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Vol 23 No 6 June/July 2018

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Cover of Drafting Commercial Agreements

Drafting Commercial Agreements

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Desmith out now
Data protection handbook

Linguistic Battles in Trademark Disputes

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ISBN13: 9780333997581
ISBN: 0333997581
Published: October 2002
Publisher: Palgrave Macmillan
Country of Publication: UK
Format: Hardback
Price: £107.00

This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

Battles over knowledge, authority and power are often fought when two different fields address the same issues. This book takes a step towards showing how quite different fields, law and linguistics, can work together effectively in trademark cases.

After presenting the basics of each field, readers are shown how linguistics was used in ten trademark lawsuits, five of which had opposing linguists on each side. Finally, suggestions are given to both linguists and lawyers.

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Intellectual Property Law
The battle over linguists and law
a very brief introduction to linguistics for lawyers
generic versus secondary meaning - Registry Hotel versus Hospitality Mgt
teaching a jury about meaning - Warren versus Prestone
sounding alike and meaning alike - ConAgra versus Hormell
descriptiveness - nouns and modifiers - Woodroast versus Restaurants Unlimited
the meaning of a patronymic prefix - Quality Inns versus McDonalds
sounding, looking and meaning different - AMR Pharm versus American Home Products
differences in the ingredients, qualities and characteristics of the products - Pyewacket versus Mattel
going beyond competing, company and product names - AutoNation USA versus CarMax
using foreign language words in trademarks - Alixandre Furs versus Alexandros Furs
disclaiming dealership authorization - Matrix Essentials versus F & M Distributors
using linguistics tools and thinking in trademark disputes
some suggestions for linguists
some suggestions for attorneys
power, control and the ownership of language
cases discussed.