Description
Book SynopsisTrade Review‘With a focus on US and German law, Aslani’s analysis of the legal protection of hashtags highlights persistent problems of doctrinal incoherence and inconsistency in two very different trade mark regimes. While providing scholarly rigor and depth, Hashtags and Trade Marks: A Comparative Legal Approach
also offers practical solutions and a taxonomy of hashtag categories that will assist lawyers, judges, and administrative authorities dealing with real-world questions of registration and scope of protection for these unconventional marks. The implications of this multifaceted study could reach beyond the example of hashtags alone; as the opportunities afforded by digital technology exercise their profound influence on human relations in every sphere, the principles outlined in this book may well be applied to as-yet unimagined modes of future communication.’ -- Barbara Lauriat, Texas Tech University, US
‘This is a must read for anyone who has an interest in hashtags and trademark law. A very timely, first-of-its kind publication, this insightful work covers three crucial jurisdictions, the US, the EU and Germany to unpack the underlying fundamental issues of freedom of expression, competition and trade mark protection in the current information space.’ -- Frederick Mostert, King’s College London, UKc
Table of ContentsContents: PART I #SETTINGTHESTAGE: FOUNDATIONS, ANCESTRY AND TAXONOMY OF HASHTAGS 1 Introduction: hashtags as trade marks and trade marks as hashtags 2 Ancestry and uses of hashtags PART II NAVIGATING THE HASHTAG LEGAL LANDSCAPE: IN-DEPTH ANALYSIS 3 Registered rights and hashtags 4 Hashtag mark infringement 5 Defences/fair use PART III CLOSING ARGUMENTS: REACHING A CONCLUSION 6 Conclusion: addressing the conundrum of hashtag trade marks Index
