| Description |
1 online resource |
| Series |
Schriften zum Medien-, Urheber- und Wirtschaftsrecht ; 20 |
| Contents |
Introduction -- Trademarks & business: the protection of brand assets -- U.S. trademark protection: common law roots & commerce -- EU trademark protection: tension between competing interests -- Trademarks & competition: competition's role in resolving the tension between proprietary rights & market competition -- Application of U.S. antitrust laws to intellectual property rights : deference to proprietary rights -- Application of EU principles to intellectual property rights : deference to competition & the internal market -- Commercial boundaries : significance & strategies -- Trademark's legal boundaries : conflict between private rights & public interests -- Solutions : striking a balance |
| Summary |
Trademarks play a fundamental role in our everyday lives as consumers, helping us to quickly choose the products we like and avoid those that we don't. Trademarks are also essential elements in a competitive market, allowing companies to build brand loyalty without fear of free-riding by competitors. Trademark laws thus diminish customer confusion, make "communication" between seller and buyer simple, and prevent unfairness. However, expanding legal protection, coupled with commercial "bullying", have served to restrict, rather than promote, competition. The paradox lies in how we have dealt with the conflict: in our quest to promote competition, we have failed to adequately balance private interests (e.g., protection of business goodwill) with public interests (ensuring a robust, competitive market without restraints on trade). This book examines trademarks' conflicting legal and commercial boundaries. It concludes by suggesting principles and guidelines to help resolve the imbalance |
| Notes |
Dr. iur. Philipps-Universität Marburg 2014 |
| Bibliography |
Includes bibliographical references |
| Notes |
Print version record |
| Subject |
Trademarks -- Law and legislation -- United States
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Trademarks -- Law and legislation -- European Union countries
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LAW -- Administrative Law & Regulatory Practice.
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Trademarks -- Law and legislation
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European Union countries
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United States
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| Genre/Form |
dissertations.
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Academic theses
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Academic theses.
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Thèses et écrits académiques.
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| Form |
Electronic book
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| ISBN |
9783653049121 |
|
3653049121 |
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