Trade-Marks, Unfair Competition, and the Courts: Some Unsettled Aspects of the Lanham Act

1953 ◽  
Vol 66 (6) ◽  
pp. 1094
Keyword(s):  
Unfair Competition ◽  
Trade Marks ◽  
Lanham Act

scholarly journals Trade-Marks and Unfair Competition

1935 ◽  
Vol 83 (3) ◽  
pp. 407
Author(s):  
John F. X. Finn ◽  
Orson D. Munn
Keyword(s):  
Unfair Competition ◽  
Trade Marks

Trade Marks and Allied Rights

2017 ◽  
Author(s):  
Dev Gangjee
Keyword(s):  
Brand Image ◽  
Trade Mark ◽  
Unfair Competition ◽  
Legal Issues ◽  
Geographical Indications ◽  
Trade Marks ◽  
Passing Off ◽  
Domain Names ◽  
Detrimental Impact ◽  
Scope Of Protection

This chapter outlines the principal features of trade mark protection regimes, drawing primarily on EU and US materials to illustrate the underlying legal issues. It includes an outline of the principal allied rights; namely (i) unfair competition, (ii) passing off, (iii) publicity rights, (iv) geographical indications, and (v) domain names. The overview traces the incremental re-orientation of trade mark regimes in recent decades as they have moved beyond their traditional remit of origin-indication protection in response to claims that brand image needs to be better accommodated. In some cases, the ensuing broader scope of protection can have a detrimental impact on speech and inhibit marketplace competition.

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