Cornucopia of Comparative Case Law: Trade Mark Law in Asia

2020 ◽  
Author(s):  
Danny Friedmann
Keyword(s):  
Case Law ◽  
Trade Mark ◽  
Trade Mark Law

Intermediary Liability and Trade Mark Infringement: A Common Law Perspective

2020 ◽  
pp. 403-420
Author(s):  
Richard Arnold
Keyword(s):  
Common Law ◽  
Case Law ◽  
Trade Mark ◽  
Trade Marks ◽  
Legal Principles ◽  
Trade Mark Infringement ◽  
Trade Mark Law ◽  
Intermediary Liability ◽  
Eu Trade Mark Law ◽  
Blocking Injunctions

This chapter discusses UK case law in the domain of intermediary liability and trade mark infringement, while situating this common law perspective within EU trade mark law, the e-Commerce Directive, and the Enforcement Directive. The chapter first describes liability stemming from legal principles which are not particular to intermediaries, including primary and accessory liability of online intermediaries for trade mark infringement. Later, the chapter reviews liability depending on the application of principles which are specific to intermediaries, the intermediary liability proper. In this context, the chapter looks into injunctions against intermediaries whose services are used to infringe trade marks that are made available in national jurisdictions under the implementation of Article 11 of the Enforcement Directive. Although other kinds of injunctions against intermediaries are available, the chapter focuses on website-blocking injunctions, which have been recently ported from the copyright domain, where they have been more traditionally deployed, to the trade mark domain.

European Trade Mark Law

2017 ◽  
Author(s):  
Annette Kur ◽  
Martin Senftleben
Keyword(s):  
Detailed Analysis ◽  
National Level ◽  
Case Law ◽  
Trade Mark ◽  
Trade Mark Law ◽  
European Trade ◽  
Developing Area ◽  
National Trade

European Trade Mark Law provides a coherent and authoritative commentary on both the substantive and procedural aspects of European trade mark law. It presents an integrated picture of the two major trade mark law provisions at EU level: the Community Trade Mark Regulation (CMTR), which provides for the registration and protection of a Europe-wide mark; and the Trade Mark Directive (TMD), which aims to harmonise national trade mark laws. The book's core focus is the Community texts and case law, and it offers a detailed analysis of the CMTD and TMD, as well as practical discussion of the procedure for registering, maintaining, and challenging a trade mark through the European Trade Mark Office and at the national level. It considers how national laws have been successfully harmonised by the TMD, and where they differ significantly from others in their implementation of the Directive. Written by one of the leading trade mark lawyers in Europe, this is an invaluable reference for both academics and practitioners in this complex and rapidly developing area of law.

II. TRADE MARK LAW: THE COMMUNITY'S THINKING WIDENS AND DEEPENS

2004 ◽  
Vol 53 (4) ◽  
pp. 1013-1023 ◽  
Author(s):  
Catherine Seville
Keyword(s):  
Case Law ◽  
Trade Mark ◽  
Trade Marks ◽  
Steep Increase ◽  
Trade Mark Law ◽  
Practical Guidance

Trade marks remain hugely important for the economy of the Community. Enlargement has brought a steep increase in filings for the Community Trade Mark, and the new rate of applications seems likely to be maintained. As always, a balance must be struck between the Community's priorities, and those of the trade mark holder. Considerable harmonization of Community trade mark law has already been achieved by legislative means. There is an abundance of new case law, giving detailed and practical guidance for the interpretation of these measures. As a result, those using trade mark systems throughout the Community will benefit from increased consistency and depth of understanding in the application of the regime. The wider international scene will be given welcome recognition by the Community's accession to the Madrid Protocol. The Community's position on international exhaustion remains essentially unchanged, although the matter is still a controversial one.

Trade Mark Law in Europe

2016 ◽  
Author(s):  
Alexander Mühlendahl ◽  
Dimitris Botis ◽  
Spyros Maniatis ◽  
Imogen Wiseman
Keyword(s):  
Case Law ◽  
The United States ◽  
Trade Mark ◽  
Critical Discussion ◽  
Comparative Approach ◽  
The European Union ◽  
Trade Marks ◽  
Court Of Justice ◽  
Challenges And Opportunities ◽  
Trade Mark Law

In light of the ever-growing and developing jurisprudence of the Court of Justice and the General Court, and forthcoming substantive and systemic changes to the law, there is a need for a fresh and practical approach to the procedure and case law of trade marks in Europe. Trade Mark Law in Europe is a comprehensive guide to European trade mark law following the jurisprudence of the Court of Justice of the European Union and the case law of the General Court. It provides a wide-ranging overview of the trade mark system, including detailed and critical discussion of forthcoming changes, as well as an in-depth look at the life of a trade mark up to enforcement. It considers the conditions for maintaining a registration, the protection and enforcement of trade marks, and the interface between trade mark law and other areas of practice. Finally, it offers detailed and insightful analysis of current developments, challenges, and opportunities. This is complemented by an international and comparative approach which selectively considers the contemporary jurisprudence of the Supreme Court of the United States and general US practice, as well as national jurisprudence in areas not yet covered by the CJEU. Written by highly-regarded authors with considerable expertise across a range of constituencies, Trade Marks in Europe is a timely and important study of this complex and challenging area of law.

Four Dimensions of Diamond T: Combination Trade Marks of Colours And Shapes

2006 ◽  
Vol 37 (4) ◽  
pp. 583
Author(s):  
Michael McGowan
Keyword(s):  
Three Dimensional ◽  
Trade Mark ◽  
Fourth Dimension ◽  
Trade Marks ◽  
Four Dimensions ◽  
Trade Mark Law ◽  
Dimensional Shape ◽  
Three Dimensional Shape

This article examines the relatively new fields of colour and shape trade marks. It was initially feared by some academics that the new marks would encroach on the realms of patent and copyright.  However, the traditional requirements of trade mark law, such as functionality and descriptiveness, have meant that trade marks in colour and shape are extremely hard to acquire if they do not have factual distinctiveness. As colour and shape trade marks have no special restrictions, it is proposed that the combination trade mark theory and analysis from the Diamond T case should be used as a way to make them more accessible. The combination analysis can be easily applied because every product has a three dimensional shape and a fourth dimension of colour.

Sign in / Sign up

Export Citation Format

Share Document