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Research Handbook on Trademark Law Reform

Edited by: Graeme B. Dinwoodie, Mark D. Janis

ISBN13: 9781785366208
Published: April 2021
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £160.00



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.

Subjects:
Intellectual Property Law
Contents:
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
6. The case against product configuration trade dress
Caitlin Canahai and Mark P. McKenna
7. Aesthetic functionality in EU law—should it be deleted?
Annette Kur
8. Trade marks and innovation?
Dev Gangjee
9. Democratizing access to survey evidence of distinctiveness
Jake Linford
10. What is the meaning of a trademark?
Laura A. Heymann
PART III. REFORMING THE RULES OF SCOPE AND ENFORCEMENT
11. Likelihood of confusion and trademark infringement: a constructively critical analysis
Robert G. Bone
12. Exiling the unwary consumer from unregistered trade mark law in the UK: the case for change
Jennifer Davis
13. The consumer’s duty of care in trademark law
Michael Grynberg
14. Finding dilution
Jeremy N. Sheff
15. Reforming trademark law’s approach to intermediary liability
Stacey Dogan
16. The liability of intermediaries for trade mark infringement
Ansgar Ohly
Index