Full Description
This volume offers a detailed analysis of the issues related to the protection of non-traditional marks.
In recent years, the domain of trademark law and the scope of trademark protection has grown exponentially. Today, a wide variety of non-traditional marks, including colour, sound, smell, and shape marks, can be registered in many jurisdictions. However, this expansion of trademark protection has led to heated discussions and controversies about the impact of the protection of non-traditional marks on freedom of competition and, more generally, on socially valuable use of these or similar signs in unrelated non-commercial contexts. These tensions have also led to increasing litigation in this area across several jurisdictions.
This book provides an overview of the debate and state of the law surrounding non-traditional marks at the international, regional, and national level. In particular, this book addresses relevant international treaties administered by the World Intellectual Property Organization (WIPO) and the Agreement on Trade-Related Aspects to Intellectual Property Rights (TRIPS) as well as several regional and national legislations and leading judicial decisions in order to examine current law and practice culminating in critical reflections and suggestions on the topic.
This is an open access title available under the terms of a CC BY-NC-ND 3.0 licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations.
Contents
Part I: Assessing the Legal Framework and Unresolved Challenges
1: Denis Croze: Making a Large Universe Visually Perceptible: The Development of Non-Traditional Marks in WIPO Treaties
2: Mitchell Adams and Amanda Scordamaglia: Non-Traditional Marks: An Empirical Study
3: Dev Gangjee: Paying the Price for Admission: Non-Traditional Marks Across Registration and Enforcement
4: Annette Kur: Yellow Dictionaries, Red Banking Services, Some Candies and a Sitting Bunny: Protection of Colour and Shape Marks from a German and European Perspective
5: Justin Hughes: Non-Traditional Marks and the Dilemma of Aesthetic Functionality
6: Deven Desai: Should Trademark Laws Protect Non-Traditional Trademarks?A Look at How Marketing Practices Try to Capture Essences
7: Ng-Loy Wee Loon: Absolute Bans on the Registration of Product Shape Marks - A Breach of International Law?
8: Michael Handler: What Should Constitute Infringement of a Non-Traditional Mark? The Role of
