Trade Marks and Brands An Interdisciplinary Critique

Author: Lionel Bently; Jennifer Davis; Jane C. Ginsburg
Publisher: Cambridge University Press
ISBN: 9780521889650
Published In: June 2008
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Recent 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.

Contents:: Part I. Legal and Economic History; 1. The Making of Modern Trade Mark Law: The Construction of the Legal Concept of Trade Mark (1860–1980) Lionel Bently; 2. The Making of Modern Trade Mark Law: The U.K., 1860–1914. A Business History Perspective David Higgins; Part II. Current Positive Law in the E.U. and the U.S.; 3. Between a Sign and a Brand: Mapping the Boundaries of a Registered Trade Mark in European Union Trade Mark Law Jennifer Davis; 4. “See Me, Feel Me, Touch Me, Hea[r] Me” (and maybe smell and taste me too): I Am a Trademark – A U.S. Perspective Jane C. Ginsburg; Part III. Linguistics; 5. ‘How Can I Tell the Trade Mark on a Piece of Gingerbread from All the Other Marks on It?’ Naming and Meaning in Verbal Trade Mark Signs Alan Durant; 6. What Linguistics Can Do For Trade Mark Law Graeme Dinwoodie; Part IV. Marketing:
7. Brand Culture: Trade Marks, Marketing and Consumption Jonathan Schroeder; 8. Images in Brand Culture: Responding Legally to Professor Schroeder’s Paper David Vaver; Part V. Sociology; 9. Trade Mark Style as a Way of Fixing Things Celia Lury; 10. The Irrational Lightness of Trade Marks: a Legal Perspective Catherine Ng; Part VI. Law and Economics; 11. A Law and Economics Perspective on Trade Marks Andrew Griffiths; 12. The Economic Rationale of Trademarks: An Economist’s Critique Jonathan Aldred; Part VII. Philosophy; 13. Trade Marks as Property: A Philosophical Perspective Dominic Scott, Alex Oliver and Miguel Ley Pineda; 14. An Alternative Approach to Dilution Protection: A Response to Scott, Oliver and Ley Pineda Michel Spence; Part VIII. Anthropology; 15. An Anthropological Approach to Transactions Involving Names and Marks, Drawing on Melanesia James Leach; 16. Traversing the Cultures of Trade Mark Sphere: Observations on the Anthropological Approach of James Leach Megan Richardson; Part IX. Geography; 17. Geographical Indications: Not All Champagne and Roses Bronwyn Parry; 18. (Re)Locating Geographical Indications: A Response to Bronwyn Parry Dev Gangjee.