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Vol 24 No 2 Feb/March 2019

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Trade Marks Retrospective

ISBN13: 9780421725706
ISBN: 0421725702
Published: May 2000
Publisher: Sweet & Maxwell Ltd
Format: Paperback
Price: Out of print

In this collection of papers, the authors aim to reveal the policy shifts in the field of trade marks which have taken place during the twentieth century. Topics dealt with include developments in judicial thinking, the perception of brand owners, the UK's obligation under the Paris Convention for the Protection of Industrial Property, the registration of foreign-language words as trade marks, the difficulties inherent in registering and protecting three-dimensional shapes as trade marks, and the functions and dysfunctions of trade marks.

The brand owner's view. Leading cases in passing off. The development of passing off in the 20th century. The foreign trade mark owner's experience: an absence of goodwill? Foreign-language words as trade marks. Developments in registrability. Three-dimensional trade marks: should the Directive be reshaped? Schlecter's 'the rational basis of trade mark protection' revisited. Collectivity, control and joint adventure - observations of marks in multiple use. Commercialising the personality of the late Diana Princess of Wales - censorship by the back door? Aspects of trade mark use and misuse.