Varumärkesskydd

Historically, likelihood of confusion has been the core infringement test for trade mark law, and it remains the most frequently applied test in infringement actions by far. However, there are noticeable differences in how it is applied by the Court of Justice of the European Union (CJEU), the General Court, and national courts; and questionable outcomes when it is applied in novel situations.This book is the first comprehensive and systematic account of the confusion test within the harmonised European trade mark system. It considers how the test is applied by national trade mark registries across EU member states, by the European Union Intellectual Property Office (EUIPO), by national courts, and by the CJEU. It offers practical guidance, while also evaluating the viability of more recent developments such as initial-interest confusion, post-sale confusion and consumer responses to uses of trade marks on the internet. The book analyses three distinct strata of legal doctrine: the decisions of the CJEU, including the General Court; the extensive body of decisions by EUIPO; and the application of harmonised trade mark law by courts of member states, focusing on leading decisions as well as wayward ones. It also draws upon the legal position in the US to illuminate these issues.

Boken ger läsaren en allmän översikt av känneteckensrätten, dvs. varumärkes- och företagsnamnsrätten. Framställningen syftar till att ge läsaren en lättillgänglig genomgång av de viktigaste principfrågorna på området. Rättsfall och åskådliggörande exempel används genomgående för att konkretisera känneteckensrättens innehåll och ge läsaren en snabb orientering i centrala frågor. I boken diskuteras särskilt vilka förutsättningar som krävs för att ett kännetecken ska erhålla ensamrätt samt vilka omständigheter som är relevanta vid en intrångsbedömning. Boken är avsedd för både universitetsstuderande och praktiskt verksamma jurister som har ett behov av en introduktion till känneteckensrätten.

While intellectual property rights are mostly studied in isolation, in practice the legal categories created to protect these rights provide only partial legal coverage of the broader context in which such rights are created, used, and enforced. Consequently, often multiple IP rights overlap with respect to the same underlying subject matter. This book enables readers to consider how these overlapping rights work together, facilitating a deeper understanding of how and when they may be encountered in practice. Each chapter addresses a discrete pair of IP rights and uses a hypothetical scenario to analyse particular conceptual and practical issues, giving practitioners a comprehensive understanding of the overlap. While the focus of these IP rights is on UK, US and European law, the book also contains comparison tables of overlapping IP rights in other countries around the world. These tables complement the chapters, offering a detailed overview as to how these overlaps apply in different legal jurisdictions, as well as how they differ.

Developments and Directions in Intellectual Property Law celebrates the 20th anniversary of award-winning intellectual property (IP) blog, The IPKat, originally founded in 2003. Over the past two decades, The IPKat has covered and commented on several of the most topical developments in the IP field from substantive, practical, and policy standpoints. Today, The IPKat is considered the “Most Popular Intellectual Property Law Blawg” of all time (source: Justia) and its readers are academics, members of the judiciary, policy and law-makers, practitioners, and students from all over the world. By bringing together several of the current and past contributors to The IPKat, this book reflects on the developments and directions that have emerged in the IP field over the past twenty years. Topics covered include changes within substantive IP rights, as well as IP law, policy, and practice broadly intended and from a global perspective. From copyright to trade marks, patents to designs, image and publicity rights to geographical indications, and developments in IP practice and the court system to contract drafting, readers of this book will find expert insights into some of the most notable developments in IP since the inception of The IPKat blog.

Developments and Directions in Intellectual Property Law celebrates the 20th anniversary of award-winning intellectual property (IP) blog, The IPKat, originally founded in 2003. Over the past two decades, The IPKat has covered and commented on several of the most topical developments in the IP field from substantive, practical, and policy standpoints. Today, The IPKat is considered the “Most Popular Intellectual Property Law Blawg” of all time (source: Justia) and its readers are academics, members of the judiciary, policy and law-makers, practitioners, and students from all over the world. By bringing together several of the current and past contributors to The IPKat, this book reflects on the developments and directions that have emerged in the IP field over the past twenty years. Topics covered include changes within substantive IP rights, as well as IP law, policy, and practice broadly intended and from a global perspective. From copyright to trade marks, patents to designs, image and publicity rights to geographical indications, and developments in IP practice and the court system to contract drafting, readers of this book will find expert insights into some of the most notable developments in IP since the inception of The IPKat blog.

The Development Agenda is the result of the recent campaign to ensure that the intellectual property treaty regime permits -- and, indeed, empowers -- developing countries to tailor their intellectual property laws as they deem necessary to promote development and serve the welfare of their citizens. The Agenda's adoption by the World Intellectual Property Organization (WIPO) in September 2007 was an historic watershed for that UN agency, which has long viewed its mandate as the unabashed promotion of greater intellectual property rights throughout the world. Written by some of the world's leading IP scholars, Neil W. Netanel has edited this compilation of articles in order to examine the Development Agenda and the broader issues it touches upon. Contributors include leading scholars from various disciplines, including economics, political science, and law, and from countries at various stages of development, including China, India, Brazil, Argentina, Chile, Nigeria, Egypt, and Israel, in addition to the US, Canada, and EU. They also include experts from NGO-think tanks, UNCTAD, and the two Brazilian diplomats who were the leading advocates of the Development Agenda's adoption.

Publishing continues to be a major industry worldwide, and this book is designed to assist the thousands of entities that regularly contract into a variety of agreements and need advice in drafting or negotiating the best terms for a deal, or otherwise employing or understanding specific terms used. This book-written and compiled by the in-house counsel of a major publishing house-offers more than 80 forms and templates of all of the major agreements regularly encountered by a publishing company, with strategic commentary on their use. Topics covered include book publishing, periodical publishing, electronic publishing, litigation/litigation avoidance, e-commerce and permissions/subsidiary rights. Each chapter begins with introductory text setting forth key issues and other insights, and then presents the related forms, which in turn are accompanied by drafting and negotiating tips. An accompanying CD-ROM to the book contains all of the forms in electronic format, which can easily be modified for the customer's use.

The GDP of the United Arab Emirate's (UAE) economy is reported to have grown 35% in 2006, making it one of the fastest growing economies in the world. This has attracted unprecedented levels of foreign investment, which has resulted in efforts to bring its intellectual property laws into line with international standards. However, reliable copies of the IP laws and regulations of the UAE (which are written in Arabic) can be difficult to obtain, much less understand, for most Western attorneys. Quality English translations, interpretations of the law, and commentaries on practice are almost non-existent. Intellectual Property Law and Practice of the United Arab Emirates is the first book to address these problems by providing reliable copies of the Arabic laws and regulations, intelligent translations of them, and a discussion of issues arising in the application and practice of the law. This book will give practitioners the ability to better assess the IP problems they face and to devise the best possible strategic solutions.

We all create intellectual property. We all use intellectual property. Intellectual property is the most pervasive yet least understood way we regulate expression. Despite its importance to so many aspects of the global economy and daily life, intellectual property policy remains a confusing and arcane subject. This engaging book clarifies both the basic terms and the major conflicts surrounding these fascinating areas of law, offering a layman's introduction to copyright, patents, trademarks, and other forms of knowledge falling under the purview of intellectual property rights. Using vivid examples, noted media expert Siva Vaidhyanathan illustrates the powers and limits of intellectual property, distilling with grace and wit the complex tangle of laws, policies, and values governing the dissemination of ideas, expressions, inventions, creativity, and data collection in the modern world.Vaidhyanathan explains that intellectual property exists as it does because powerful interests want it to exist. The strongest economies in the world have a keen interest in embedding rigid methods of control and enforcement over emerging economies to preserve the huge economic interests linked to their copyright industries-film, music, software, and publishing. For this reason, the fight over the global standardization of intellectual property has become one of the most important sites of tension in North-South global relations. Through compelling case studies, including those of Starbucks, Coca-Cola, Sony, Amazon, and Google Books, Vaidhyanathan shows that the modern intellectual property systems reflect three centuries of changes in politics, economics, technologies, and social values. Although it emerged from a desire to foster creativity while simultaneously protecting it, intellectual property today has fundamentally shifted to a political dimension.

The new edition of a well-established text, A Practical Guide to Trade Mark Law provides a comprehensive, digestible, and approachable explanation of trade mark law.Fully updated with the most recent and relevant case law, this book provides a comprehensive yet practical explanation of the law on the acquisition, registration, and protection of trade mark rights. It addresses registered trade marks as well as unregistered rights in the form of the action for passing off, and aims to show how those registered and unregistered rights co-exist. It also offers guidance on how to enforce those rights, including the choice of tribunal and the remedies and outcomes available both in the civil and criminal courts. Now in its sixth edition, A Practical Guide to Trade Mark Law is an indispensable resource for trade mark attorneys, students and IP solicitors.

The new edition of a well-established text, A Practical Guide to Trade Mark Law provides a comprehensive, digestible and approachable introduction to trade mark law, explaining the technicalities of the law in plain, accessible language.While the focus of the book is primarily on UK law, it also deals with the acquisition and protection of EUTrade Marks, and procedure at OHIM, drawing comparisons between trade marks in the UK, and EU Trade Marks where appropriate.The book remains highly practical throughout, comprising discussion on topics such as the absolute and relative tests for registrability, registration practice and procedure, revocation, assignment and licensing, as well as complete coverage of the law on infringement, passing off and remedies.

In light of the ever-growing and developing jurisprudence of the Court of Justice and the General Court, and forthcoming substantive and systemic changes to the law, there is a need for a fresh and practical approach to the procedure and case law of trade marks in Europe. Trade Mark Law in Europe is a comprehensive guide to European trade mark law following the jurisprudence of the Court of Justice of the European Union and the case law of the General Court. It provides a wide-ranging overview of the trade mark system, including detailed and critical discussion of forthcoming changes, as well as an in-depth look at the life of a trade mark up to enforcement. It considers the conditions for maintaining a registration, the protection and enforcement of trade marks, and the interface between trade mark law and other areas of practice. Finally, it offers detailed and insightful analysis of current developments, challenges, and opportunities. This is complemented by an international and comparative approach which selectively considers the contemporary jurisprudence of the Supreme Court of the United States and general US practice, as well as national jurisprudence in areas not yet covered by the CJEU. Written by highly-regarded authors with considerable expertise across a range of constituencies, Trade Marks in Europe is a timely and important study of this complex and challenging area of law.

This book provides a critical analysis of the interface between trade mark law and competition law through a combination of practice, doctrine, and policy. The two legal regimes are at opposite ends of the scale, with one promoting monopoly and the other competition; they operate at parallel levels, often without regard for the objectives and regulatory tools of the other. However, an increasing number of cases from the European Union (EU) and beyond cover the intersection of the two regimes. This book highlights the ways in which the fundamentals of trade mark law are being challenged from a competition law perspective, and how trade mark principles affect the development and application of competition law. It provides a detailed overview of jurisprudence from Europe, the United States, and Australia, adopting a comparative approach.The book explores three practical areas. Firstly, it considers the jurisprudence on how trade mark law internalises competition considerations. Secondly, it examines how competition law internalises trade mark considerations. Thirdly, it looks at the hierarchy of the direct relationship between trade mark law as a set of exclusionary rules that lead to market power on one hand and competition law as a set of rules targeting market power and its abuse on the other. The book then focuses on identifying and 'codifying' the judicial toolkit developed by the courts in all of these, and positions this against a theoretical justificatory background. Finally, it tests the sustainability of the toolkit against the 'competition plus' context and provides an appropriate policy framework for the balancing between trade mark rights and competition rules.

This volume offers a detailed analysis of the issues related to the protection of non-traditional marks. In recent years, the domain of trademark law and the scope of trademark protection has grown exponentially. Today, a wide variety of non-traditional marks, including colour, sound, smell, and shape marks, can be registered in many jurisdictions. However, this expansion of trademark protection has led to heated discussions and controversies about the impact of the protection of non-traditional marks on freedom of competition and, more generally, on socially valuable use of these or similar signs in unrelated non-commercial contexts. These tensions have also led to increasing litigation in this area across several jurisdictions. This book provides an overview of the debate and state of the law surrounding non-traditional marks at the international, regional, and national level. In particular, this book addresses relevant international treaties administered by the World Intellectual Property Organization (WIPO) and the Agreement on Trade-Related Aspects to Intellectual Property Rights (TRIPS) as well as several regional and national legislations and leading judicial decisions in order to examine current law and practice culminating in critical reflections and suggestions on the topic.This is an open access title available under the terms of a CC BY-NC-ND 3.0 licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations.

The relevance of intellectual property law has increased dramatically over the last several years. Globalization, digitization, and the rise of post-industrial information-based industries have all contributed to a new prominence of IP law as one of the most important factors in driving innovation and economic development. At the same time, the significant expansion of IP rules has impacted many areas of public policy such as public health, the environment, biodiversity, agriculture, and information in an unprecedented manner. The growing importance of IP law has led to an exponential growth of academic research in this area. This book offers a comprehensive overview of the methods and approaches that could be used as guidelines to address and develop scholarly research questions related to intellectual property law. In particular, this volume aims to provide a useful resource that can be used by IP researchers who are interested in expanding their expertise in a specific research method or seek to acquire an understanding of alternative lenses that could be applied to their research. This edited collection is one of the largest compilations, to date, of existing methods and approaches from different lenses, perspectives, and experiences from a diverse group of scholars who derive from a wide range of countries, backgrounds, and legal traditions. This diversity, both regarding the topics and the authors of the contributions, is a fundamental feature of this collection, which seeks to assist IP researchers across many countries in the developing and developed world. This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is offered as a free PDF download from OUP and selected open access locations.

To better understand the heterogeneity of the international online intermediary liability regime, The Oxford Handbook of Intermediary Liability Online is designed to provide a comprehensive, authoritative and 'state-of-the-art' discussion of by highlighting emerging trends. This book discusses fundamental legal issues in intermediary liability online, while also describing advancement in intermediary liability theory and identifying recent policy trends. Sections I and II provide a taxonomy of internet platforms, a general discussion of possible basis for liability and remedies, while putting into context intermediary liability regulation with fundamental rights and the ethical implications of the intermediaries' role. Section III presents a jurisdictional overview discussing intermediary liability safe harbour arrangements and highlighting issues with systemic fragmentation and miscellaneous inconsistent approaches. Mapping online intermediary liability worldwide entails the review of a wide-ranging topic, stretching into many different areas of law and domain-specific solutions. Section IV provides an overview of intermediate liability for copyright, trademark, and privacy infringement, together with Internet platforms' obligations and liabilities for defamation, hate and dangerous speech. Section V reviews intermediary liability enforcement strategies by focusing on emerging trends, including proactive monitoring obligations across the entire spectrum of intermediary liability subject matters, blocking orders against innocent third parties, and the emergence of administrative enforcement of intermediary liability online. In addition, Section VI discusses an additional core emerging trend in intermediary liability enforcement: voluntary measures and private ordering. Finally, international private law issues are addressed in Section VII with special emphasis on the international struggle over Internet jurisdiction and extra-territorial enforcement of intermediaries' obligations.

Design law is a complex and fluctuating field of practice in the European Union. Twenty years after the introduction of the Community Registered Designs system, the EU has significantly amended its design law. These amendments modernise the legislation to future-proof the rights of designers and harmonise design protections across Member States. The new edition of Stone on European Union Design Law: A Practitioners' Guide provides comprehensive, up-to-date coverage of the EU-wide legislation and the thousands of court and tribunal decisions interpreting it.The Third Edition of this highly respected practitioner text offers an informative history of the legislation's development and aims. It traces the introduction of fundamental changes to the protection of industrial and ornamental designs throughout the EU up to and including the 2024 amendments. Since the previous edition, hundreds of cases have been decided by the EUIPO, the General Court, the Court of Justice, and national courts. Stone on European Union Design Law situates primary legal provisions in context, supported by excerpts and references to case law up to January 2025.Chapters cover topics including the definition of terms, the system of courts and tribunals with jurisdiction for EU design disputes, overlap with other intellectual property rights, exclusions from protection, the right to EU designs, invalidity of prior design and novelty arguments, the procedure of the EUIPO, infringement and applicable defences, jurisdictional issues, and the recast Design Directive.Providing accessible and robust coverage of the complete design law of the EU, this book is an essential reference for practitioners in Europe and beyond. It offers practical insights and detailed analysis, making it invaluable for anyone involved in the field.

Ambush marketing is any attempt to create an unauthorised or false association with an event thereby interfering with the legitimate contractual rights of the event's official marketing partners. Looking at both traditional intellectual property rights (such as trade marks, copyright, and designs) as they relate to sporting events, and event-specific legislation (such as that of the Olympics and Commonwealth Games), this book gives comprehensive and detailed coverage of ambush marketing. Also considered are the areas of law which can be used to prevent ambush marketing by intrusion (such as laws to prevent fly postering, street trading, the placing of posters and billboards, and control of aerial space). The book addresses the law in the United Kingdom and the EU in detail, and provides substantial coverage of the laws in Australia, Canada, New Zealand, South Africa, and the United States. This new edition addresses the recent Birmingham Commonwealth Games Act 2020 as well as the major changes to the law in Australia with three new laws governing major events and Canada with its major overhaul of trade mark, design, and copyright law.

Trademark scholarship has focused largely on the protection of trademark rights against consumer confusion and the dilution of trademarks. Studies of limitations on trademark rights, meanwhile, have remained relatively peripheral, especially in jurisdictions outside of the United States. However, this reality is incongruous with the importance of the limitations, such as descriptive and nominative uses, in promoting freedom of commerce, market competition, free speech, and cultural dynamics.Against this backdrop, Charting Limitations on Trademark Rights is the first comprehensive academic volume detailing limitations in trademark rights from both theoretical and comparative perspectives. The book presents new theoretical perspectives to justify trademark rights limitations, re-examines the nature of these limitations, delineates the scope of the limitations, and offers comparative studies of the limitations.With contributions from leading trademark scholars in the EU, US, and Asia, this is a must read for scholars, students, practitioners, and policymakers with an interest in the theories, policies, and doctrines of trademark law.

Discourse is a battlefield, and texts (in the broadest sense) are weapons in such battles. Contemporary India has become a major battleground in these “text wars”: there is no end in sight to the crude tinkering with centuries of intellectual advance currently being indulged in by puritanical revisionists. If they succeed, India will be redefined by having its institutions forced into line with what can best be described as a nationalist agenda.This collection of texts by Indian and non-Indian authors tackles questions of free expression, communication, censorship and social pressure, but also problems of social and media responsibility. It contains essays by writers, journalists and scholars, media specialists and political commentators, and includes accounts by contributors who have themselves been the direct victims of censorship, bullying and intimidation; there are poems, too, and a cartoon comic-strip. Most of the texts are originals that were written for this publication. The book stands out because of the high calibre of the contributors, but also because of the passion of their contributions. This is, after all, a war that must not be lost.

With the ever-increasing importance to both manufacturers and consumers of brand advertising and brand awareness, the commercial significance of trade marks continues to grow. Trade mark abuse, including counterfeiting branded products and the wrongful registration of a trade mark belonging to a person or company by another party (a bad faith registration), is a well-known problem in intellectual property law. This book provides practical guidance on protecting trade marks against trade mark grabbing in general and abusive bad faith trade mark registrations in particular. It examines the case law, literature and recent EU developments (including issues relating to the enlargement of the EU) on trade mark registrations in bad faith from both an international and national perspective, and offers a comparative analysis of the relevant rules and regulations in all EU Member States.

The growing use of private labels in recent years has affected significantly the landscape of retail competition, with major retailers no longer being confined to their traditional role as purchasers and distributors of branded goods. By selling their own-label products within their outlets they are competing with their upstream brand suppliers for sales and shelf space. This unique relationship, and the continued strengthening of private labels, raises important questions as to their pro-competitive effects and possible negative effects. This book provides an in-depth review of the range of competitive and intellectual property issues raised in connection with private brands in Europe and the US. It examines the development of private labels and their impact on retail competition, then moves on to focus on policy and question the adequacy of current economic and legal analysis in light of the characteristics of own-label competition, and finally it presents a thorough evaluation of the legal issues in the field, including chapters on horizontal and vertical effects, dominance, mergers and acquisitions, intellectual property, copycat packaging and consumer welfare.The book contains a collection of essays reflecting the debate on the impact of private labels upon competition, investment and innovation in the retail sector. The ideas and arguments underlying the articles have been developed through a series of seminars held in the Oxford Centre for Competition Law and Policy over the last three years. Participants in these seminars have included competition officials, law academics, practitioners and representatives from industry.

The only comparison of EU and US protection against trade mark dilution, this book provides a complete overview of the dilution action, enabling practitioners to better protect trade marks against dilution or to combat dilution claims. Through clear and practical tests for the different types of dilution, this book demonstrates how to prove that a mark is famous, how to prove blurring, tarnishment and unfair advantage and how to prove lack of due cause. It gives clear guidance on the meaning of association and the role of similarity of goods, as well as the US dilution defences, the level of proof required and the 'actual versus likely' dilution question. By examining the justifications offered for dilution, the book places the dilution action in the wider context of the trade mark system, allowing readers to understand the issues behind the law and to consider whether the law appropriately meets these justifications. It considers the fundamental questions raised about trade marks, including whether the main aim of trade marks is to protect the public from being confused, or the investment of trade mark owners in building up their reputations. The book also considers how well the EU and the US take these questions into account in balancing the interests of trade mark owners, their competitors and the public through the dilution action.Dilution is at the cutting edge of trade mark law, extending its protection beyond traditional boundaries to situations where defendants using trade marks are not causing confusion. This book provides practitioners with all the information they need both to protect trade marks against dilution and to prevent them being the subject of dilution claims.

The Reports of Patent, Design and Trade Mark Cases Bound Volume, published on behalf of the UK Intellectual Property Office, includes each case reported on in the Reports of Patent, Design and Trade Mark Cases journal in 2009.Containing the definitive text of carefully selected key decisions and judgments and a full cumulative index, the Reports of Patent, Design and Trade Mark Cases Bound Volume is an essential reference for solicitors, barristers, judiciary, patent attorneys and trade mark attorneys. Each case is accompanied by a headnote written by Mary Vitora QC, drawing together and analysing the important aspects of the case. The headnotes provide key words, summaries of facts and judicial findings, lists of cases and legislation considered and the names of instructed counsel and solicitors.The Reports of Patent, Design and Trade Mark Cases journal contains only the most important intellectual property decisions and this unique Bound Volume draws all of these together in a single, comprehensive and tidy resource.Contents ListAvon Gripster Trade Mark Blacklight Power Inc v Comptroller-General of Patents Directmedia Publishing Gmbh v Albert-Ludwigs-Universität Freiburg Generics (UK) Ltd v Daiichi Pharmaceutical Co Ltd Generics (UK) Ltd v Daiichi Pharmaceutical Co Ltd Generics (UK) Ltd v H Lundbeck A/SHotel Cipriani Srl v Cipriani (Grosvenor Street) Ltd Hull Daily Mail Publications Ltd's Trade Mark ApplicationsIntel Corporation Inc v CPM United Kingdom Ltd Interflora Inc v Marks and Spencer Plc Kelly and Chiu v Ge Healthcare Ltd Land Securities Plc v The Registrar of Trade Marks L'Oréal SA v eBay International AGMunroe's Trade Mark Application Napp Pharmaceutical Holdings Ltd v Ratiopharm GmbH; Napp Pharmaceutical Holdings Ltd v Sandoz Ltd Phonographic Performance Ltd v The British Hospitality Association Ratiopharm GmbH v Napp Pharmaceutical Holdings Ltd; Sandoz Ltd v Napp Pharmaceutical Holdings Ltd Schlumberger Holdings Ltd v Electromagnetic Geoservices ASStarfire Publishing Ltd v Ordo Templi Orientis Symbian Ltd v Comptroller-General of Patents Synthon BV v Merz Pharma GmbH & Co KgaA Thorn Security Ltd v Siemens Schweiz AG Whirlpool Corp v Kenwood Ltd

Written by a recognised leader in the field, this work provides the only specialised commentary on the Paris Convention and its associated agreements. Professor Ricketson discusses the origins of the agreement, giving an overview of early debates about patent protection, before outlining the negotiations that led to the initial adoption of the Convention. He outlines the subsequent revisions of the Convention, and gives an overview of the present scope of the Convention, including the gradual expansion to include trade marks, designs and other industrial property titles, and its incorporation into the WTO through the TRIPS agreement.The work explores a number of themes, including the broader significance of the agreement in relation to WIPO, the future significance of the Convention in the post-TRIPS environment, and why the Paris Convention has been less successful than its Berne counterpart.A comprehensive overview of a key treaty, this work is essential reading for intellectual property policy makers, legal practitioners, and academics.

An established authority in the field, this work provides comprehensive analysis of the law and practice relating to internet domain names at an international level, combined with a detailed survey of the 36 most important domain name jurisdictions worldwide, including the US, UK, Germany, France, Italy, Netherlands, Japan, China, Singapore, Russia, Canada, and Australia, and new chapters on Israel, Mexico, South Korea, Brazil, Colombia, Portugal, and South Africa. The survey includes extensive country-by-country analysis of how domain names relate to existing trade mark law, and upon the developing case law in the field, as well as the alternative dispute resolution procedures. In its second edition, this work analyses, in depth, key developments in the field including ICANN's new gTLD program. The program, introducing more than 700 new top-level domains, will have far-reaching consequences for brand name industries worldwide and for usage of the internet. The complicated application process is considered in detail as well as filing and review procedures, the delegation process, the role and function of the Trademark Clearing House and the Sunrise and Trademark Claims Services, dispute resolution, and new rights protection mechanisms.Other developments covered include new registration processes such as the use of privacy and proxy services, as well as the expansion of the scope of internationalized domain names, including the addition of a number of generic top-level domains such as ".tel" and ".travel". Also considered are developments relating to the Uniform Domain Name Dispute Resolution Policy (UDRP) in terms of the nature of cases seen under the Policy and the number of cases filed, as well as the recent paperless e-UDRP initiative. The Uniform Rapid Suspension System, working alongside the UDRP in the new gTLD space, is also discussed in a new chapter on this process. Giving detailed information about the registration of domain names at national, regional and international levels, analysis of the dispute resolution processes at each of those levels, and strategic guidance on how to manage domain names as part of an overall brand strategy, this leading work in international domain name law is essential reading for practitioners in the field.

It is an unquestioned assumption of trade mark law that trade marks are territorial. But is territoriality relevant in a global marketplace? If trade marks are not dependent upon territoriality what are the alternative models for their protection? Professor Dinwoodie considers these important issues in this thought-provoking scholarly treatment of the concept and relevance of territoriality in modern trade mark law.Professor Dinwoodie provides numerous key insights in this books. First, he highlights three alternative models that might facilitate the move to international protection: (a) protection through international institutions, (b) protection through evolution of national doctrine, and (c) protection through regional unitary rights. Second, by focusing on the surprising evolutions in national regimes, the resistance of European Union trade mark law to embrace fully the logic of the Community Trade Mark, and the weaknesses of the explicitly international system, Professor Dinwoodie identifies the key variables that will determine the ability of trade mark law to reflect a new post-national era. Third, by comparing and critiquing the different models, Professor Dinwoodie lays bare the policy choices and political dilemmas that underlie what is thought to be a relatively technical area of law, and advances a prescription for reconciling global markets with local values, cultures and institutions. Finally, Professor Dinwoodie draws these insights together to illuminate a number of characteristics of trade mark law: its role in industrial and economic policy developments; the extent of its subservience to political rather than commercial forces; the relationship between protecting goodwill and registration systems; the complexity of the values pursued by trademark protection; and, perhaps most fundamentally, why territoriality operates differently in trade mark law than in other intellectual property regimes.