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Author:   Jeremy Phillips
Publisher:   Edward Elgar Publishing Ltd
Imprint:   Edward Elgar Publishing Ltd
ISBN:  

9781845427382

ISBN 10:   1845427386
Pages:   320
Publication Date:   25 May 2006
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   To order  
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Table of Contents

Contents: Preface Introduction: Permitted But Unauthorised Use Jeremy Phillips PART I: THE LEGAL BACKGROUND 1. Permitted Use Under International Law Nicolas Dontas 2. Permitted Use Under European Law: The Framework Susie Middlemiss 3. Comparative Advertising in the United States Charles H. Googe, Jr and Lewis Clayton 4. A Contrast With Trade Mark Law: The Permitted Use of Geographical Indications Lasse A. Sondergaard Christensen and Janne Britt Hansen PART II: SPECIFIC ISSUES 5. Comparative Advertising in Europe Philippe de Jong 6. Use of Trade Marks on Repackaged and Relabelled Pharmaceutical Goods Christian Schumacher 7. Controlling Third Party Use at the Border Luca Giove 8. Compatibility of Products: The ECJ's Gillette Ruling Rainer Hilli 9. Repairs and other Specialist Services in the Light of the ECJ's BMW Ruling Montiano Monteagudo and Nuria Porxas 10. Refills, Recharged Batteries and Recycled Products Wolfgang Kellenter 11. Honest Commercial Use in Light of the ECJ's Gerolsteiner Ruling Grace Smith 12. 'Descriptivess' in American Trade Mark Law David W. Quinto and Anthony P. Alden 13. Interim Relief, Final Injunctions and Freedom of Speech: The French Greenpeace and Danone Litigation Gregoire Triet 14. Trade Mark Issues in the Financial Services Industry Steven Weiner and Frank Azzopardi 15. The Impact of Permitted Use on Trade Mark Valuation Mark Bezant 16. Unauthorised Use of Trade Marks: A Trade Mark Proprietor's Perspective Bruce Proctor 17. Unauthorised Permitted Use in a Multilingual Jurisdiction Thierry Calame 18. Unauthorised Use of Another's Trade Mark: A View from Australia Jackie O'Brien PART III: LOOKING TO THE FUTURE 19. Why is it Better to Brand so as not to Rely on Third Party Use? Dawn Franklin 20. Legal Strategies for Coping With Unwanted Third Party Use Steven Warner 21. Non-traditional Trade Marks: Unauthorised but Permitted Use Karin Cederlund and Petra Hansson Conclusion: Where Do We Go From Here? Jeremy Phillips Index

Reviews

`. . . the book differs from the norm in addressing issues not conventionally found in the more standard trade mark works and in dealing with the subject not in the traditional textbook manner but in a series of contributions from a panel of distinguished international experts. . . While there will always be a need for the detailed and comprehensive academic and practitioner tomes, books such as this give the reader access to the cutting-edge minds of a number of leading experts in their fields. Books of this nature encourage the reader to question and challenge the current status of the law - the only way law can evolve. In both its structure and its content this book is highly commended.' -- Colin R. Davies, European Intellectual Property Review

'. . . the book differs from the norm in addressing issues not conventionally found in the more standard trade mark works and in dealing with the subject not in the traditional textbook manner but in a series of contributions from a panel of distinguished international experts. . . While there will always be a need for the detailed and comprehensive academic and practitioner tomes, books such as this give the reader access to the cutting-edge minds of a number of leading experts in their fields. Books of this nature encourage the reader to question and challenge the current status of the law - the only way law can evolve. In both its structure and its content this book is highly commended.' -- Colin R. Davies, European Intellectual Property Review

'... the book differs from the norm in addressing issues not conventionally found in the more standard trade mark works and in dealing with the subject not in the traditional textbook manner but in a series of contributions from a panel of distinguished international experts... While there will always be a need for the detailed and comprehensive academic and practitioner tomes, books such as this give the reader access to the cutting-edge minds of a number of leading experts in their fields. Books of this nature encourage the reader to question and challenge the current status of the law - the only way law can evolve. In both its structure and its content this book is highly commended.' -- Colin R. Davies, European Intellectual Property Review

Author Information

Edited by Jeremy Phillips, formerly Intellectual Property Consultant, Olswang; Research Director, Intellectual Property Institute; co-founder, IPKat weblog

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