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Vol 23 No 5 May/June 2018

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Trademark Dilution

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Tony MartinoBarrister-at-Law

ISBN13: 9780198260714
ISBN: 0198260717
Published: September 1996
Publisher: Oxford University Press
Format: Hardback
Price: Out of print

What remedy does a car manufacturer have to prevent the use of its trade mark for cosmetics, confectionery, office furniture, or any one of a number of dissimilar uses? Except in cases of public deception, the answer was none until the doctrine of trade mark dilution was first introduced into English law and into much of Europe with the advent of the Trade Marks Act 1994 and the EC Trade Marks Directive. This doctrine, `misunderstood, misconstrued, and misapplied' since it was introduced into American law nearly 70 years ago, exists to prevent one trader taking unfair advantage of the name or mark, usually well established, of one business and using it for the exploitation of goods in areas in which the well-known trader is not presently active. This controversial and complex area of law is now of very considerable interest to lawyers, trade mark and patent agents and their business clients throughout the European Union where specific anti-dilution provisions have been widely introduced.;This book is intended for specialist intellectual property solicitors and barristers. Trade mark attorneys. Patent attorneys and agents.

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