The Historical Foundations of the Law Relating to Trademarks PDF Download

Author: Frank Isaac Schechter
Publisher:
ISBN:
Category : Trademarks
Languages : en
Pages : 260

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Author: Frank Isaac Schechter
Publisher: The Lawbook Exchange, Ltd.
ISBN: 158477035X
Category : Trademarks
Languages : en
Pages : 246

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Book Description
What is the exact nature of the right to a trademark? What is the basis of relief in trademark cases of unfair competition? Schechter unravels these problems as he traces the development of the law of trademarks from medieval times to the early twentieth century. ". . . invaluable for starting scholarly research." --Julius J. Marke, A Catalogue of the Law Collection of New York University (1953) 869 "Mr. Schechter has turned up much interesting and hitherto unpublished material concerning the use of guild and artisans' marks in the Middle Ages in England. His chapter (V) on "The Development of Trade Mark Law in the Cutlery Trades," is particularly valuable and contains matter not before in print. It makes understandable the reference to registers of the cutlers' companies in the English Trade Marks Act of 1875." --Edward S. Rogers, Michigan Law Review 24 (1925-1926) 98 Frank Isaac Schechter [1890-1937] received the first doctor of jurisprudence degree given by Columbia University. He was a practicing attorney and authority on trademark law. His father was Solomon Schechter, a Biblical scholar who was the president of the Jewish Theological Seminary and the founder of the United Synagogue of America.

Author: Tim W. Dornis
Publisher: Cambridge University Press
ISBN: 1316875962
Category : Law
Languages : en
Pages :

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With the rise of internet marketing and e-commerce around the world, international and cross-border conflicts in trademark and unfair competition law have become increasingly important. In this groundbreaking work, Tim Dornis - who, in addition to his scholarly pursuits, has worked as an attorney, a public prosecutor, and a judge, giving him experience in both civil and common-law jurisdictions - presents the historical-comparative, doctrinal, and economic aspects of trademark and unfair competition conflicts law. The book should be read by any scholar or practitioner interested in the international aspects of intellectual property generally, and trademark and unfair competition law specifically. This title is available as Open Access.

Author: Mohammad Amin Naser
Publisher: Cambridge Scholars Publishing
ISBN: 1443818291
Category : Law
Languages : en
Pages : 230

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This book challenges the philosophical foundations of current trademark systems in the USA and the UK. It argues that the process of trademark creation should be transformed to the more practical and realistic proposition of “co-authorship” of trademarks by both the public and trademark owners. The book develops the “Economic-Social Planning justification”, which departs from the economic argument that trademarks reduce consumer search costs, and then proposes that trademarks should be formulated in a manner which helps foster a just and attractive culture. Trademarks are thus seen as source and origin identifiers, rather than quality identifiers. The book focuses on the often ignored role of the public and their rights in trademarks and calls for the adoption of the confusion rationale for trademark protection, not the dilution individualistic rationale. The two jurisdictions of this book prove adverse effects over the rights of the public in terms of using trademarks in cultural and expressive contexts, thereby threatening the principles of freedom of expression as a human fundamental right.

Author: Jose Bellido
Publisher: Bloomsbury Publishing
ISBN: 1509904670
Category : Law
Languages : en
Pages : 401

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Book Description
This volume explores the nature of intellectual property law by looking at particular disputes. All the cases gathered here aim to show the versatile and unstable character of a discipline still searching for landmarks. Each contribution offers an opportunity to raise questions about the narratives that have shaped the discipline throughout its short but profound history. The volume begins by revisiting patent litigation to consider the impact of the Statute of Monopolies (1624). It continues looking at different controversies to describe how the existence of an author's right in literary property was a plausible basis for legal argument, even though no statute expressly mentioned authors' rights before the Statute of Anne (1710). The collection also explores different moments of historical significance for intellectual property law: the first trade mark injunctions; the difficulties the law faced when protecting maps; and the origins of originality in copyright law. Similarly, it considers the different ways of interpreting patent claims in the late nineteenth and twentieth century; the impact of seminal cases on passing off and the law of confidentiality; and more generally, the construction of intellectual property law and its branches in their interaction with new technologies and marketing developments. It is essential reading for anyone interested in the development of intellectual property law.

Author: Steven Wilf
Publisher: Routledge
ISBN: 1351562665
Category : History
Languages : en
Pages : 518

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Book Description
Intellectual property has become a dominant feature of our knowledge based economy in recent years, but how has property rights in intangible items developed? This book brings together for the first time exemplary scholarship with diverse approaches to the history of United States intellectual property protection, including trade secrets, trademark, copyright, and patent law. These articles, written by leading experts in the field and often challenging conventional narratives, underscore the importance of historical perspectives for understanding how an extensive, evolving framework for the regulation of knowledge emerged in the modern period. By tracing intellectual property from an historical perspective - not merely providing justifications in philosophy or economics in the abstract - this book draws upon the past to address contemporary debates over such varied topics as: access to knowledge; policing copyright infringement; whether employees should own the products of their minds; the role of national borders in an age of digital information; and the very future of intellectual property as stakeholders and consumers contest the extent of its legal protection.

Author: Vadim Mantrov
Publisher: Springer
ISBN: 3319056905
Category : Law
Languages : en
Pages : 367

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The present book examines both theoretical and practical aspects of the law on indications of geographical origin (IGOs) within the framework of European Union (EU) law, pursuing four distinct yet mutually related aims. First, it discusses theoretical issues of the law on IGOs including its historical foundations, terminology, principles of regulation, legal subjectivity, protection models and loss of protection. Second, it covers the EU law on IGOs from a systematic point of view. Particularly, the systematic review of the EU law on IGOs includes an in-depth analysis of and commentary on the relevant and applicable regulations. Third, it examines current legislative initiatives and further development options for the EU law on IGOs. Finally, it reveals the interrelation of the EU law on one hand and the national laws of EU Member States on the other with regard to IGOs, focusing on harmonized and non-harmonized areas of law.

Author: R. S. Mushet
Publisher:
ISBN:
Category : Trademarks
Languages : en
Pages : 264

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Author: Lionel Bently
Publisher: Cambridge University Press
ISBN: 9780521187923
Category : Law
Languages : en
Pages : 0

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Book Description
Developments in trade marks law have called into question a variety of basic features, as well as bolder extensions, of legal protection. Other disciplines can help us think about fundamental issues such as: what is a trade mark? What does it do? What should be the scope of its protection? This volume assembles essays examining trade marks and brands from a multiplicity of fields: from business history, marketing, linguistics, legal history, philosophy, sociology and geography. Each chapter pairs lawyers' and non-lawyers' perspectives, so that each commentator addresses and critiques his or her counterpart's analysis. The perspectives of non-legal fields are intended to enrich legal academics' and practitioners' reflections about trade marks, and to expose lawyers, judges and policy-makers to ideas, concepts and methods that could prove to be of particular importance in the development of positive law.

Author: Teresa da Silva Lopes
Publisher: Routledge
ISBN: 1135177333
Category : Business & Economics
Languages : en
Pages : 271

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Book Description
This book examines trademarks and brands, and their historical role in national competitive and comparative advantage and in overall economic growth. The contributors provide an historical account of the contribution of brands in consumer goods to economic growth; examine the development of trademark law, its influence on brand strategy, and reciprocally the influence of strategy on the law; and look at the building and repositioning of individual brands as example of the interplay of law and strategy. Brands and trademarks are usually discussed from the perspective of marketing. This book draws together scholars and practitioners not only from marketing, but also from business history, law, economics, and economic history to provide a richer understanding of trade marks and competitiveness than has hitherto been available.