Trademark Dilution: The Protection of Reputed Trademarks Beyond Likelihood of Confusion

Author:   Amir Friedman
Publisher:   Austin Macauley Publishers
ISBN:  

9781528987363


Pages:   278
Publication Date:   31 May 2022
Format:   Hardback
Availability:   In Print   Availability explained
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Trademark Dilution: The Protection of Reputed Trademarks Beyond Likelihood of Confusion


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Overview

The world has changed materially since the foundation of traditional trademark laws, according to which the purpose of a trademark was to serve as a differentiating source indicator, preventing source confusion in the marketplace. Traditionally, trademarks protected the public from likelihood of confusion, assisted in consumer decisions and reduced search costs. The need to award a special scope of protection to famous trademarks from use on non-competing goods was first discussed in Kodak in 1898, holding that the use of the word Kodak for a bicycle company does not mislead consumers but takes unfair advantage of reputation. However, the most significant point in the evolution of dilution, in its early stages, was the case of Odol decided in 1924, which was the first to acknowledge the need to protect the advertising power of trademarks from being diluted, even in the absence of a likelihood of confusion. This book will provide that dilution is a 'sui generis' brand remedy applicable to reputed trademarks in accordance to their aggregated inherent and acquired strength. The book will address the non-harmonised nature of dilution, which reflects a problem in an age of borderless trade and cyber commerce and emphasises the need to answer the question: To what extent should reputed trademarks be protected by dilution beyond the traditional trademark protection from likelihood of confusion? The book includes a proposal for an operative legal framework based on conclusions and distinctions derived from the comparison of dilution, as adopted and interpreted in different areas of the world, comparative case studies and comparison with neighbouring legal rights, such as Tort Law, Unfair Competition, Moral Rights, Equitable Rights, Publicity Rights and Unlawful Enrichment.

Full Product Details

Author:   Amir Friedman
Publisher:   Austin Macauley Publishers
Imprint:   Austin Macauley Publishers
ISBN:  

9781528987363


ISBN 10:   1528987365
Pages:   278
Publication Date:   31 May 2022
Audience:   General/trade ,  General
Format:   Hardback
Publisher's Status:   Active
Availability:   In Print   Availability explained
This item will be ordered in for you from one of our suppliers. Upon receipt, we will promptly dispatch it out to you. For in store availability, please contact us.

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Amir Friedman, is an intellectual property attorney from Israel who has been practising, teaching and engaging in the intellectual property sphere, with exciding expertise in trademark law, during the last 25 years. The author's previous publications include Trademark Law (3 editions), Patent Law and various articles in the intellectual property domain.

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