Trademark Dilution and Free Riding

Author: Daniel R. Bereskin
Publisher: Edward Elgar Publishing
ISBN: 9781035312399
Published In: December 2023
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

Written by a team of international experts, marshalled by one of the world’s foremost trademark lawyers, Trademark Dilution and Free Riding is the leading comparative work on trademark dilution.

Trademark owners are motivated to litigate for a variety of reasons, often taking action in order to protect the integrity of a trademark and its commercial magnetism. This book assists the reader in navigating through the array of issues threatening well-known trademarks.

Structured in three parts, the book first maps out the concept of trademark dilution as it has developed in Europe, in the U.S. and at the international level. It then sets out the current law on dilution in the most significant jurisdictions across the globe, explaining the national position on protection, infringement and remedies. Finally, it delivers a deep-dive into how fair use, parody and freedom of expression have affected dilution enforcement.

This book is a must-have resource for trademark professionals worldwide, and will also stand as a valuable reference point for intellectual property scholars.

Key Features:

A leading author team
Wide-ranging jurisdictional coverage
Highly structured analysis for ease of navigation
Practical guidance on protecting trademarks and remedies for infringement
Chapter on use of Survey Evidence in U.S. dilution cases
Extensive discussion of the relationship between dilution and freedom of expression in the EU and U.S.

Foreword xxxiii

Preface xxxv

Table of Cases xxxvii

Table of Laws and Rules li

PART I. HISTORICAL OVERVIEW OF TRADEMARK DILUTION LAW

Overview of International Dilution Law 2

Daniel R. Bereskin

Historical Roots of European Dilution Law 10

Ilanah Fhima

The Evolution of Dilution Law in the United States from 1927 through 2006 (and a Few Months Beyond) 34

Jerre B. Swann

PART II. TRADEMARK DILUTION LAW THROUGHOUT THE WORLD