The trademark paradox : trademarks and their conflicting legal and commercial boundaries için kapak resmi
Başlık:
The trademark paradox : trademarks and their conflicting legal and commercial boundaries
Yazar:
Manley, Catherine M., 1969- author.
ISBN:
9783631656433
Fiziksel Tanımlama:
466 pages : chiefly color illustrations ; 22 cm.
Seri:
Schriften zum Medien-, Urheber- und Wirtschaftsrech, Band 20
Genel Not:
Originally presented as the author's thesis (doctoral)--Philipps-Universität Marburg, 2014.
İçerik:
Introduction -- Trademarks & business: the protection of brand assets -- U.S. trademark protection: common law roots & commerce -- EU trademark protection: tension between competing interests -- Trademarks & competition: competition's role in resolving the tension between proprietary rights & market competition -- Application of U.S. antitrust laws to intellectual property rights : deference to proprietary rights -- Application of EU principles to intellectual property rights : deference to competition & the internal market -- Commercial boundaries : significance & strategies -- Trademark's legal boundaries : conflict between private rights & public interests -- Solutions : striking a balance.
Özet:
Trademarks play a fundamental role in our everyday lives as consumers, helping us to quickly choose the products we like and avoid those that we don’t. Trademarks are also essential elements in a competitive market, allowing companies to build brand loyalty without fear of free-riding by competitors. Trademark laws thus diminish customer confusion, make «communication» between seller and buyer simple, and prevent unfairness. However, expanding legal protection, coupled with commercial «bullying», have served to restrict, rather than promote, competition. The paradox lies in how we have dealt with the conflict: in our quest to promote competition, we have failed to adequately balance private interests (e.g., protection of business goodwill) with public interests (ensuring a robust, competitive market without restraints on trade). This book examines trademarks’ conflicting legal and commercial boundaries. It concludes by suggesting principles and guidelines to help resolve the imbalance.
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Kitap EKOBKN0005694 346.240488 MAN 2015
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