Trade Marks and Brands: An Interdisciplinary Critique

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

• ISBN13: 9780521889650
• ISBN10: 0521889650
• Edition: 1st
• Format: Hardcover
• Copyright: 2008-07-07
• Publisher: Cambridge University Press

Summary

Recent 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

List of figures and tables	p. viii
Notes on the contributors	p. ix
Editors' preface	p. xv
Table of cases	p. xvii
Table of statutes	p. xxx
Legal and economic history	p. 1
The making of modern trade mark law: the construction of the legal concept of trade mark (1860-1880)	p. 3
The making of modern trade mark law: the UK, 1860-1914. A business history perspective	p. 42
Current positive law in the EU and the USA	p. 63
Between a sign and a brand: mapping the boundaries of a registered trade mark in European Union trade mark law	p. 65
"See me, feel me, touch me, hea[r] me" (and maybe smell and taste me too): I am a trademark - a US perspective	p. 92
Linguistics	p. 105
'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	p. 107
What linguistics can do for trademark law	p. 140
Marketing	p. 159
Brand culture: trade marks, marketing and consumption	p. 161
'Brand culture: trade marks, marketing and consumption' - responding legally to Professor Schroeder's paper	p. 177
Sociology	p. 199
Trade mark style as a way of fixing things	p. 201
The irrational lightness of trade marks: a legal perspective	p. 223
Law and Economics	p. 239
A Law-and-Economics perspective on trade marks	p. 241
The economic rationale of trade marks: an economist's critique	p. 267
Philosophy	p. 283
Trade marks as property: a philosophical perspective	p. 285
An alternative approach to dilution protection: a response to Scott, Oliver and Ley-Pineda	p. 306
Anthropology	p. 317
An anthropological approach to transactions involving names and marks, drawing on Melanesia	p. 319
Traversing the cultures of trade marks: observations on the anthropological approach of James Leach	p. 343
Geography	p. 359
Geographical Indications: not all 'champagne and roses'	p. 361
(Re)Locating Geographical Indications: a response to Bronwyn Parry	p. 381
Bibliography	p. 398
Index	p. 423
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