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

Author: Ilanah Simon Fhima
Publisher: Edward Elgar Publishing
ISBN: 9781847202796
Published In: March 2009
Format: Hardback , 224 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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There are a number of points throughout the trade mark system where multiple undertakings share the same name, either unwillingly, or by consent. In this timely book, expert contributors address this controversial issue and identify the various points at which names are shared.

This unique book uses both historical and interdisciplinary perspectives, as well as more traditional legal methodology, to examine the practical and theoretical implications of such name sharing for the parties involved. It analyses what can be learned from the sharing process about the nature of the trade mark system and the interests which it protects. General themes relating to the nature and purpose of trade mark law are also discussed.

The contributors focus on UK and European law and their detailed treatment of specific trade mark topics will prove invaluable to postgraduate law students and academics specialising in intellectual property. Legal practitioners will appreciate the up-to-date consideration of concepts important in both contentious and non-contentious trade mark practice and in-house counsel for brand owners will benefit from the expert guidance offered on issues relevant to protecting their trade marks.

PART I: OVERVIEW
1. Introduction
Ilanah Simon Fhima

2. An Economic Perspective on Shared Name Issues in Trade Mark Law
Andrew Griffiths

PART II: REGISTRABILITY ISSUES
3. The Rise and Fall of Honest Concurrent Use
Phillip Johnson

4. Coexistence in Community Trade Mark Disputes: When is it Recognized and What are its Implications?
Arnaud Folliard-Monguiral

5. The Approach of the UK-IPO to Co-ownership of Registered Trade Marks: Nanny Leaves the Registry, but not Completely
Edward Smith

6. The Business End of Collective and Certification Marks
Dev Gangjee

PART III: SHARED NAME LITIGATION
7. Same Name, Different Goods – Death of the Principle of Specialty
Ilanah Simon Fhima

8. Is There an Own-Name Defence in the Common Law Tort of Passing-off? The Implications of Asprey, Reed and Newman v Adlem
Christopher Wadlow

9. The Own-Name Defence in Relation to Registered Trade Mark Law
Ashley Roughton

PART IV: SHARED NAME TRANSACTIONS
10. Co-branding
Spyros Maniatis and Stefan Schwarzkopf

11. Splitting Trade Marks and the Competition Laws
Thomas Hays

12. Aspects of Sublicensing
Neil Wilkof

Index

Edited by Ilanah Simon Fhima, Lecturer and Co-Director, Institute of Brand and Innovation Law, University College London, UK

'This book is filled with very interesting and important parts on trade marks and sharing names that are of interest to postgraduate students in law, intellectual property-specialised academics and legal practitioners.’
– Abdallah Ziadat, Script-ed