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When a mark acquires a reputation, it becomes a means of attracting consumers by communicating to them various messages going beyond the indication of commercial origin of goods or services. Thus, trade marks familiar to the general public enjoy a special legal protection regime above and beyond that afforded trade marks in general, allowing them to benefit from enhanced protection against reproduction or imitation detrimental to, or taking unfair advantage of, the distinctive character of the mark or its repute. This richly researched book, the first comprehensive guide to current European Union (EU) law and practice concerned with reputed trade marks, conducts an in-depth analysis of this extended protection provided by Regulation 2017/1001 on EU trade marks and Directive 2015/2436 under which it is mandatory across all Member States. Using a practical approach, focused on identifying and analysing the criteria for infringement of trade marks with a reputation in proceedings before civil courts and in administrative proceedings before the European Union Intellectual Property Office (EUIPO) or national trade mark offices, the author addresses such elements of the special protection regime as the following: prerequisites for infringement of the right to a reputed mark common to all recognised forms of infringement; how to demonstrate each type of infringement of the right to the trade mark with a reputation (blurring, tarnishment and unfair advantage); proof of reputation; distinguishing the concept of well-known trade mark; legitimate versus questionable justifications of the ‘due cause’ exception within the meaning of EU law provisions; use of a disputed sign falling under freedom of expression; identifying the role of likelihood of confusion under the special regime; and how to prove the existence of a link between the signs in dispute. The author pays detailed attention to the case law of the Court of Justice and General Court of the EU, as well as cases before the EUIPO and national courts. He takes into account research from a number of Member States (plus Switzerland), thus widening prior work in the field from its predominant English-language context. With this book practitioners will confidently approach cases before courts, the EUIPO and national EU trade mark offices involving enhanced protection of trade marks with a reputation. In addition, the book will help judges and trade mark offices examiners to interpret the EU provisions and assess claims regarding such reinforced protection. For scholars and students of intellectual property law, this book will prove a cornerstone volume in the field.
Introduction: The Likelihood of Confusion --Similarity of Marks --Composite Marks --Similarity of Goods and Services --Distinctiveness of the Marks --Assessing Likelihood of Confusion --The Timing of Confusion --Non-Traditional Marks and the Likelihood of Confusion.
An insider's analysis on the law and enforcement of trademarks from developing an effective anticounterfeiting program to using customs enforcement to stop counterfeit goods from entering the marketplace to punishing counterfeiters in the courtroom. You'll find comprehensive coverage of trademark counterfeiting law written by legal and enforcement IACC members, from seasoned attorneys to corporate counsel. You'll also find all the tools you need to enforce your trademark. Coverage includes: expert analysis of the law of trademark protection the use of technology for security how to use investigators public relations issues custom enforcement agencies structure courtroom strategies and more You'll find practical discussions and comprehensive analysis on trademark counterfeiting brought together by a team of experience legal and enforcement experts to help you protect and enforce trademark rights-through federal and state criminal and civil laws, through the U.S. Customs Service, and through internal corporate procedures. This unique guide brings you up-to-date coverage of the laws And The procedures you must follow to prevent trademark counterfeiting. it is a one-stop resource of valuable practice aids at your fingertips. You'll also find analysis of case law and statutes, sample forms and documents, and other tools to save you research and drafting time. Always Current TRADEMARK COUNTERFEITING is completely up-to-date. But to make sure you're always abreast of the latest legal developments, you will automatically receive -- risk-free with no obligation to purchase -- updates and/ or new editions. You will be billed separately at the then-current price. Upon receipt, you will have 30 days to purchase or return. Of course, you may cancel this automatic supplementation program at any time simply by notifying Aspen Publishers in writing.
Focusing on the issues that trademark surveys address, this book offers practical tools for recognizing and appreciating good survey methodology and distinguishing valuable evidence. The authors examine design and analysis topics relevant when presenting, defending, or critiquing a survey. Combining theory and practice in one resource, it features actual and hypothetical cases while discussing how the courts have addressed these issues. Current and authoritative, this book provides strategic guidance on how to identify important issues, understand options, and the best way to handle them.
This file contains Likelihood of Confusion in Trademark Law by Richard L. Kirkpatrick which provides an overview of the multiple factor test - the generally accepted method of analyzing liklihood of confusion cases - as well as a systematic examination into each one of the key factors used by the courts to determine if likelihood of confusion exists.
"Trademark Surveys provides the most expansive and cohesive treatment of the topic of survey research and its use in the courts. A complete revision of a long out-of-print resource, the two volumes that comprise Trademark Surveys will help attorneys understand and improve the quality of survey research proffered as evidence in litigated proceedings. Volume 1 begins with a discussion of critical pre-survey considerations, from the legal issues that can be examined via survey research to the reasons for and uses of survey research. The majority of this volume is authored by Jack Jacoby, a prominent social scientist who commands substantial expertise with all aspects in the construction, analysis, and application of trademark surveys in litigation. Case law commentary is woven into the discussion in each chapter. Topics in Volume I include: the elements of designing, conducting, and reporting surveys; understanding pertinent aspects of the marketplace; overview of the scientific research process; defining the proper universe; sampling issues; test settings and stimuli; questionnaire construction; implementing the survey and gathering data; numerous issues in aggregating, evaluating, and reporting survey findings"--Unedited summary from book.