Trade Marks and Brands: An Interdisciplinary Critique

by Edited by Lionel Bently , Jennifer Davis , Jane C. Ginsburg

• ISBN13: 9780521187923
• ISBN10: 0521187923
• Edition: Revised
• Format: Paperback
• Copyright: 2011-03-03
• Publisher: Cambridge University Press

Summary

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.

Table of Contents

Legal and Economic History:

The making of modern trade mark law: the construction of the legal concept of trade mark (1860-1980)

The Making of modern trade mark law: the UK, 1860-1914. A business history perspective

Current Positive Law in the E.U. and the US:

Between a sign and a brand: mapping the boundaries of a registered trade mark in European Union trade mark law

“See me, feel me, touch me, hea[r] me” (and maybe smell and taste me too): I am a trademark - a US perspective

Linguistics:

'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

What linguistics can do for trade mark law

Marketing:

Brand culture: trade marks, marketing and consumption Jonathan Schroeder

Images in brand culture: responding legally to Professor Schroeder's paper

Sociology:

Trade mark style as a way of fixing things

The irrational lightness of trade marks: a legal perspective

Law and Economics:

A law and economics perspective on trade marks

The economic rationale of trademarks: an economist's critique

Philosophy:

Trade marks as property: a philosophical perspective

An alternative approach to dilution protection: a response to Scott, Oliver and Ley Pineda

Anthropology:

An anthropological approach to transactions involving names and marks, drawing on Melanesia

Traversing the cultures of trade mark sphere: observations on the anthropological approach of James Leach

geography:

Geographical indications: not all champagne and roses

(Re)locating geographical indications: a response to Bronwyn

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