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Research Handbook on the History of Trademark Law

Research Handbook on the History of Trademark Law

Author: Lionel Bently; Robert G. Bone
Publisher: Edward Elgar Publishing
ISBN: 9781788973090
Published In: October 2024
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

Presenting a variety of historiographical approaches, this Research Handbook explores the historical development of trademarks and the associated commercial practices of branding. It has an international scope, covering trademark history in Australia, Israel, pre-modern Europe, Sweden, the UK and the US.

Bringing together a carefully selected group of experts, this Research Handbook assesses a broad range of topics including registration systems, branding, distinctiveness, use and ownership, the role of colour, secondary liability and marks as property. It explores the nature and function of trademarks as well as the development of legislation and administrative frameworks regulating marks in the 19th and 20th centuries. In addition, it features important case studies on Guinness, Jaeger, Jaffa, and Swedish Match, and offers new insights into the history of the UK Trade Mark Registration Act and the US Lanham Act.

Enriching understandings of the history of trademark law, this Research Handbook is an indispensable read for intellectual property scholars, legal historians and law students. Legal practitioners working in the intellectual property field will also find it to be a useful resource.

Introduction to trade mark history 1

Lionel Bently and Robert G. Bone

PART I. IDEAS, BELIEFS, AND CONCEPTS

A distinctive absence: registrable trade marks in 1875 17

Dev S. Gangjee

Brand property from below 59

Oren Bracha

Designing goodwill: from graphic design to trademarks 103

Jose Bellido

Commercial marks and signs in European jurisprudence, 1300–1600 128

Robert Fredona and Teresa da Silva Lopes

Beyond the brand: trademarks through the lens of information 162