Trademark Dilution Search Costs And Naked Licensing PDF Download
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Author | : Daniel M. Klerman |
Publisher | : |
Total Pages | : 0 |
Release | : 2014 |
Genre | : |
ISBN | : |
Download Trademark Dilution, Search Costs, and Naked Licensing Book in PDF, ePub and Kindle
Trademark dilution needs to be rethought to ensure that it enhances social welfare. Blurring should only be considered harmful when it increases consumer search costs. The fact that a trademark calls to mind two different products should not itself be considered actionable. Blurring only causes real harm when it interferes with consumers' ability to remember brand attributes. The Coase Theorem suggests that anti-dilution statutes will not block beneficial, non-competing uses of a mark, because, if transactions costs are low and the use is socially beneficial, the trademark owner will license the use. Unfortunately, the "naked licensing" rule, which forbids unsupervised licenses, adds unnecessary transactions costs and blocks potentially beneficial uses. Some commentators think free riding is or should be the essence of dilution. If free riding causes no harm - no consumer confusion, no blurring, and no tarnishment - then it is socially beneficial and should be allowed.
Author | : Jamil Ammar |
Publisher | : Cambridge Scholars Publishing |
Total Pages | : 235 |
Release | : 2011-01-18 |
Genre | : Law |
ISBN | : 1443828025 |
Download Think Consumer Book in PDF, ePub and Kindle
The availability of a wide range of branded products makes the selection of the right type of goods a difficult process. This is particularly true in the case of goods whose characteristics consumers do not have complete information about, which they can only learn about after purchasing (experiencing goods). A trade mark quality guarantee facilitates consumers’ choice by sending quality signals. It also enables a trader of branded goods to differentiate the quality of his goods from those of his competitors. Accordingly, trade mark protection is said to enhance economic efficiency, and thus the production of quality goods, and reduce consumer search costs. In order for this to work, however, among other conditions, the trader must maintain consistent quality over time and across consumers. Otherwise, trade mark protection will enhance artificial product differentiation, and thus distort competition. To date, despite its profound significance, the quality guarantee is seen as performing an economic function that trade mark law is ill equipped to deal with. As a result, this function is not enforced under trade mark law. Contrary to mainstream thinking, this book argues that the quality function of a trade mark should be recognised and enforced through trade mark law. What is at stake is far from insignificant: it is about bridging the ever increasing gap between the legal rationales for trade mark protection and the economic consequences of this protection in practice. The book is also about how consumers should shape their relationship with trade marks and what role law should play in constructing that relationship. By giving independent legal substance to the quality function, trade mark law encourages a trader to improve the quality of his goods instead of simply improving the persuasive or advertising value of the mark, which, in turn, enhances artificial product differentiation, increases rather than decreases consumer search costs, and distorts competition.
Author | : Rasmus Dalgaard Laustsen |
Publisher | : Springer Nature |
Total Pages | : 435 |
Release | : 2019-11-06 |
Genre | : Law |
ISBN | : 3030263509 |
Download The Average Consumer in Confusion-based Disputes in European Trademark Law and Similar Fictions Book in PDF, ePub and Kindle
This book contends that, with regard to the likelihood of confusion standard, European trademark law applies the average consumer incoherently and inconsistently. To test this proposal, it presents an analysis of the horizontal and vertical level of harmonization of the average consumer. The horizontal part focuses on similar fictions in areas of law adjacent to European trademark law (and in economics), and the average consumer in unfair competition law. The vertical part focuses on European trademark law, represented mainly by EU trademark law, and the trademark laws of the UK, Sweden, Denmark and Norway. The book provides readers with a better understanding of key aspects of European trademark law (the average consumer applied as part of the likelihood of confusion standard) and combines relevant law and practices with theoretical content and other related areas of law (and economics). Accordingly, it is an asset for policymakers and practitioners, as well as general readers with an interest in intellectual property law and theory.
Author | : Francesco Parisi |
Publisher | : Oxford University Press |
Total Pages | : 635 |
Release | : 2017-04-27 |
Genre | : Business & Economics |
ISBN | : 0191507199 |
Download The Oxford Handbook of Law and Economics Book in PDF, ePub and Kindle
Covering over one-hundred topics on issues ranging from Law and Neuroeconomics to European Union Law and Economics to Feminist Theory and Law and Economics, The Oxford Handbook of Law and Economics is the definitive work in the field of law and economics. The book gathers together scholars and experts in law and economics to create the most inclusive and current work on law and economics. Edited by Francisco Parisi, the Handbook looks at the origins of the field of law and economics, tracks its progression and increased importance to both law and economics, and looks to the future of the field and its continued development by examining a cornucopia of fields touched by work in law and economics. The uniqueness of its breadth, depth, and convenience make the volume essential to scholars, students, and contributors in the field of law and economics.
Author | : Amir Friedman |
Publisher | : Austin Macauley Publishers |
Total Pages | : 242 |
Release | : 2022-05-31 |
Genre | : Law |
ISBN | : 1528987373 |
Download Trademark Dilution Book in PDF, ePub and Kindle
The world has changed materially since the foundation of traditional trademark laws, according to which the purpose of a trademark was to serve as a differentiating source indicator, preventing source confusion in the marketplace. Traditionally, trademarks protected the public from likelihood of confusion, assisted in consumer decisions and reduced search costs. The need to award a special scope of protection to famous trademarks from use on non-competing goods was first discussed in Kodak in 1898, holding that the use of the word Kodak for a bicycle company does not mislead consumers but takes unfair advantage of reputation. However, the most significant point in the evolution of dilution, in its early stages, was the case of Odol decided in 1924, which was the first to acknowledge the need to protect the advertising power of trademarks from being diluted, even in the absence of a likelihood of confusion. This book will provide that dilution is a ‘sui generis’ brand remedy applicable to reputed trademarks in accordance to their aggregated inherent and acquired strength. The book will address the non-harmonised nature of dilution, which reflects a problem in an age of borderless trade and cyber commerce and emphasises the need to answer the question: To what extent should reputed trademarks be protected by dilution beyond the traditional trademark protection from likelihood of confusion? The book includes a proposal for an operative legal framework based on conclusions and distinctions derived from the comparison of dilution, as adopted and interpreted in different areas of the world, comparative case studies and comparison with neighbouring legal rights, such as Tort Law, Unfair Competition, Moral Rights, Equitable Rights, Publicity Rights and Unlawful Enrichment.
Author | : Adam L. Brookman |
Publisher | : Wolters Kluwer |
Total Pages | : 1005 |
Release | : 1999-01-01 |
Genre | : Law |
ISBN | : 0735506493 |
Download Trademark Law Book in PDF, ePub and Kindle
This is the first practical treatise of its kind to approach trademark law from a fully integrated legal and business perspective. It walks you through the major areas of trademark practice: selecting and adopting trademarks; perfecting, exploiting, and maintaining trademark rights, asserting and defending against trademark claims; and business issues in trademark ownership. You'll find clear, concise explanations and illustrative case examples to help you take a course of action in the full range of business scenarios. This book covers every key area, including trademark selection and adoption -- trademark registration -- trade dress; conducting due diligence -- fair use of the trademarks of others -- enforcement letters -- and more.
Author | : J. Thomas McCarthy |
Publisher | : Clark Boardman Callaghan |
Total Pages | : 1186 |
Release | : 1996 |
Genre | : Law |
ISBN | : |
Download McCarthy on Trademarks and Unfair Competition Book in PDF, ePub and Kindle
Author | : Ilanah Simon Fhima |
Publisher | : Université de Genève |
Total Pages | : 173 |
Release | : 2011-01-01 |
Genre | : Law |
ISBN | : 3725563896 |
Download Marques notoires et de haute renommée / Well-Known and Famous Trademarks Book in PDF, ePub and Kindle
Actes de la Journée de Droit de la Propriété Intellectuelle du 15 février 2011, regroupant des contributions d'Ilanah Simon Fhima, Jacques Azéma, Philippe Gilliéron, Yuanshi Bu et Anne Marie E. Verschuur.
Author | : Daniel R. Bereskin |
Publisher | : Edward Elgar Publishing |
Total Pages | : 607 |
Release | : 2023-12-11 |
Genre | : Law |
ISBN | : 1035312409 |
Download Trademark Dilution and Free Riding Book in PDF, ePub and Kindle
Written by a team of international experts, marshalled by one of the world’s foremost trademark lawyers, Trademark Dilution and Free Riding is the leading comparative work on trademark dilution. This book is a must-have resource for trademark professionals worldwide, and will also stand as a valuable reference point for intellectual property scholars.
Author | : S. ELANGO |
Publisher | : Notion Press |
Total Pages | : 71 |
Release | : 2023-10-13 |
Genre | : Law |
ISBN | : |
Download TRADEMARK REGISTRATION MASTERY Book in PDF, ePub and Kindle
This book is your trusted guide on a journey that will take you through the intricate landscape of trademark registration, offering insights, strategies, and a treasure trove of knowledge to help you safeguard your brand's identity and navigate the often complex world of intellectual property. This book is designed to empower you with the tools, knowledge, and strategies to not only register your trademark successfully but also protect it with diligence and sophistication. Whether you're an entrepreneur with a groundbreaking idea, a business owner looking to expand into new markets, or simply someone seeking to understand the world of trademarks, this book is your compass.