Research Handbook on Trademark Law Reform

Author: Graeme B. Dinwoodie; Mark D. Janis
Publisher: Edward Elgar Publishing
ISBN: 9781785366208
Published In: April 2021
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents

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This follow-up to Graeme B. Dinwoodie and Mark D. Janis’s successful book Trademark Law and Theory examines reform of trademark law from a number of perspectives and across many jurisdictions. In so doing, it analyses the most important current and future issues in the field, both providing normative frameworks for the development of trademark law and concrete proposals for reform.

This Research Handbook is organized into three thematic parts discussing different areas of reform: the trademark registration process; subject matter boundaries and trademark protectability; and trademark scope and enforcement. Leading trademark law scholars from across the globe investigate important topics such as intermediary liability, trademark protection for product design, conceptions of the hypothetical “average consumer”, and trademark depletion and congestion.

Scholars and students of intellectual property law will find the provocative and insightful thinking in this Research Handbook stimulating and valuable. The practical suggestions for future reform will also be of interest to trademark lawyers, policymakers, brand managers and other marketing professionals.

1. The drivers of trademark law reform: perspectives from the Academy

Graeme B. Dinwoodie and Mark D. Janis

PART I. REFORMING THE REGISTRATION PROCESS

2. The problems of trademark depletion and congestion: some possible reforms

Barton Beebe and Jeanne C. Fromer

3. (Re)claiming trade mark protection

Robert Burrell and Michael Handler

4. Reforming trademark registration

Rebecca Tushnet

PART II. REFORMING SUBJECT MATTER BOUNDARIES AND PROTECTABILITY

5. Towards a new copyright/trademark interface—why (and how) signs with cultural significance should be kept outside trademark law

Martin Senftleben