Trademark Dilution and Free Riding
Published on 12. December 2023
Book
Hardback
606 pages
978-1-0353-1239-9 (ISBN)
Description
Written by a team of international experts, marshalled by one of the world's foremost trademark lawyers, Trademark Dilution and Free Riding is the leading comparative work on trademark dilution.
Trademark owners are motivated to litigate for a variety of reasons, often taking action in order to protect the integrity of a trademark and its commercial magnetism. This book assists the reader in navigating through the array of issues threatening well-known trademarks.
Structured in three parts, the book first maps out the concept of trademark dilution as it has developed in Europe, in the U.S. and at the international level. It then sets out the current law on dilution in the most significant jurisdictions across the globe, explaining the national position on protection, infringement and remedies. Finally, it delivers a deep-dive into how fair use, parody and freedom of expression have affected dilution enforcement.
This book is a must-have resource for trademark professionals worldwide, and will also stand as a valuable reference point for intellectual property scholars.
Key Features:
A leading author team
Wide-ranging jurisdictional coverage
Highly structured analysis for ease of navigation
Practical guidance on protecting trademarks and remedies for infringement
Chapter on use of Survey Evidence in U.S. dilution cases
Extensive discussion of the relationship between dilution and freedom of expression in the EU and U.S.
Trademark owners are motivated to litigate for a variety of reasons, often taking action in order to protect the integrity of a trademark and its commercial magnetism. This book assists the reader in navigating through the array of issues threatening well-known trademarks.
Structured in three parts, the book first maps out the concept of trademark dilution as it has developed in Europe, in the U.S. and at the international level. It then sets out the current law on dilution in the most significant jurisdictions across the globe, explaining the national position on protection, infringement and remedies. Finally, it delivers a deep-dive into how fair use, parody and freedom of expression have affected dilution enforcement.
This book is a must-have resource for trademark professionals worldwide, and will also stand as a valuable reference point for intellectual property scholars.
Key Features:
A leading author team
Wide-ranging jurisdictional coverage
Highly structured analysis for ease of navigation
Practical guidance on protecting trademarks and remedies for infringement
Chapter on use of Survey Evidence in U.S. dilution cases
Extensive discussion of the relationship between dilution and freedom of expression in the EU and U.S.
Reviews / Votes
'This is an impressive book. To my mind, it's the most comprehensive look at approaches to dilution around the world. It will be a great resource for anyone wanting a deep understanding of the concept and its application in different jurisdictions. It will certainly have a place on my shelf.' -- Mark P. McKenna, UCLA School of Law, US 'The work is a tour de force through the evolving law on Trademark Dilution. It provides valuable insights on the theory and practice of this developing area of trademark law globally through its in-depth treatment of the history, the statutory framework and the case law in key commercial countries by many of the leading practitioners in the field. It is an essential guide for today's practitioners.' -- Nadine H. Jacobson, Esq., Partner, Fross Zelnick Lehrman & Zissu, P.C., US 'Few know or have written more about the law of trademarks than Daniel Bereskin. Here he assembles a cast of well-known specialist lawyers and professors to discuss the law relating to trademark dilution and "free riding" across key jurisdictions in Europe, Asia, the Americas, Africa, Oceania, and the Middle East. Anyone seeking to understand this field better or needing practical guidance will find no better source than this highly readable comprehensive and authoritative work.' -- David Vaver, University of Oxford, UK and Osgoode Hall Law School, CanadaMore details
Series
Language
English
Place of publication
Cheltenham
United Kingdom
Target group
Professional and scholarly
Dimensions
Height: 244 mm
Width: 169 mm
ISBN-13
978-1-0353-1239-9 (9781035312399)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Person
Edited by Daniel R. Bereskin, C.M, K.C, Founding Partner, Bereskin & Parr LLP, Canada
Content
Contents:
Foreword xxxiii
Preface xxxv
Table of Cases xxxvii
Table of Laws and Rules li
PART I HISTORICAL OVERVIEW OF TRADEMARK DILUTION LAW
1 Overview of International Dilution Law 2
Daniel R. Bereskin
2 Historical Roots of European Dilution Law 10
Ilanah Fhima
3 The Evolution of Dilution Law in the United States from 1927 through 2006 (and a Few Months Beyond) 34
Jerre B. Swann
PART II TRADEMARK DILUTION LAW THROUGHOUT THE WORLD
4 Argentina 87
Jorge Otamendi
5 Australia 103
Odette Gourley
6 Brazil 128
Peter Dirk Siemsen and Rafael Atab
7 Canada 143
Daniel R. Bereskin
8 Chile 164
Rodrigo Velasco S.
9 China 174
Xuemin Chen
10 Trademark Dilution in the European Union 188
Charles Gielen
11 India 227
Dev S. Gangjee
12 Israel 247
Neil Wilkof and Narda Ben-Zvi
13 Japan 263
Kenneth L. Port, Yoshiyuki Tamura and Mary LaFrance
14 Republic of Korea (Korea) 279
Cheon-Woo Son and Angela Kim
15 Mexico 290
Roberto Arochi
16 Singapore 308
Elizabeth V. Cardoza and Gladys Mirandah
17 South Africa 324
Wim Alberts and Owen Salmon
18 Switzerland 340
Patrick Troller and Gallus Joller
19 United States Jurisprudence Following the Enactment of the Trademark Dilution Revision Act of 2006 353
Theodore H. Davis Jr
20 Survey Evidence in U.S. Dilution Cases 417
Gerald L. Ford and AnnaBelle Sartore
PART III TRADEMARK DILUTION LAW AND FREEDOM OF EXPRESSION
21 Unfair Advantage Law in the European Union 441
Ilanah Fhima and Sir Robin Jacob
22 Dilution and Freedom of Expression in Europe 467
Wolfgang Sakulin
23 The Impact of Freedom of Expression on Dilution Enforcement (and Vice Versa) in the United States 517
Anthony L. Fletcher and Kristen McCallion
Index 542
Foreword xxxiii
Preface xxxv
Table of Cases xxxvii
Table of Laws and Rules li
PART I HISTORICAL OVERVIEW OF TRADEMARK DILUTION LAW
1 Overview of International Dilution Law 2
Daniel R. Bereskin
2 Historical Roots of European Dilution Law 10
Ilanah Fhima
3 The Evolution of Dilution Law in the United States from 1927 through 2006 (and a Few Months Beyond) 34
Jerre B. Swann
PART II TRADEMARK DILUTION LAW THROUGHOUT THE WORLD
4 Argentina 87
Jorge Otamendi
5 Australia 103
Odette Gourley
6 Brazil 128
Peter Dirk Siemsen and Rafael Atab
7 Canada 143
Daniel R. Bereskin
8 Chile 164
Rodrigo Velasco S.
9 China 174
Xuemin Chen
10 Trademark Dilution in the European Union 188
Charles Gielen
11 India 227
Dev S. Gangjee
12 Israel 247
Neil Wilkof and Narda Ben-Zvi
13 Japan 263
Kenneth L. Port, Yoshiyuki Tamura and Mary LaFrance
14 Republic of Korea (Korea) 279
Cheon-Woo Son and Angela Kim
15 Mexico 290
Roberto Arochi
16 Singapore 308
Elizabeth V. Cardoza and Gladys Mirandah
17 South Africa 324
Wim Alberts and Owen Salmon
18 Switzerland 340
Patrick Troller and Gallus Joller
19 United States Jurisprudence Following the Enactment of the Trademark Dilution Revision Act of 2006 353
Theodore H. Davis Jr
20 Survey Evidence in U.S. Dilution Cases 417
Gerald L. Ford and AnnaBelle Sartore
PART III TRADEMARK DILUTION LAW AND FREEDOM OF EXPRESSION
21 Unfair Advantage Law in the European Union 441
Ilanah Fhima and Sir Robin Jacob
22 Dilution and Freedom of Expression in Europe 467
Wolfgang Sakulin
23 The Impact of Freedom of Expression on Dilution Enforcement (and Vice Versa) in the United States 517
Anthony L. Fletcher and Kristen McCallion
Index 542