Description
Book SynopsisTrade Marks at the Limit is a collection of current, informed and original essays on different aspects of a topic that unites trade mark owners, practitioners and potential infringers alike - the fine borderline that separates permitted use of another business's trade mark from a use that constitutes trade mark infringement.
This important and groundbreaking book first examines the international legal framework for regulating unauthorised use of the trade marks of others. Then writers from both sides of the Atlantic and from Australia look at the practical problems and conceptual issues that the courts face in striking a balance between the needs of trade mark owners, their competitors, businesses that provide downstream services, and also consumers.
The authors address industry-specific issues involving the financial services sector and consumer goods as well as problems raised by comparative advertising, the need to protect free speech, the problems faced when dealing with non-traditional trade marks and the special case of multilingual jurisdictions. Authored by leading legal practitioners and consultants in related sectors, Trade Marks at the Limit is the first book to bring these issues together under the banner of permitted but unauthorised trade mark use.
Trade Review'. . . the book differs from the norm in addressing issues not conventionally found in the more standard trade mark works and in dealing with the subject not in the traditional textbook manner but in a series of contributions from a panel of distinguished international experts. . . While there will always be a need for the detailed and comprehensive academic and practitioner tomes, books such as this give the reader access to the cutting-edge minds of a number of leading experts in their fields. Books of this nature encourage the reader to question and challenge the current status of the law - the only way law can evolve. In both its structure and its content this book is highly commended.' -- Colin R. Davies, European Intellectual Property Review
Table of ContentsContents: Preface Introduction: Permitted But Unauthorised Use Jeremy Phillips PART I: THE LEGAL BACKGROUND 1. Permitted Use Under International Law Nicolas Dontas 2. Permitted Use Under European Law: The Framework Susie Middlemiss 3. Comparative Advertising in the United States Charles H. Googe, Jr and Lewis Clayton 4. A Contrast With Trade Mark Law: The Permitted Use of Geographical Indications Lasse A. Søndergaard Christensen and Janne Britt Hansen PART II: SPECIFIC ISSUES 5. Comparative Advertising in Europe Philippe de Jong 6. Use of Trade Marks on Repackaged and Relabelled Pharmaceutical Goods Christian Schumacher 7. Controlling Third Party Use at the Border Luca Giove 8. Compatibility of Products: The ECJ’s Gillette Ruling Rainer Hilli 9. Repairs and other Specialist Services in the Light of the ECJ’s BMW Ruling Montiano Monteagudo and Núria Porxas 10. Refills, Recharged Batteries and Recycled Products Wolfgang Kellenter 11. Honest Commercial Use in Light of the ECJ’s Gerolsteiner Ruling Grace Smith 12. ‘Descriptivess’ in American Trade Mark Law David W. Quinto and Anthony P. Alden 13. Interim Relief, Final Injunctions and Freedom of Speech: The French Greenpeace and Danone Litigation Grégoire Triet 14. Trade Mark Issues in the Financial Services Industry Steven Weiner and Frank Azzopardi 15. The Impact of Permitted Use on Trade Mark Valuation Mark Bezant 16. Unauthorised Use of Trade Marks: A Trade Mark Proprietor’s Perspective Bruce Proctor 17. Unauthorised Permitted Use in a Multilingual Jurisdiction Thierry Calame 18. Unauthorised Use of Another’s Trade Mark: A View from Australia Jackie O’Brien PART III: LOOKING TO THE FUTURE 19. Why is it Better to Brand so as not to Rely on Third Party Use? Dawn Franklin 20. Legal Strategies for Coping With Unwanted Third Party Use Steven Warner 21. Non-traditional Trade Marks: Unauthorised but Permitted Use Karin Cederlund and Petra Hansson Conclusion: Where Do We Go From Here? Jeremy Phillips Index
