Charting Limitations on Trademark Rights
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Product details:
- Publisher OUP Oxford
- Date of Publication 12 May 2023
- ISBN 9780198871248
- Binding Hardback
- No. of pages336 pages
- Size 240x165x21 mm
- Weight 618 g
- Language English 573
Categories
Short description:
The volume presents new theoretical perspectives to justify trademark rights limitations, re-examines the nature of these limitations, delineates the scope of the limitations, and offers comparative studies of the limitations.
MoreLong description:
Trademark scholarship has focused largely on the protection of trademark rights against consumer confusion and the dilution of trademarks. Studies of limitations on trademark rights, meanwhile, have remained relatively peripheral, especially in jurisdictions outside of the United States. However, this reality is incongruous with the importance of the limitations, such as descriptive and nominative uses, in promoting freedom of commerce, market competition, free speech, and cultural dynamics.
Against this backdrop, Charting Limitations on Trademark Rights is the first comprehensive academic volume detailing limitations in trademark rights from both theoretical and comparative perspectives. The book presents new theoretical perspectives to justify trademark rights limitations, re-examines the nature of these limitations, delineates the scope of the limitations, and offers comparative studies of the limitations.
With contributions from leading trademark scholars in the EU, US, and Asia, this is a must read for scholars, students, practitioners, and policymakers with an interest in the theories, policies, and doctrines of trademark law.
Table of Contents:
Introduction: Charting Limitations
Part I: Justifications for Limitations
Externalizing Trademark's Limits
The Role of Creativity in Granting and Limiting Trademark Rights
Logo Hacking, Downmarket Irony, Counterfeit Chic: A Study of Contemporary Fashion Trends and Their Implications for Trademark Law
Part II: Nature of Limitations
Gripe Sites & Trademark User Rights: Lessons from Canada's Cooperstock Case
Fame, Parody, and Policing in Trademark Law
Safeguarding Freedom of Artistic Expression in the EU: Towards a Legal Presumption of Fair Use
Part III: Scope of Limitations
Limitations on Pharmaceutical Trade Marks in Britain in the Twentieth Century
The Exceptional Nature of the Right to Control Use in Advertising
: Reimagining Trade Mark Exhaustion: Does Australia's New Defence Offer a Way Forward?
Part IV: Comparative Studies of Limitations
Creative Destruction of the Civil Law Tradition: Lessons from Chinese Trademark Law
Limitations of Trademark Rights in Major Asian Jurisdictions
The Constitutional Basis for Trademark Parodies in India and South Africa
Trademark Parody under Japanese Trademark Law: Finding the Line of Japanese Humor
Charting Limitations on Trademark Rights
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