
Publisher: Cambridge University Press
ISBN: 1108160220
Category : Law
Languages : en
Pages : 925
Book Description
The fast-evolving relationship between the promotion of welfare-enhancing competition and the balanced protection of intellectual property (IP) rights has attracted the attention of policymakers, analysts and scholars. This interest is inevitable in an environment that lays ever greater emphasis on the management of knowledge and innovation and on mechanisms to ensure that the public derives the expected social and economic benefits from this innovation and the spread of knowledge. This book looks at the positive linkage between IP and competition in jurisdictions around the world, surveying developments and policy issues from an international and comparative perspective. It includes analysis of key doctrinal and policy issues by leading academics and practitioners from around the globe and a cutting-edge survey of related developments across both developed and developing economies. It also situates current policy developments at the national level in the context of multilateral developments, at WIPO, WTO and elsewhere.
Mastering Trademark and Unfair Competition Law
Author: Lars S. Smith
Publisher:
ISBN: 9781594604492
Category : Trademarks
Languages : en
Pages : 0
Book Description
Mastering Trademark and Unfair Competition Law provides a clear and concise presentation of the basic principles underlying and the challenges facing a student or practitioner of trademark law in a digital age. This book traces the evolution of trademark law from its origin as a common law tort of unfair competition and associated common law trademark rights, to the most recent amendments to the federal Lanham Trademark Act. The book lays a solid foundation covering the basics of obtaining trademark and trade dress rights; federal trademark registration practice, including a discussion of practice before the TTAB; trademark infringement; defenses; and remedies. Mastering Trademark and Unfair Competition Law also has extensive coverage of the dilution of famous trademarks. Mastering Trademark and Unfair Competition Law thoroughly discusses all of the elements of the modern trademark practice. It has extensive discussions of new technologies such as Internet domain names, web pages, keyword advertising, virtual worlds, and computer games, as well as how trademark law has responded to the challenges presented by new forms of trademark use. There are chapters on cybersquatting under the Uniform Domain Name Resolution Policy (UDRP) and international trademark law including review of treaties such as the Paris Convention and the Madrid Protocol. The goal of this book is to ground the reader in the law, policies, and theories of trademark law so that the reader can better understand the legal and economic role of trademarks and brands in a modern economy.
Publisher:
ISBN: 9781594604492
Category : Trademarks
Languages : en
Pages : 0
Book Description
Mastering Trademark and Unfair Competition Law provides a clear and concise presentation of the basic principles underlying and the challenges facing a student or practitioner of trademark law in a digital age. This book traces the evolution of trademark law from its origin as a common law tort of unfair competition and associated common law trademark rights, to the most recent amendments to the federal Lanham Trademark Act. The book lays a solid foundation covering the basics of obtaining trademark and trade dress rights; federal trademark registration practice, including a discussion of practice before the TTAB; trademark infringement; defenses; and remedies. Mastering Trademark and Unfair Competition Law also has extensive coverage of the dilution of famous trademarks. Mastering Trademark and Unfair Competition Law thoroughly discusses all of the elements of the modern trademark practice. It has extensive discussions of new technologies such as Internet domain names, web pages, keyword advertising, virtual worlds, and computer games, as well as how trademark law has responded to the challenges presented by new forms of trademark use. There are chapters on cybersquatting under the Uniform Domain Name Resolution Policy (UDRP) and international trademark law including review of treaties such as the Paris Convention and the Madrid Protocol. The goal of this book is to ground the reader in the law, policies, and theories of trademark law so that the reader can better understand the legal and economic role of trademarks and brands in a modern economy.
Multi-dimensional Approaches Towards New Technology
Author: Ashish Bharadwaj
Publisher: Springer
ISBN: 981131232X
Category : Law
Languages : en
Pages : 350
Book Description
This open access edited book captures the complexities and conflicts arising at the interface of intellectual property rights (IPR) and competition law. To do so, it discusses four specific themes: (a) policies governing functioning of standard setting organizations (SSOs), transparency and incentivising future innovation; (b) issue of royalties for standard essential patents (SEPs) and related disputes; (c) due process principles, procedural fairness and best practices in competition law; and (d) coherence of patent policies and consonance with competition law to support innovation in new technologies. Many countries have formulated policies and re-oriented their economies to foster technological innovation as it is seen as a major source of economic growth. At the same time, there have been tensions between patent laws and competition laws, despite the fact that both are intended to enhance consumer welfare. In this regard, licensing of SEPs has been debated extensively, although in most instances, innovators and implementers successfully negotiate licensing of SEPs. However, there have been instances where disagreements on royalty base and royalty rates, terms of licensing, bundling of patents in licenses, pooling of licenses have arisen, and this has resulted in a surge of litigation in various jurisdictions and also drawn the attention of competition/anti-trust regulators. Further, a lingering lack of consensus among scholars, industry experts and regulators regarding solutions and techniques that are apposite in these matters across jurisdictions has added to the confusion. This book looks at the processes adopted by the competition/anti-trust regulators to apply the principles of due process and procedural fairness in investigating abuse of dominance cases against innovators.
Publisher: Springer
ISBN: 981131232X
Category : Law
Languages : en
Pages : 350
Book Description
This open access edited book captures the complexities and conflicts arising at the interface of intellectual property rights (IPR) and competition law. To do so, it discusses four specific themes: (a) policies governing functioning of standard setting organizations (SSOs), transparency and incentivising future innovation; (b) issue of royalties for standard essential patents (SEPs) and related disputes; (c) due process principles, procedural fairness and best practices in competition law; and (d) coherence of patent policies and consonance with competition law to support innovation in new technologies. Many countries have formulated policies and re-oriented their economies to foster technological innovation as it is seen as a major source of economic growth. At the same time, there have been tensions between patent laws and competition laws, despite the fact that both are intended to enhance consumer welfare. In this regard, licensing of SEPs has been debated extensively, although in most instances, innovators and implementers successfully negotiate licensing of SEPs. However, there have been instances where disagreements on royalty base and royalty rates, terms of licensing, bundling of patents in licenses, pooling of licenses have arisen, and this has resulted in a surge of litigation in various jurisdictions and also drawn the attention of competition/anti-trust regulators. Further, a lingering lack of consensus among scholars, industry experts and regulators regarding solutions and techniques that are apposite in these matters across jurisdictions has added to the confusion. This book looks at the processes adopted by the competition/anti-trust regulators to apply the principles of due process and procedural fairness in investigating abuse of dominance cases against innovators.