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Vol 21 No 10 Oct/Nov 2016

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Trade Mark Law And Sharing Names: Exploring Use of the Same Mark by Multiple Undertakings


ISBN13: 9781847202796
Published: March 2009
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £79.00



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According to the European Court of Justice a trade mark must unequivocally point to the goods of one undertaking without any possibility of confusion, in order to fulfill its essential function. However, as this book demonstrates, there are a number of points throughout the trade mark system where multiple undertakings share the same name, either unwillingly, or by consent of the parties involved. The book attempts to identify the points at which names are shared, to examine the practical and theoretical implications of this sharing for the parties involved and to analyse what we can learn from the sharing process about the nature of, and interests protected by, the trade mark system.

Subjects:
Intellectual Property Law
Contents:
PART I: OVERVIEW1. IntroductionIlanah Simon Fhima2. An Economic Perspective on Shared Name Issues in Trade Mark LawAndrew GriffithsPART II: REGISTRABILITY ISSUES3. The Rise and Fall of Honest Concurrent Use Phillip Johnson 4. Coexistence in Community Trade Mark Disputes: When is it Recognised and What are its Implications?Arnaud Folliard-Monguiral5. The Approach of the UK-IPO to Co-ownership of Registered Trade Marks: Nanny Leaves the Registry, but not Completely Edward Smith6. The Business End of Collective and Certification MarksDev GangjeePART III: SHARED NAME LITIGATION7. Same Name, Different Goods - Death of the Principle of SpecialtyIlanah Simon Fhima8. Is There an Own-Name Defence in the Common Law Tort of Passing-off? The Implications of Asprey, Reed and Newman v AdlemChristopher Wadlow9. The Own Name Defence in Relation to Registered Trade Mark LawAshley RoughtonPART IV: SHARED NAME TRANSACTIONS10. Co-branding Spyros Maniatis and Stefan Schwarzkopf11. Splitting Trade Marks and the Competition LawsThomas Hays12. Aspects of Sublicensing Neil Wilkof