The Business of Trademarks

The Business of Trademarks

Author: Carol Chadirjian

Publisher: Universal-Publishers

Published: 2018-03-15

Total Pages: 174

ISBN-13: 1627341927

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We come in contact with many trademarks each day on television, retail stores, Internet. The Business of Trademarks explains why trademarks are so important to businesses and how they identify the manufacturer and guarantee consistent quality to achieve brand loyalty. The Business of Trademarks is intended as a practical guide for those new to trademarks, including attorneys, paralegals and law students requiring a concise, comprehensive book on trademark prosecution to gain the skills and knowledge necessary to perform day-to-day trademark work diligently, confidently and with efficiency. Specific topics covered are: * Trademark searching for clearance * Forms to be filed with the Patent and Trademark Office * Famous trademarks and trade dress * Responding to office actions * Methods of enforcing trademarks * Trademarks in commercial transactions Business of Trademarks is unique from other publications because it explains trademark management from a hands-on approach, including administrative duties which few attorneys handle themselves.


Special Protection of Trade Marks with a Reputation under European Union Law

Special Protection of Trade Marks with a Reputation under European Union Law

Author: Michal Bohaczewski

Publisher: Kluwer Law International B.V.

Published: 2020-04-09

Total Pages: 469

ISBN-13: 9403519916

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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.


Trademarks, Unfair Competition, and Business Torts

Trademarks, Unfair Competition, and Business Torts

Author: Barton Carl Beebe

Publisher: Aspen Publishers

Published: 2016

Total Pages: 0

ISBN-13: 9781454869528

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Incorporating a mix of seminal and modern cases and materials, this casebook delivers broad coverage of trademarks, unfair competition, and business torts, with ample material on the role of technology. Practice problems in each chapter encourage students to think like practitioners. Ideal for courses on Trademark Law, Unfair Competition, or Business Torts, this casebook features: a broad examination of current trademark and unfair competition law outstanding coverage of false advertising law extensive treatment of the "hot news" doctrine (misappropriation), including the most recent cases a thoughtful survey of business torts, including cases that address tortious interference, trade libel, and related torts such as RICO dynamic pedagogy that spans cutting-edge cases and materials, notes, questions, and hands-on practice problems


Trademarks, Brands, and Competitiveness

Trademarks, Brands, and Competitiveness

Author: Teresa da Silva Lopes

Publisher: Routledge

Published: 2010-05-04

Total Pages: 271

ISBN-13: 1135177333

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Trade Marks, Brands and Competitiveness brings together scholars from a variety of disciplines to provide a critical account of the contribution of branding to economic growth, the relationship between trademark law and brand strategy, and the building and repositioning of individual brands as case studies in the effects of competition.


Trade Marks and Brands

Trade Marks and Brands

Author: Lionel Bently

Publisher: Cambridge University Press

Published: 2011-03-03

Total Pages: 0

ISBN-13: 9780521187923

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Developments in trade marks law have called into question a variety of basic features, as well as bolder extensions, of legal protection. Other disciplines can help us think about fundamental issues such as: what is a trade mark? What does it do? What should be the scope of its protection? This volume assembles essays examining trade marks and brands from a multiplicity of fields: from business history, marketing, linguistics, legal history, philosophy, sociology and geography. Each chapter pairs lawyers' and non-lawyers' perspectives, so that each commentator addresses and critiques his or her counterpart's analysis. The perspectives of non-legal fields are intended to enrich legal academics' and practitioners' reflections about trade marks, and to expose lawyers, judges and policy-makers to ideas, concepts and methods that could prove to be of particular importance in the development of positive law.


The Brand and Its History

The Brand and Its History

Author: Patricio Sáiz

Publisher: Routledge

Published: 2022-03-16

Total Pages: 528

ISBN-13: 1000549380

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This book delves into the origins and evolution of trademark and branding practices in a wide range of geographical areas and periods, providing key knowledge for academics, professionals, and general audiences on the complex world of brands. The volume compiles the work of twenty-five prominent worldwide scholars studying the origins and evolution of trademarks and branding practices from medieval times to present days and from distinct European countries to the USA, New Zealand, Canada, Latin America, and the Soviet Union. The first part of the book provides new insights on pre-modern craft marks, on the emergence of trademark legal regimes during the nineteenth century, and on the evolution of trademark and business strategies in distinct regions, sectors, and contexts. As industrialisation and globalisation spread during the twentieth century, trademarking led to modern branding and international marketing, a process driven by new economic, but also cultural factors. The second part of the book explores the cultural side of the brand and offers challenging studies on how luxury, fashion, culture associations, and the consolidation of national identities played a key role in nowadays branding. This edited volume will not only be of great value to scholars, students and policymakers interested in trademark/branding research, but to marketing and legal practitioners as well, aiming to delve into the origins of modern brand strategies. The chapters in this book were originally published as two special issues of the journal, Business History.


Improving the Efficiency of Arbitration Agreements and Awards:40 Years of Application of the New York Convention

Improving the Efficiency of Arbitration Agreements and Awards:40 Years of Application of the New York Convention

Author: A. J. van den Berg

Publisher: Springer

Published: 1999-10-14

Total Pages: 764

ISBN-13:

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Preface --Opening Address --Welcoming Addresses --Keynote Addresses --Introduction --Arbitration Clauses: Achieving Effectiveness --Arbitration Procedure: Achieving Efficiency without Sacrificing Due Process --Arbitration Awards: Solving Problems of Enforcement --Plenary Session --Annex Convention on the Recognition and Enforcement of Foreign Arbitral Awards, New York, 10 June 1958 (not available on KluwerArbitration.com) --List of Oral Interventions --Tables.