This important research Handbook brings together a set of illuminating works by the field's leading scholars to comprise one of the broadest and most far-reaching overviews of trademark law issues. Organized around three areas of inquiry, the book starts by offering a rich variety of methodological perspectives on trademark law. Reflecting the multifaceted nature of contemporary trademarks, contributors have drawn from law and economics, political science, semiotic theory, and history. The Handbook goes on to survey trademark law's international landscape, addressing indigenous cultural property, human rights issues, the free movement of goods, and the role of substantive harmonization. It concludes with a series of forward-looking perspectives, which focus on trademark law's intersection with the laws of advertising and free speech, copyright law, cyberspace regulation, and design protection.
Discussing critical future issues regarding trademark protection and its relationship with other social policies, this Handbook will be of great interest to legal scholars, trademark lawyers and law students. It will also be of interest to academics in marketing, business, consumer psychology, and economics
Edited by Graeme B. Dinwoodie, Global Professor of Intellectual Property Law, IIT Chicago-Kent College of Law and Mark D. Janis, Robert A. Lucas Chair of Law, Indiana University Maurer School of Law, US
Contents: Introduction PART I: METHODOLOGICAL PERSPECTIVES 1. From Communication to Thing: Historical Aspects of the Conceptualisation of Trade Marks as Property Lionel Bently 2. The Semiotic Account of Trademark Doctrine and Trademark Culture Barton Beebe 3. A Search-Costs Theory of Limiting Doctrines in Trademark Law Stacey L. Dogan and Mark A. Lemley 4. Trade Mark Bureaucracies Robert Burrell 5. The Political Economy of Trademark Dilution Clarisa Long PART II: INTERNATIONAL AND COMPARATIVE DIMENSIONS 6. Fundamental Concerns in the Harmonization of (European) Trademark Law Annette Kur 7. Substantive Trademark Law Harmonization: On the Emerging Coherence Between the Jurisprudence of the WTO Appellate Body and the European Court of Justice Gail E. Evans 8. The Free Movement (or not) of Trademark Protected Goods in Europe Thomas Hays 9. The Trademark Law Provisions of Bilateral Free Trade Agreements Burton Ong PART III: CRITICAL ISSUES A. Trademarks and Speech 10. Reconciling Trademark Rights and Expressive Values: How to Stop Worrying and Learn to Love Ambiguity Rochelle Cooper Dreyfuss 11. Truth and Advertising: The Lanham Act and Commercial Speech Doctrine Rebecca Tushnet 12. Restricting Allusion to Trade Marks: A New Justification Michael Spence B. Limiting the Scope of Trademark Rights 13. Protecting the Common: Delineating a Public Domain in Trade Mark Law Jennifer Davis 14. Tolerating Confusion About Confusion: Trademark Policies and Fair Use Graeme W. Austin 15. Online Word of Mouth and its Implications for Trademark Law Eric Goldman C. Trademarks and Traditional Knowledge 16. Trademarks and Traditional Knowledge and Cultural Intellectual Property Rights Susy Frankel 17. Culture, Traditional Knowledge and Trademarks: A View from the South Coenraad Visser D. The Edges of Trademark Protection 18. Of Mutant Copyrights, Mangled Trademarks, and Barbie's Beneficence: The Influence of Copyright on Trademark Law Jane C. Ginsburg 19. Signs, Surfaces, Shapes and Structures - The Protection of Product Design Under Trade Mark Law Alison Firth Index