Reputed Trade Marks and Their Protection

AIPPI Law Series

About this book:

Reputed Trade Marks and Their Protection provides a comparative analysis of the legal protection of trade marks whose reputation gives them a value extending beyond their traditional function as indicators of origin. In today’s global and digital economy, reputed marks play a significant economic and communicative role. Their protection may go beyond the principles of specialty and likelihood of confusion and extend to dilution, tarnishment and unfair advantage. This broader protection, however, also raises difficult questions about the proper limits of trade mark rights and their relationship with competition, market access and freedom of expression.

What’s in this book:

Drawing on international instruments, AIPPI Study Questions and resolutions, and developments in national and regional law, this volume examines the diverse concepts of well-known, reputed, famous and highly renowned marks. It explores the criteria for:

• establishing reputation;
• the relevant public;
• evidentiary requirements and the burden of proof;
• the scope of protection and forms of infringement; and
• limitations, defences and the loss and possible restoration of reputation.

The book combines doctrinal analysis with detailed country-specific studies, revealing both shared principles and important divergences between jurisdictions. By bringing together different legal traditions and approaches, it provides an integrated account of one of the most dynamic and contested areas of contemporary trade mark law.

How this will help you:

Bringing together comparative, national and international perspectives, Reputed Trade Marks and Their Protection provides an authoritative resource on the legal treatment of reputed marks across jurisdictions.