The Commercial Appropriation of Fame

The Commercial Appropriation of Fame
Author: David Tan
Publisher: Cambridge University Press
Total Pages: 341
Release: 2017-04-20
Genre: Biography & Autobiography
ISBN: 1107139325

9.1 A Pragmatic Cultural Framework for Legal Analysis -- 9.2 Concluding Remarks -- Bibliography -- Index

Intellectual Property at the Edge

Intellectual Property at the Edge
Author: Rochelle Cooper Dreyfuss
Publisher: Cambridge University Press
Total Pages: 491
Release: 2014-06-19
Genre: Law
ISBN: 1139916416

Intellectual Property at the Edge addresses both newly formed intellectual property rights and those which have lurked on the fringes, unadmitted to the established IP canon. It provides a basis for studying and discussing the history of these emerging rights as well as their relationship to new technological opportunities and to the changing importance of innovation and creative production in the global economy. In addition to addressing the scope of new rights, it also focuses on new limitations to patent, copyright and trademark rights that spring from similar changes. All of these developments are examined comparatively: for each new development, scholars in two jurisdictions analyse the evolving legal norm. In several instances, the first of the paired authors writes from the perspective of the legal system in which the doctrine emerged, and the second addresses its reception in her jurisdiction.

Towards a European Unfair Competition Law

Towards a European Unfair Competition Law
Author: Rogier W. De Vrey
Publisher: BRILL
Total Pages: 399
Release: 2006
Genre: Law
ISBN: 9004150404

The main aim of this book is to discuss the state of unfair competition law in the European Union. In this respect, the various efforts that have been made in the past to come to harmonization of this area of law and the reasons that they were only partially successful are reviewed. In addition, the International and European regulations that refer to unfair competition, like, e.g., the Paris Convention, the TRIPs and the recent 2004 Unfair Commercial Practices Directive are discussed. Also an overview is given of the unfair competition laws in the United Kingdom, Germany and the Netherlands with respect to the 'problem-areas' of slavish imitation, misleading advertising, denigrating one's competitor, trade secrets and finally, misappropriation of valuable trade assets. Unfair competition law is traditionally considered part of intellectual property law. Not only the relation of unfair competition law to intellectual property laws are therefore part of the discussion but also the areas of consumer protection law (since unfair competition law is partly orientated towards consumer protection) and competition (as an economic concept) is the topic of thorough review.

Trademark and Unfair Competition Conflicts

Trademark and Unfair Competition Conflicts
Author: Tim W. Dornis
Publisher: Cambridge University Press
Total Pages: 699
Release: 2017-02-23
Genre: Law
ISBN: 1107155061

This book will be of interest for all jurists doing research and working practically in intellectual property law and international economic law. It should be an element of the base stock for every law school library and specialized law firm. This title is available as Open Access.

Law Against Unfair Competition

Law Against Unfair Competition
Author: Reto Hilty
Publisher: Springer Science & Business Media
Total Pages: 274
Release: 2007-07-28
Genre: Law
ISBN: 3540718826

This book examines the present state of harmonization of unfair competition law in Europe. It discusses the particular approach to unfair competition law in the 10 new Member States and the possible impact on the future development of European unfair competition law. The book presents new insight in the importance of unfair competition law, especially in countries with a developing market economy.

Unfair Competition Law

Unfair Competition Law
Author: Frauke Henning-Bodewig
Publisher: Kluwer Law International B.V.
Total Pages: 274
Release: 2006-01-01
Genre: Law
ISBN: 9041123296

The book delineates, with extraordinary clarity and precision, the working of unfair competition law throughout the European Union. Its four comprehensive chapters encompass: basic considerations of definition, subject matter, enforcement, and applicable law: international provisions under the Paris convention, TRIPS, and WIPO model law; analysis of relevant EC directives and regulations and ECJ jurisprudence; and extensive discussions of the national unfair competition laws of all 25 Member States. For each Member State, specific topics covered include such considerations as the following: sources of law; competition law in a nutshell; regulation of advertising; direct marketing; sales promotion; risk of confusion; disparagement, defamation; misappropriation, imitation; impediment of competitors; and breach of the law. The author also provides a selected bibliography of sources for each country. It would be difficult to find a more useful analysis of European Unfair Competition Law than this systematic study. It is practical, thorough, clarifying, and readable, all at the same time. The author untangles the most complex of apparent contradictions with impressive skill. Copies of this book will quickly take their places on the working shelves of interested practitioners, academics, and officials throughout Europe.

The Commercial Appropriation of Personality

The Commercial Appropriation of Personality
Author: Huw Beverley-Smith
Publisher: Cambridge University Press
Total Pages: 403
Release: 2002-08-15
Genre: Law
ISBN: 1139433717

Commercial exploitation of attributes of an individual's personality, such as name, voice and likeness, forms a mainstay of modern advertising and marketing. Such indicia also represent an important aspect of an individual's dignity which is often offended by unauthorized commercial appropriation. This volume provides a framework for analysing the disparate aspects of the problem of commercial appropriation of personality and traces, in detail, the discrete patterns of development in the major common law systems. It also considers whether a coherent justification for a remedy may be identified from a range of competing theories. The considerable variation in substantive legal protection reflects more fundamental differences in the law's responsiveness to commercial practices and different attitudes towards the proper scope and limits of intangible property rights.

Goodwill in Passing Off

Goodwill in Passing Off
Author: Ng, Catherine
Publisher: Edward Elgar Publishing
Total Pages: 256
Release: 2021-07-31
Genre: Law
ISBN: 1800887744

The law of passing off protects traders from a form of misrepresentation that harms their goodwill, and consumers from the market distortion that may result. This carefully-crafted work seeks to delineate two intertwined aspects of goodwill: substantive and structural goodwill. It argues that the law of passing off should focus on protecting structural goodwill, and that this in turn allows traders’ authentic voices to help shape the substantive goodwill to attract custom for them in the marketplace.