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.
Total Pages: 445
Release: 2020-04-09
Genre: Law
ISBN: 9403519916

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.

TM

TM
Author: Ivan Chermayeff
Publisher: Princeton Architectural Press
Total Pages: 292
Release: 2000-09
Genre: Design
ISBN: 9781568982564

The NBC peacock, the PBS "everyman," the Chase Bank octagon, and hundreds of other outstanding trademarks have been created by one design firm, Chermayeff & Geismar Inc. Their logos and identity programs for high-profile corporations such as Mobil, Time Warner, Viacom, and Xerox, and for preeminent institutions such as the New York Public Library, Alvin Ailey Dance, the Smithsonian Institution, and the Museum of Modern Art, are instantly recognizable hallmarks of design. TM collects over 200 trademarks created over the 40-year history of the firm, which is led by Ivan Chermayeff, Tom Geismar, and Steff Geissbuhler. The variety and vitality of their work is reflected in this visually rich book, which serves an inspiration for designers as well as a reference to the best in trademark design.

Trade Marks and Brands

Trade Marks and Brands
Author: Lionel Bently
Publisher: Cambridge University Press
Total Pages: 0
Release: 2011-03-03
Genre: Law
ISBN: 9780521187923

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.

Trademarks, Brands, and Competitiveness

Trademarks, Brands, and Competitiveness
Author: Teresa da Silva Lopes
Publisher: Routledge
Total Pages: 271
Release: 2010-05-04
Genre: Business & Economics
ISBN: 1135177333

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.

Trademarks & Symbols: Symbolical designs

Trademarks & Symbols: Symbolical designs
Author: Yasaburo Kuwayama
Publisher: New York ; Toronto : Van Nostrand Reinhold
Total Pages: 200
Release: 1973
Genre: Business & Economics
ISBN:

A comprehensive, profusely illustrated guide to more than 1,500 trademark from all over the world. The trademark designs in this volume are based on letter forms and arranged alphabetically. To make the book easy to use it has three indexes: 1. Index of names of companies represented. 2. Index of type of industry, business, product or service. 3. Index of designers.

Trade Mark Licensing

Trade Mark Licensing
Author: Neil J. Wilkof
Publisher: Sweet & Maxwell
Total Pages: 560
Release: 2005
Genre: Law
ISBN: 9780421636309

Recent years have seen fundamental changes to the law and practise of trade mark licensing. "Trade Mark Licensing 2nd edition" offers a completely rounded perspectivce on the subject, integrating discussion of legal concepts with extensive advice on practical concerns. It provides comprehensive coverage of trade mark licensing under UK and US law, and also considers relevant EU law, including EU competition law and trade mark exhaustion. A detailed sample agreement is included, complete with explanatory notes and cross-references to the main text. This edition also contains new chapters on trade mark licensing in France and Germany, and on domain name+ licensing.