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: Jamil Ammar
Publisher: Cambridge Scholars Publishing
ISBN: 1443828025
Category : Law
Languages : en
Pages : 235
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Book Description
The availability of a wide range of branded products makes the selection of the right type of goods a difficult process. This is particularly true in the case of goods whose characteristics consumers do not have complete information about, which they can only learn about after purchasing (experiencing goods). A trade mark quality guarantee facilitates consumers’ choice by sending quality signals. It also enables a trader of branded goods to differentiate the quality of his goods from those of his competitors. Accordingly, trade mark protection is said to enhance economic efficiency, and thus the production of quality goods, and reduce consumer search costs. In order for this to work, however, among other conditions, the trader must maintain consistent quality over time and across consumers. Otherwise, trade mark protection will enhance artificial product differentiation, and thus distort competition. To date, despite its profound significance, the quality guarantee is seen as performing an economic function that trade mark law is ill equipped to deal with. As a result, this function is not enforced under trade mark law. Contrary to mainstream thinking, this book argues that the quality function of a trade mark should be recognised and enforced through trade mark law. What is at stake is far from insignificant: it is about bridging the ever increasing gap between the legal rationales for trade mark protection and the economic consequences of this protection in practice. The book is also about how consumers should shape their relationship with trade marks and what role law should play in constructing that relationship. By giving independent legal substance to the quality function, trade mark law encourages a trader to improve the quality of his goods instead of simply improving the persuasive or advertising value of the mark, which, in turn, enhances artificial product differentiation, increases rather than decreases consumer search costs, and distorts competition.
Author: Francesco Parisi
Publisher: Oxford University Press
ISBN: 0191507199
Category : Business & Economics
Languages : en
Pages : 635
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Book Description
Covering over one-hundred topics on issues ranging from Law and Neuroeconomics to European Union Law and Economics to Feminist Theory and Law and Economics, The Oxford Handbook of Law and Economics is the definitive work in the field of law and economics. The book gathers together scholars and experts in law and economics to create the most inclusive and current work on law and economics. Edited by Francisco Parisi, the Handbook looks at the origins of the field of law and economics, tracks its progression and increased importance to both law and economics, and looks to the future of the field and its continued development by examining a cornucopia of fields touched by work in law and economics. The uniqueness of its breadth, depth, and convenience make the volume essential to scholars, students, and contributors in the field of law and economics.
Author: Ilanah Simon Fhima
Publisher: Université de Genève
ISBN: 3725563896
Category : Law
Languages : en
Pages : 173
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Book Description
Actes de la Journée de Droit de la Propriété Intellectuelle du 15 février 2011, regroupant des contributions d'Ilanah Simon Fhima, Jacques Azéma, Philippe Gilliéron, Yuanshi Bu et Anne Marie E. Verschuur.
Author:
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 2312
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Book Description
Author: Peter K. Yu
Publisher: Bloomsbury Publishing USA
ISBN: 0313056102
Category : Law
Languages : en
Pages : 1978
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Book Description
Until recently, issues of intellectual property were relegated to the experts—attorneys, legal scholars, rightsholders, and technology developers who wrangled over interpretations and enforcement of copyright, patent, and trademark protections. But in today's knowledge-based economy, intellectual property protection has taken on fundamentally new proportions, as a subject of urgency for businesses (whose survival depends on protection of their intangible assets) and as a subject of cultural importance that grabs front-page headlines (as the controversy over Napster and high-profile revelations of plagiarism, for example, have illustrated). This landmark set of essays brings new clarity to the issues, as societies around the world grapple with the intricacies and complexities of intellectual property, and its impact on business, law, policy, and culture. Featuring insights from leading scholars and practitioners, Intellectual Property and Information Wealth provides rigorous analysis, historical context, and emerging practical applications from the public, private, and non-profit sectors. Volume 1 focuses on protections to novels, films, sound recordings, computer programs, and other creative products, and covers such issues as authorship, duration of copyright, fair use of copyrighted materials, and the implications of the Internet and peer-to-peer file sharing. Volume 2 explains the fundamental protections to inventors of devices, mechanical processes, chemical compounds, and other inventions, and examines such issues as the scope and limits of patent protection, research exemptions and infringement, IP in the software and biotech industries, and trade secrets. Volume 3 looks at the protections to distinctive symbols and signs, including brand names and unique product designs, and features chapters on consumer protection, trademark and the first amendment, brand licensing, publicity and cultural images, and domain names. Volume 4 takes the discussion to the global level, addressing a wide range of issues, including not only enforcement of IP protections across borders, but also their implications for international trade and investment, economic development, human rights, and public health.
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 : Intellectual property
Languages : en
Pages : 1104
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Book Description
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: Neil J. Wilkof
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 398
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Book Description
This work comprehensively covers the legal issues and practical concerns of trade mark licensing in the international context, particularly with regard to the UK and USA. It describes the historical development and current practice of the relevant laws, including the registered user system, quality control, the Lanham Act and the UK 1994 Trade Marks Act. The focus of the work is on types of license agreement, contractual aspects and problems connected with termination. It addresses EC competition law, bankruptcy, product liability and special text considerations, and concludes with an annotated sample trade mark licence, together with extensive cross-references and annotations.
