Description
Book SynopsisThis important research
Handbook brings together a set of illuminating works by the field's leading scholars to comprise one of the broadest and most far-reaching overviews of trademark law issues. Organized around three areas of inquiry, the book starts by offering a rich variety of methodological perspectives on trademark law. Reflecting the multifaceted nature of contemporary trademarks, contributors have drawn from law and economics, political science, semiotic theory, and history. The
Handbook goes on to survey trademark law's international landscape, addressing indigenous cultural property, human rights issues, the free movement of goods, and the role of substantive harmonization. It concludes with a series of forward-looking perspectives, which focus on trademark law's intersection with the laws of advertising and free speech, copyright law, cyberspace regulation, and design protection.
Discussing critical future issues regarding trademark protection and its relationship with other social policies, this Handbook will be of great interest to legal scholars, trademark lawyers and law students. It will also be of interest to academics in marketing, business, consumer psychology, and economics
Trade Review‘Trademark Law and Theory
brings together a global collection of 19 highly-respected scholars and is an excellent resource for practitioners, students, and trademark scholars alike. . . Trademark Law and Theory
provides the reader with an excellent overview of the threads of current trademark law scholarship.' -- Leah Chan Grinvald, The IP Law Book Review
'Boasting an impressive list of contributors, this first edition of Trademark Law and Theory
brings together a compilation of well-written and powerfully argued works by leading international academics. The book is certainly one of the most extensive and thought provoking overviews of contemporary trademark law and theory yet to be published. . . Whilst all the contributions share in common their examination of the rapidity of change within trademark systems, the editors should be commended on their generous seasoning of other cross cutting themes throughout the Handbook
. . . This fascinating compendium enriches our understanding of the shape, substance, and form of trademark law and theory. . . this Handbook
is perhaps a rare exception to the adage that "no book can be all things to all men". Its broad sweep approach and cross cutting themes enable a range of interested parties, such as policymakers; academics in the fields of marketing, business, consumer psychology; in addition to the usual suspects; to dip in and out of the Handbook
as they wish. . . a unique and erudite collection of essays concerning trademark law and theory. . .' -- Odette Hutchinson, Communications Law
'Trademarks is an area of vital, practical everyday concern, and the idea of producing a volume that brings together the perspectives of 19 thoughtful and experienced legal scholars is a bold and exciting initiative. The present volume does not disappoint and the two editors are to be congratulated on orchestrating an ensemble that simultaneously informs and stimulates. The title is apt: it is truly "contemporary" and is highly theoretical and doctrinal in character, while the interesting choice of the word "handbook" suggests clearly that this is a work in progress, a snapshot at a particular time of the challenging lines of individual research that each contributor to the volume is undertaking. It is a fine addition to a larger series of research handbooks in intellectual property published by Edward Elgar under the series editorship of Jeremy Phillips. . . The editors have done a fine job in presenting this material in such a clear and coherent fashion. . . this is an excellent and rewarding volume of readings that will be of interest to anyone working in the area of trademarks, whether as an academic or as a practitioner. Indeed, for the practitioner it will be of particular value, in that it contains, and opens up, many areas of inquiry that may not always be apparent when working at the coalface of a particular problem. . . For both kinds of readers, the real value of the volume is to have so many different kinds of perspectives brought together within the space of a single volume. . . this is a handsome production: the publishers and editors are to be commended on the clarity and cleanness of the typeface and headings, the thoroughness of the index, and the accuracy of their proof reading. It has also been given a striking and evocative cover.' -- Sam Ricketson, University of Melbourne Law School Australia, European Intellectual Property Review
'Trademark Law and Theory
is a first-rate exploration of the issues that will dominate trademark law in the 21st century. Authors from five continents provide a truly global perspective on the present and future of trademark law. An exceptional collection of contributors and contributions.' -- Robert Denicola, University of Nebraska, US
Table of ContentsContents: Introduction PART I: METHODOLOGICAL PERSPECTIVES 1. From Communication to Thing: Historical Aspects of the Conceptualisation of Trade Marks as Property Lionel Bently 2. The Semiotic Account of Trademark Doctrine and Trademark Culture Barton Beebe 3. A Search-Costs Theory of Limiting Doctrines in Trademark Law Stacey L. Dogan and Mark A. Lemley 4. Trade Mark Bureaucracies Robert Burrell 5. The Political Economy of Trademark Dilution Clarisa Long PART II: INTERNATIONAL AND COMPARATIVE DIMENSIONS 6. Fundamental Concerns in the Harmonization of (European) Trademark Law Annette Kur 7. Substantive Trademark Law Harmonization: On the Emerging Coherence Between the Jurisprudence of the WTO Appellate Body and the European Court of Justice Gail E. Evans 8. The Free Movement (or not) of Trademark Protected Goods in Europe Thomas Hays 9. The Trademark Law Provisions of Bilateral Free Trade Agreements Burton Ong PART III: CRITICAL ISSUES A. Trademarks and Speech 10. Reconciling Trademark Rights and Expressive Values: How to Stop Worrying and Learn to Love Ambiguity Rochelle Cooper Dreyfuss 11. Truth and Advertising: The Lanham Act and Commercial Speech Doctrine Rebecca Tushnet 12. Restricting Allusion to Trade Marks: A New Justification Michael Spence B. Limiting the Scope of Trademark Rights 13. Protecting the Common: Delineating a Public Domain in Trade Mark Law Jennifer Davis 14. Tolerating Confusion About Confusion: Trademark Policies and Fair Use Graeme W. Austin 15. Online Word of Mouth and its Implications for Trademark Law Eric Goldman C. Trademarks and Traditional Knowledge 16. Trademarks and Traditional Knowledge and Cultural Intellectual Property Rights Susy Frankel 17. Culture, Traditional Knowledge and Trademarks: A View from the South Coenraad Visser D. The Edges of Trademark Protection 18. Of Mutant Copyrights, Mangled Trademarks, and Barbie’s Beneficence: The Influence of Copyright on Trademark Law Jane C. Ginsburg 19. Signs, Surfaces, Shapes and Structures – The Protection of Product Design Under Trade Mark Law Alison Firth Index
