Charting Limits on Trademark Rights

Author: Haochen Sun; Barton Beebe
Publisher: Oxford University Press
ISBN: 9780198871248
Published In: May 2023
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Trademark scholarship has focused largely on the protection of trademark rights against consumer confusion and the dilution of trademarks. Studies of limitations on trademark rights, meanwhile, have remained relatively peripheral, especially in jurisdictions outside of the United States. However, this reality is incongruous with the importance of the limitations, such as descriptive and nominative uses, in promoting freedom of commerce, market competition, free speech, and cultural dynamics.

Against this backdrop, Charting Limitations on Trademark Rights is the first comprehensive academic volume detailing limitations in trademark rights from both theoretical and comparative perspectives. The book presents new theoretical perspectives to justify trademark rights limitations, re-examines the nature of these limitations, delineates the scope of the limitations, and offers comparative studies of the limitations.

With contributions from leading trademark scholars in the EU, US, and Asia, this is a must read for scholars, students, practitioners, and policymakers with an interest in the theories, policies, and doctrines of trademark law.

Introduction: Charting Limitations, Haochen Sun

Part I: Justifications for Limitations

1:Externalizing Trademark's Limits, Mark McKenna

2:The Role of Creativity in Granting and Limiting Trademark Rights, Jeanne Fromer

3:Logo Hacking, Downmarket Irony, Counterfeit Chic: A Study of Contemporary Fashion Trends and Their Implications for Trademark Law, David Tan

Part II: Nature of Limitations

4:Gripe Sites & Trademark User Rights: Lessons from Canada's Cooperstock Case, Carys Craig

5:Fame, Parody, and Policing in Trademark Law, Mark Lemley

6:Safeguarding Freedom of Artistic Expression in the EU: Towards a Legal Presumption of Fair Use, Martin Senftleben

Part III: Scope of Limitations

7:Limitations on Pharmaceutical Trade Marks in Britain in the Twentieth Century, Lionel Bently

8:The Exceptional Nature of the Right to Control Use in Advertising, Robert G. Burrell

9:: Reimagining Trade Mark Exhaustion: Does Australia's New Defence Offer a Way Forward?, Michael Handler

Part IV: Comparative Studies of Limitations

10:Creative Destruction of the Civil Law Tradition: Lessons from Chinese Trademark Law, Haochen Sun

11:Limitations of Trademark Rights in Major Asian Jurisdictions, Kung-Chung Liu

12:The Constitutional Basis for Trademark Parodies in India and South Africa, Arpan Banerjee

13:Trademark Parody under Japanese Trademark Law: Finding the Line of Japanese Humor, Christoph Rademacher & Roberto Carapeto

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