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Vol 21 No 11 Nov/Dec 2016

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Trademark Protection and Territoriality Challenges in a Global Economy

Edited by: Irene Calboli, Edward Lee

ISBN13: 9781781953907
Published: January 2014
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £90.00



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As the modern business world becomes increasingly decentralized and globally focused, traditional interpretations and applications of trademark protection law are facing greater and greater challenges.

This is particularly true regarding the principle of trademark territoriality, which holds that trademark rights are bound by the laws of individual nations. This timely volume offers expert analyses of the challenges facing crucial aspects of trademark law from some of the most prominent scholars in the field.

The contributors explore how the rise of international trade and globalization has changed the way trademark law functions in a number of important areas, including protection of well-known marks, parallel imports, enforcement of trademark rights against counterfeiting, remedies, protection of certification marks, and domain names.

A detailed discussion of the history of trademarks and territoriality along with a comprehensive breakdown of current issues make this a complete and well-rounded resource for the study of trademark law in a contemporary context. Students, professors and practitioners working in international law, trade law and intellectual property law will find this book to be a valuable resource.

Subjects:
Intellectual Property Law
Contents:
Foreword Graeme Dinwoodie

PART I: INTRODUCTION
1. The Inevitability of 'Territoriality Challenges' in Trademark Law Graeme W. Austin

PART II: TERRITORIAL NORMS AND (GLOBAL) WELL-KNOWN MARKS
2. Protection of Well-Known Marks: A Transnational Perspective Marshall A. Leaffer
3. Interactivity, Territoriality, and Well-Known Marks Leah Chan Grinvald
4. The Pan-American Trademark Convention of 1929: A Bold Vision of Extraterritorial Meets Current Realities Christine Haight Farley

PART II: PROTECTING QUALITY AND IDENTITY IN THE GLOBAL ECONOMY
5. Marks and More(s): Certification in Global Value Chains Margaret Chon
6. Branding the Land: Creating Global Meanings for Local Characteristics Doris Estelle Long
7. Signs Beyond Borders: Moving from Commodity to Differentiated Exports in the Coffee Industry Daphne Zografos Johnsson

PART III: TERRITORIALITY, EXHAUSTION OF RIGHTS, AND GRAY MARKET PRODUCTS
8. The (Avoidable) Effects of Territorially Different Approaches to Trademark and Copyright Exhaustion Irene Calboli
9. Avoiding Mutant Trademarks: A Statutory Exclusion for Copyrighted Accessories to Parallel Imports Mary LaFrance
10. 'La Confusion des Genres': Logos and Packaging as Copyrighted Works Pierre-Emmanuel Moyse

PART IV: (NATIONAL) TRADEMARK ENFORCEMENT CHALLENGES
11. Territoriality (Mis)Understood: Enforcing Well-Known Foreign Marks in the United States Lee Ann W. Lockridge
12. The Curious Case of Fake Beijing Olympics Merchandise Peter K. Yu
13. Trademark Enforcement in Developing Countries: Counterfeiting as an Externality Imposed by Multinational Companies Daniel C.K. Chow

PART V: TRADEMARK TERRITORIALITY AND THE REGULATION OF CYBERSPACE
14. Trademarks, Free Speech, and ICANN's New GTLD Process Jacqueline Lipton and Mary Wong

Index