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EU Trade Mark Law and Product Protection : A Comparative Analysis of Trade Mark Functionality.
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ISBN: 1003376045 1000902927 100090282X 1032446315 Year: 2023 Publisher: Milton : Taylor & Francis Group,

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"This book employs scholarly analysis to ground practical tools for applying the EU Trade Mark law (EUTM) functionality refusal grounds to address business needs when registering trade marks consisting of product characteristics. The study comprehensively examines the absolute grounds for a refusal of registration of functional signs under EUTM. It interprets the functionality refusal grounds through objective tests, focusing on the pro-competition rationale of denying trade mark exclusivity on product features that are technically or aesthetically important for competitors' ability to trade in alternative products. The work takes a comparative approach looking at the US trade dress functionality doctrine, and a law and economics perspective on the role of trade marks and brands in the marketplace. It explores how competition rules related to market definition and the substitutability of products, as well as marketing and design findings related to branding and aesthetics, could be integrated into the legal assessment of EUTM functionality. The volume will be of interest to academics and researchers working in the areas of Intellectual Property Law, Trade Mark and Design Law, EU Law, Comparative Law, and Branding"--


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Harmful Trademarks : Towards a New Understanding of Moral Bars in GCC Registration
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Year: 2019 Publisher: Nomos Verlagsgesellschaft mbH & Co. KG

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Between 2013-2017, around 115 EU trademark applications were rejected on morality and public order grounds. In the GCC (six Arab and Islamic countries), anecdotal evidence suggests some refusals have bemused foreign applicants and highlighted cultural blindspots. In this context, this work examines how three Arab Gulf states that have Islamic law as the main source of legislation and large expatriate communities, apply moral bars to trademark registration. It draws comparison with Western jurisdictions. Three main questions are explored: 1) To what extent do immoral or borderline trademarks/goods proceed to registration in conservative Islamic countries that apply trademark law in conformity with Shari’a law? 2) What reasoning is guiding decisions? 3) Can a concept of ‘harm’ improve our understanding of the power of trademarks and thus the moral thresholds that countries set?The author is an innovation and IP commercialisation professional. She acquired a passion for trademark law while completing a Master of Laws in ‘Intellectual Property and Competition Law’ in Munich, Germany. She is now pursuing a career in trademark law in the UK.


Book
Harmful Trademarks : Towards a New Understanding of Moral Bars in GCC Registration
Author:
Year: 2019 Publisher: Nomos Verlagsgesellschaft mbH & Co. KG

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Abstract

Between 2013-2017, around 115 EU trademark applications were rejected on morality and public order grounds. In the GCC (six Arab and Islamic countries), anecdotal evidence suggests some refusals have bemused foreign applicants and highlighted cultural blindspots. In this context, this work examines how three Arab Gulf states that have Islamic law as the main source of legislation and large expatriate communities, apply moral bars to trademark registration. It draws comparison with Western jurisdictions. Three main questions are explored: 1) To what extent do immoral or borderline trademarks/goods proceed to registration in conservative Islamic countries that apply trademark law in conformity with Shari’a law? 2) What reasoning is guiding decisions? 3) Can a concept of ‘harm’ improve our understanding of the power of trademarks and thus the moral thresholds that countries set?The author is an innovation and IP commercialisation professional. She acquired a passion for trademark law while completing a Master of Laws in ‘Intellectual Property and Competition Law’ in Munich, Germany. She is now pursuing a career in trademark law in the UK.


Book
Harmful Trademarks : Towards a New Understanding of Moral Bars in GCC Registration
Author:
Year: 2019 Publisher: Nomos Verlagsgesellschaft mbH & Co. KG

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Abstract

Between 2013-2017, around 115 EU trademark applications were rejected on morality and public order grounds. In the GCC (six Arab and Islamic countries), anecdotal evidence suggests some refusals have bemused foreign applicants and highlighted cultural blindspots. In this context, this work examines how three Arab Gulf states that have Islamic law as the main source of legislation and large expatriate communities, apply moral bars to trademark registration. It draws comparison with Western jurisdictions. Three main questions are explored: 1) To what extent do immoral or borderline trademarks/goods proceed to registration in conservative Islamic countries that apply trademark law in conformity with Shari’a law? 2) What reasoning is guiding decisions? 3) Can a concept of ‘harm’ improve our understanding of the power of trademarks and thus the moral thresholds that countries set?The author is an innovation and IP commercialisation professional. She acquired a passion for trademark law while completing a Master of Laws in ‘Intellectual Property and Competition Law’ in Munich, Germany. She is now pursuing a career in trademark law in the UK.


Book
European Union Trade Mark Regulation, (EU) 2017/1001 : article-by-article commentary
Authors: --- ---
ISBN: 9783406715105 3406715109 9781509928491 1509928499 9783848754540 3848754541 Year: 2018 Publisher: München : Oxford : Baden-Baden : C.H. Beck ; Hart Publishing ; Nomos,


Book
EU Trade Mark Regulation (EUTMR) : Brussels Commentary
Authors: --- ---
ISBN: 9783406789984 9781509972937 9783756011247 3406789986 1509972935 3756011240 Year: 2023 Publisher: München : Oxford : Baden-Baden : C.H.Beck ; Hart Publishing ; Nomos,

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This book provides a comprehensive guide to the EU Trade Mark Regulation (EUTMR).The book comments in detail on all provisions of the EUTMR, taking into account the case law of the European Court of Justice and domestic courts as EU Trade Mark courts. It then goes on to look at the decisions of the General Court, the Boards of Appeal and the first instance practice of the EUIPO.


Book
Socialistic brands : a unique category of vintage brands
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ISBN: 3845278811 3848735482 Year: 2017 Publisher: Nomos Verlagsgesellschaft mbH & Co. KG

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Socialistic brands are signs with unique characteristics acquired through their use in particular historical circumstances. It is considered whether, decades after the fall of the iron curtain, the shared historical pedigree justifies different treatment of these signs. The author attempts to answer the question of what would constitute as unfair appropriation of these brands and discusses the availability of legal remedies in such cases. The analysis of issues relating to socialistic brands is conducted on the basis of European and Polish law and jurisprudence. Trademark law and other fields of intellectual property law form the core of this consideration. The author additionally employs findings from branches of social sciences such as anthropology, sociology and semiotics, in order to shed light on the complex nature of the attractiveness of signs and how cultural connotations affect it.


Book
Subjektive Zurechnung im markenstrafrecht
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ISBN: 9783863950095 Year: 2011 Publisher: Universitätsverlag Göttingen

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Markenrechtsverletzungen beeinträchtigen die mit Markenrechten einhergehenden sozioökonomischen Vorteile für Produzenten, Händler, Verbraucher und die Allgemeinheit. Die vorliegende Untersuchung setzt sich mit Fragen der subjektiven Tatseite im Markenstrafrecht auseinander. Dazu entwickelt der Verfasser zunächst ein grundlegendes allgemeines System der strafrechtlichen subjektiven Zurechnung. Dieses wird sodann zur Lösung der Probleme der subjektiven Tatseite bei Markenstraftaten ausgearbeitet. Dabei werden die Einflüsse nicht nur der spezifischen markenstrafrechtlichen Besonderheiten eingehend durchleuchtet, sondern auch diejenigen der rechtstatsächlichen Aspekte des Markenstrafrechts wie etwa dessen Zugehörigkeit zur organisierten internationalen Wirtschaftskriminalität und die im Markenstrafrecht begegnenden Tätergruppen. Schließlich erörtert der Verfasser die relevanten Gesichtspunkte einer Inkriminierung von fahrlässigen Markenrechtsverletzungen de lege ferenda. Infringements of trademark rights detrimentally affect the socioeconomic benefits arising from trademarks for producers, merchants, consumers and the general public. The present analysis examines issues of the mental state of criminal offences against trademark rights. For this purpose the author develops a fundamental and universal system of imputation regarding the mental state of actions relevant for a crime. Such system is thereafter used and developed further to solve the problems of the mental state of criminal offences against trademark rights.


Book
Branding trust : advertising and trademarks in nineteenth-century America
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ISBN: 9781512824995 1512824992 Year: 2024 Publisher: Philadelphia, Pennsylvania : University of Pennsylvania Press,

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In the early nineteenth century, the American commercial marketplace was a chaotic, unregulated environment in which knock-offs and outright frauds thrived. Appearances could be deceiving, and entrepreneurs often relied on their personal reputations to close deals and make sales. Rapid industrialization and expanding trade routes opened new markets with enormous potential, but how could distant merchants convince potential customers, whom they had never met, that they could be trusted? Through wide-ranging visual and textual evidence, including a robust selection of early advertisements, Branding Trust tells the story of how advertising evolved to meet these challenges, tracing the themes of character and class as they intertwined with and influenced graphic design, trademark law, and ideas about ethical business practice in the United States.As early as the 1830s, printers, advertising agents, and manufacturers collaborated to devise new ways to advertise goods. They used eye-catching designs and fonts to grab viewers' attention and wove together meaningful images and prose to gain the public's trust. At the same time, manufacturers took legal steps to safeguard their intellectual property, formulating new ways to protect their brands by taking legal action against counterfeits and frauds. By the end of the nineteenth century, these advertising and legal strategies came together to form the primary components of modern branding: demonstrating character, protecting goodwill, entertaining viewers to build rapport, and deploying the latest graphic innovations in print. Trademarks became the symbols that embodied these ideas-in print, in the law, and to the public.Branding Trust thus identifies and explains the visual rhetoric of trust and legitimacy that has come to reign over American capitalism. Though the 1920s has often been held up as the birth of modern advertising, Jennifer M. Black argues that advertising professionals had in fact learned how to navigate public relations over the previous century by adapting the language, imagery, and ideas of the American middle class.


Book
Community design regulation (EC) No 6/2002 : article-by-article commentary
Author:
ISBN: 9783406714771 3406714773 9781509928514 1509928510 9783848754557 384875455X Year: 2018 Publisher: München : München : C.H. Beck ; Hart Publishing, Oxford,

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