Full Description
This follow-up to Graeme B. Dinwoodie and Mark D. Janis's successful book Trademark Law and Theory examines reform of trademark law from a number of perspectives and across many jurisdictions. In so doing, it analyses the most important current and future issues in the field, both providing normative frameworks for the development of trademark law and concrete proposals for reform.
This Research Handbook is organized into three thematic parts discussing different areas of reform: the trademark registration process; subject matter boundaries and trademark protectability; and trademark scope and enforcement. Leading trademark law scholars from across the globe investigate important topics such as intermediary liability, trademark protection for product design, conceptions of the hypothetical ''average consumer'', and trademark depletion and congestion.
Scholars and students of intellectual property law will find the provocative and insightful thinking in this Research Handbook stimulating and valuable. The practical suggestions for future reform will also be of interest to trademark lawyers, policymakers, brand managers and other marketing professionals.
Contents
Contents:
1 The drivers of trademark law reform: perspectives from the Academy 1
Graeme B. Dinwoodie and Mark D. Janis
PART I REFORMING THE REGISTRATION PROCESS
2 The problems of trademark depletion and congestion: some
possible reforms 17
Barton Beebe and Jeanne C. Fromer
3 (Re)claiming trade mark protection 51
Robert Burrell and Michael Handler
4 Reforming trademark registration 77
Rebecca Tushnet
PART II REFORMING SUBJECT MATTER BOUNDARIES
AND PROTECTABILITY
5 Towards a new copyright/trademark interface—why (and
how) signs with cultural significance should be kept outside
trademark law 100
Martin Senftleben
6 The case against product configuration trade dress 137
Caitlin Canahai and Mark P. McKenna
7 Aesthetic functionality in EU law—should it be deleted? 168
Annette Kur
8 Trade marks and innovation? 192
Dev Gangjee
9 Democratizing access to survey evidence of distinctiveness 225
Jake Linford
10 What is the meaning of a trademark? 250
Laura A. Heymann
PART III REFORMING THE RULES OF SCOPE AND ENFORCEMENT
11 Likelihood of confusion and trademark infringement:
a constructively critical analysis 278
Robert G. Bone
12 Exiling the unwary consumer from unregistered trade mark
law in the UK: the case for change 306
Jennifer Davis
13 The consumer's duty of care in trademark law 326
Michael Grynberg
14 Finding dilution 351
Jeremy N. Sheff
15 Reforming trademark law's approach to intermediary liability 370
Stacey Dogan
16 The liability of intermediaries for trade mark infringement 396
Ansgar Ohly
Index
