מעודכן ל: 17.12.2023
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פקודת סימני המסחר (נוסח חדש), תשל"ב-1972.
Statutes:
Trademarks, 15 U.S.C.S. §§ 1051-1141n (LEXIS through Pub. L. No. 117-80).
Copyrights, Designs and Patents Act 1988, c.48 (UK).
Regulations:
Patents, Trademarks and Copyrights, 37 C.F.R. §§ 1.1-501.11 (Lexis through Fed. Reg., Mar. 18, 2022).
Anne Gilson LaLonde & Jerome Gilson, Gilson on Trademarks (MB), Lexis (database updated Dec. 2021).
Ethan Horwitz, Horwitz on World Trademark Law (MB), Lexis (database updated Oct. 2021).
J. Thomas McCarthy, McCarthy on Trademarks & Unfair Competition, Westlaw MCCARTHY (database updated Mar. 2022).
50 State Statutory survey: Intellectual Property: Trademarks and Trade Secrets Registration of Trademarks, Westlaw (database updated Dec. 2021).
Kerly's Law of Trade Marks and Trade Names by
Kerly's Law of Trade Marks and Trade Names is considered the leading text on trade marks and trade names, having provided expert guidance on all aspects of UK trade mark law since 1894.
The latest edition certainly continues the tradition, offering the reader a holistic and thoroughly-detailed analysis of trade mark law, including major updates in line with EU reforms and the latest case law developments.
In particular, the 16th edition includes three new chapters. The first new chapter covers the average consumer – identifying the relevant characteristics and factors that influence the level of attention, and discussion of where it is (and is not) deployed. The second is “a best-guess about Brexit chapter” which considers the impact of Brexit on registered trade marks which have force in the UK and the effect on owners of EU registered trade marks used primarily in the UK. The third new chapter addresses the meaning of the expression “trade mark,” outlining its essential functions and characteristics. The new edition also explains the changes introduced by the European Trade Mark Reform, analyses the key legislation affecting community trade marks and the owners of national trade marks in the EU.
Naturally, the text also provides a comprehensive and authoritative guide on the core topics of trade mark law such as classification, registration (UK and European), enforcement, infringement, litigation, the absolute and relative grounds for the refusal, defences, as well as assignment, licensing, merchandising, and franchising. It also offers detailed analysis of community trade marks, their provisions, extent of protection, and procedural matters.
One of the books most advantageous features is skilful and thoughtful organisation of the myriad of case law, thereby providing the reader with a coherent and efficient account of the law. It is both exhaustive in its dealing with existing case law, and holistic in that it considers additional relevant aspects such as human rights, passing off, competition, exhaustion, civil and criminal proceedings, customs powers and procedures, character and celebrity merchandising, to name a few. In doing so, the book inherently provides a wealth of research materials and detailed analysis useful for researchers in the field.
פינחס נרקיס דיני קניין רוחני: דיני סימני מסחר (2020).
Trademark and Unfair Competition in a Nutshell by
This text provides a comprehensive treatment of the law of trademark, unfair competition, false advertising, and the right of publicity.
Understanding Trademark Law by
This Understanding treatise is a comprehensive and up-to-date guide to the law of trademarks and unfair competition. It provides a thorough introduction to the federal laws protecting registered trademarks and trade dress, as well as the broad array of federal and state unfair competition doctrines which protect unregistered trademarks and trade dress. Coverage includes the standards and procedures for obtaining federal registration, the rights and remedies available to owners of both registered and common law marks under federal and state law, and the full array of applicable defenses.
Research Handbook on Trademark Law Reform by
This follow-up to Graeme B. Dinwoodie and Mark D. Janis's successful book Trademark Law and Theoryexamines 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.
The Confusion Test in European Trade Mark Law by
Historically, likelihood of confusion has been the core infringement test for trade mark law, and it remains the most frequently applied test in infringement actions by far. However, there are noticeable differences in how it is applied by the Court of Justice of the European Union (CJEU), theGeneral Court, and national courts; and questionable outcomes when it is applied in novel situations.This book is the first comprehensive and systematic account of the confusion test within the harmonised European trade mark system. It considers how the test is applied by national trade mark registries across EU member states, by the Office of Harmonisation for the Internal Market (OHIM), bynational courts, and by the CJEU. It offers practical guidance, while also evaluating the viability of more recent developments such as initial-interest confusion, post-sale confusion and consumer responses to uses of trade marks on the internet.The book analyses three distinct strata of legal doctrine: the decisions of the CJEU, including the General Court; the extensive body of decisions by OHIM; and the application of harmonised trade mark law by courts of member states, focusing on leading decisions as well as wayward ones. It alsodraws upon the legal position in the US to illuminate these issues.
Harmful Trademarks Towards a New Understanding of Moral Bars in GCC Registration by
Between 2013-2017, around 115 EU trademark applications were rejected on morality and public order grounds. In the GCC (six Arab and Islamic countries), anecdotal evidence suggests some refusals have bemused foreign applicants and highlighted cultural blindspots. In this context, this work examines how three Arab Gulf states that have Islamic law as the main source of legislation and large expatriate communities, apply moral bars to trademark registration. It draws comparison with Western jurisdictions. Three main questions are explored: 1) To what extent do immoral or borderline trademarks/goods proceed to registration in conservative Islamic countries that apply trademark law in conformity with Shari'a law? 2) What reasoning is guiding decisions? 3) Can a concept of 'harm' improve our understanding of the power of trademarks and thus the moral thresholds that countries set? The author is an innovation and IP commercialisation professional. She acquired a passion for trademark law while completing a Master of Laws in 'Intellectual Property and Competition Law' in Munich, Germany. She is now pursuing a career in trademark law in the UK.
Trade Mark Law in Europe: Case Law of the Court of Justice of the European Union by
Trade mark law practitioners agree that Ulrich Hildebrandt's Harmonized Trade Mark Law in Europe hugely enhances their work. This third edition, retitled Trade Mark Law in Europe, follows the same well known intensely practical, time-saving format, with each provision of current law (Directive 2015/2436) reproduced in its original English wording and annotated with relevant passages from all relevant decisions of the European Court of Justice, as well as relevant provisions of the Community Trade Mark Regulation and the national trade mark acts of all Member States implementing the Directive. The author's expert commentary on each provision expressly marks major changes to previous versions of the Directive, highlights when case law concerning a previous version remains relevant, and translates passages that lack an official English text. Among the fundamental questions addressed are the following: * When is it possible to register a geographical indication as a trademark? * Are colours and sounds capable of registration? * When may the reputation of a mark be invoked to protect it? * How mundane could a sign be and still claim to be distinctive? * When can it be said that there has been no genuine use of a trade mark? * Where does the Court's function theory influence the trademark law? Given a topic or keyword, appendices assist in the quick finding of any provision of the Directive and relevant case law. There is no other resource presenting the original wording of ECJ case law, broken down by specific point of law and directly related on an article-by-article basis to EU and Member State trade mark legislation. As a highly organized presentation of key information, this is an ideal initial tool that makes any research into European trade mark law fast and easy, whether for academic purposes or actual legal practice. Lawyers, in-house counsel, judges, and academics will all welcome this new edition.
The Protection of Non-Traditional Trade Marks by
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 hasled 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 inthis 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 theAgreement 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.
The Cambridge Handbook of International and Comparative Trademark Law by
Trade in goods and services has historically resisted territorial confinement, but trademark protection remains territorial, albeit within an increasingly important framework of multilateral treaties. Trademark law therefore demands that practitioners, policy-makers and academics understand principles of international and comparative law. This handbook assists in that endeavour, with chapters describing and critically analyzing international and regional frameworks, and providing comparative perspectives on the substantive issues in trademark law and related fields, such as geographic indications, advertising law, and domain names. Chapters contrast common law and civil law approaches while focusing on the US and EU trademark systems in light of the role these systems have played in the development of trademark laws. Additionally, this handbook covers other jurisdictions, both common law and civil law, on the Asia-Pacific, African, and South American continents. This work should be read by anyone seeking a better understanding of trademark law around the world.
74 Am. Jur. 2d Trademarks and Tradenames §§ 1-158, Westlaw (database updated Feb. 2022).
מעודכן ל: 17.12.2023
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