The Historical Foundations of the Law Relating to Trademarks

The Historical Foundations of the Law Relating to Trademarks
Title The Historical Foundations of the Law Relating to Trademarks PDF eBook
Author Frank Isaac Schechter
Publisher
Pages 260
Release 1925
Genre Trademarks
ISBN

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The Historical Foundations of the Law Relating to Trade-marks

The Historical Foundations of the Law Relating to Trade-marks
Title The Historical Foundations of the Law Relating to Trade-marks PDF eBook
Author Frank Isaac Schechter
Publisher The Lawbook Exchange, Ltd.
Pages 246
Release 1999
Genre Trademarks
ISBN 158477035X

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What is the exact nature of the right to a trademark? What is the basis of relief in trademark cases of unfair competition? Schechter unravels these problems as he traces the development of the law of trademarks from medieval times to the early twentieth century. ". . . invaluable for starting scholarly research." --Julius J. Marke, A Catalogue of the Law Collection of New York University (1953) 869 "Mr. Schechter has turned up much interesting and hitherto unpublished material concerning the use of guild and artisans' marks in the Middle Ages in England. His chapter (V) on "The Development of Trade Mark Law in the Cutlery Trades," is particularly valuable and contains matter not before in print. It makes understandable the reference to registers of the cutlers' companies in the English Trade Marks Act of 1875." --Edward S. Rogers, Michigan Law Review 24 (1925-1926) 98 Frank Isaac Schechter [1890-1937] received the first doctor of jurisprudence degree given by Columbia University. He was a practicing attorney and authority on trademark law. His father was Solomon Schechter, a Biblical scholar who was the president of the Jewish Theological Seminary and the founder of the United Synagogue of America.

Research Handbook on the History of Trademark Law

Research Handbook on the History of Trademark Law
Title Research Handbook on the History of Trademark Law PDF eBook
Author Lionel Bently
Publisher Edward Elgar Publishing
Pages 489
Release 2024-10-03
Genre Law
ISBN 1788973100

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Presenting a variety of historiographical approaches, this Research Handbook explores the historical development of trademarks and the associated commercial practices of branding. It has an international scope, covering trademark history in Australia, Israel, pre-modern Europe, Sweden, the UK, and the US.

Rethinking Intellectual Property

Rethinking Intellectual Property
Title Rethinking Intellectual Property PDF eBook
Author Gustavo Ghidini
Publisher Edward Elgar Publishing
Pages 416
Release 2018
Genre Law
ISBN 1783478012

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Intellectual property law is built on constitutional foundations and is underpinned by the twin freedoms of freedom of expression and freedom of economic enterprise. In this thoughtful evaluation, Gustavo Ghidini offers up a reconstruction of the core features of each intellectual property paradigm, including patents, copyright, and trademarks, suggesting measures for reform to allow intellectual property to become socially beneficial for all.

Protecting Creativity in Fashion Design

Protecting Creativity in Fashion Design
Title Protecting Creativity in Fashion Design PDF eBook
Author Susanna Monseau
Publisher Taylor & Francis
Pages 152
Release 2023-03-17
Genre Law
ISBN 100082277X

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Exploring the debate over the benefits of legal protection for fashion design, this book focuses on how a combination of minimal legal protections for design, evolving social norms, digital technology, and market forces can promote innovation and creativity in a business known for its fast-paced remixing and borrowing. Focusing on the advantages and disadvantages of the main US and EU IP laws that protect fashion design in the world’s biggest fashion markets, it describes how recent US case law in copyright and trademark cases has led to misaligned incentives for the industry and a lack of clear protection, while, in the EU, the CJEU’s interpretation of the pan-European design rights system has created significant overlap with copyright law and risks, leading to the overprotection of design. The book proposes that creativity and innovation in fashion derive some benefit from a limited unregistered design right protection, and that cumulation with copyright protection is unhelpful. It also proposes that there is a larger role for developing social norms relating to sustainability, the ethics of cultural appropriation, and the online shaming of counterfeiters that can also help create a fair equilibrium between protection and borrowing in fashion design.

Trade Marks and Free Trade

Trade Marks and Free Trade
Title Trade Marks and Free Trade PDF eBook
Author Lazaros G. Grigoriadis
Publisher Springer
Pages 528
Release 2014-05-06
Genre Law
ISBN 3319047957

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This book is the first study to examine the issue of the legality of parallel imports of trademarked goods under the most important legal systems on an international level, namely under GATT/WTO law, EU law and the laws of the ten major trading partners of the European Union. Part I consists of a general approach to the phenomenon of parallel importation and of a presentation of the theories that have been suggested to resolve the above-mentioned issue. The rule of exhaustion of rights, of which there are three types (rule of national, regional and international exhaustion of rights), is proposed as the most effective instrument to deal with the issue in question. Part II examines the question of exhaustion of trademark rights in light of the provisions of GATT/WTO Law. Part III analyzes the elements of the EU provisions on exhaustion of trademark rights (Articles 7 of Directive 2008/95/EC and 13 of Regulation (EC) 207/2009) and some specific issues relating to the application of these provisions. Part IV presents the regimes of exhaustion of trademark rights recognized in the European Union’s current ten most significant trading partners. The book is the first legal study to welcome, in light of economic analysis, the approach adopted by GATT/WTO law and EU law to the question of the geographical scope of the exhaustion of the trademark rights rule. It includes all the case law developed on an international level on the issue of the legality of parallel imports of trademarked goods and a comprehensive overview of the scientific literature concerning the phenomenon of parallel imports in general and the legality of parallel imports of trademarked goods. All the views expressed in the book are based on the European Court of Justice’s most recent case law and that of the courts of the most important trading partners of the European Union.

Trademark and Unfair Competition Conflicts

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

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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.