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, tarnishing 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 defenses, 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 Definitive Guide to Valuing Hard-to-Value Companies: Fully Revised for Today's Financial Markets Valuing money-making companies that have long histories and established business models is straightforward. It is when you encounter difficult-to-value companies that you feel the urge to go over to the dark side of valuation-where you abandon first principles and create new metrics. Aswath Damodaran looks at a range of these companies, from start-ups in new businesses to distressed companies, from banks facing regulatory turmoil to commodity firms, and from emerging market upstarts to multinationals that spread across geographies and businesses. With each grouping, he helps you examine the call of the dark side and its practices and frameworks to value these firms. To answer these questions, Aswath looks at companies across the life cycle and in different markets, from Uber and Shake Shack at one end of the spectrum to Vale, Royal Dutch, and United Technologies at the other end. In the process, you learn how to Deal with "abnormally low" and negative risk-free rates in valuation Adapt to dynamic and changing risk premiums Value young companies that are disrupting existing businesses Analyze commodity and cyclical companies across cycles Value a company as the sum of its parts or as an aggregation of its users/subscribers and customers Determine the difference between pricing and valuation, and why some investments can only be priced

International Intellectual Property: A Handbook of Contemporary Research aims to provide researchers and practitioners of international intellectual property law with the necessary tools to understand the latest debates in this incredibly dynamic and complex field. The book combines doctrinal analysis with ground-breaking theoretical research by many of the most recognized experts in the field. At its core, it offers overviews of the structure and content of the two instruments that can undoubtedly be considered historically as the most important intellectual property treaties, namely the Berne Convention on the Protection of Literary and Artistic Works and the Paris Convention on the Protection of Industrial Property. Several chapters also discuss parts of the TRIPS Agreement. This important book will prove a valuable resource for students and academics of international intellectual property wishing to obtain useful knowledge of current issues such as conflicts between intellectual property (especially patents and trademark) rights, geographical indications, protection of luxury brands, orphan works and innovation. Contributors: P. Baechtold, I. Calboli, K. de la Durantaye, G.B. Dinwoodie, R.C. Dreyfus, S. Frankel, C. Geiger, D.J. Gervais, J. Ginsburg, S.F. Halabi, E.F. Judge, T. Miyamoto, C.A.M. Mulder, L.P. Ramsey, S. Ricketson, G.R. Scott, M. Senftleben, H. Sun, P.K. Yu

This collection of essays celebrates the life and work of Peter Birks, who was Regius Professor of Civil Law at the University of Oxford, and Fellow of All Souls College. Widely known as one of the most prolific legal scholars for over twenty years, his contribution to English obligations law is legendary. He was Founder of the Clarendon Law Lectures, editor of the Clarendon Law Series, editor of the Oxford English Law Series, and author of several works on the English law of restitution, comparative restitution, and unjust enrichment. This works in this volume cover the English law of unjust enrichment and restitution, comparative perspectives on unjust enrichment and restitution, Roman law, and legal history, reflecting the range on Peter Birks' work and influence. As one of the most distinguished academic lawyers of his generation Peter Birks' contribution to legal scholarship grew to be recognised as one of the most outstanding by a British jurist in the second half of the twentieth century. This collection attempts to acknowledge and pay tribute to Peter Birks' work.

There has been much written on the impact of international treaties like the Trade Related Aspects on Intellectual Property (TRIPS), which laments the failure of patent systems to respond to the interests of a diverse set of non-profit, public interest, and non-corporate entities. This book examines how patent law can accommodate what James Boyle terms a "politics," that is, "a conceptual map of issues, a rough working model of costs and benefits, and a functioning coalition-politics of groups unified by common interests perceived in apparently diverse situations."

A Politics of Patent Law provides a substantive account of the ways in which various types of participatory mechanisms currently operate in patent law, and examines how these participatory mechanisms can be further developed, particularly within a regional and international context. In exploring this, Murray highlights the emergence of constitutional law in international intellectual property law as being at the centre of the patent bargain and goes so far as to argue that the constitutional tradition in intellectual property law is as important as TRIPS. Ultimately, the book sets forth a "tool-box" of participatory mechanisms which would allow for, and foster third party participation in the patent process. This book will be of particular interest to academics, students and practitioners in the field of IP Law.

This textbook uses cases in family law to illustrate both traditional philosophical problems in the law as well as problems that are unique to family law. In the beginning chapters family law cases are employed to introduce the reader to philosophical debates about the relationship between law and morals, about how one ought to interpret the U.S. Constitution and its amendments, about the conditions under which individual liberty is justifiably limited by law, about the justification of punishment, and about the justification of remedies and standards of care in determining negligence in tort cases. Later chapters are devoted to contemporary issues unique to family law, including justifiable limits of access to marriage, alternatives to marriage, the rights of children, child custody disputes involving surrogate births, quasi-property disputes involving custody of frozen embryos, and the justifiable limits of the right not to procreate. The book reflects current movements, contemporary debates, and recent research on the philosophical problems in family law.

The law of trusts is a subject of considerable importance in the Commonwealth Caribbean. Traditional areas, such as testamentary trusts, resulting and constructive trusts, and charitable trusts, are now fully incorporated into the mainstream substantive law of the region, while the principles associated with offshore trust regimes are constantly expanding and developing. This book has been updated to reflect new case law and legislation, and to highlight recent trends relating to both traditional and offshore trusts.

The growing presence of technology has created significant changes within the healthcare industry. With the ubiquity of these technologies, there is now an increasing need for more advanced legal procedures. Patent Law and Intellectual Property in the Medical Field is a pivotal reference source for the latest research in support of developing convergent and interoperable systems to increase awareness and applicability of legal aspects in the medical field. Featuring extensive coverage on relevant areas such as compulsory licensing, parallel importing, and protection law, this publication is an ideal resource for researchers, medical and law professionals, academics, graduate students, and practitioners engaged in medical practice.

Deciding Children's Futures addresses the thorny task of how to assess parents and children who belong to struggling families where there are issues of neglect or significant harm, and when separating parents are contesting arrangements for the care of their children. This is a practitioner's guide: it discusses how to create relationships that are capable of breaching natural parental defences to assessment; the importance of keeping an open mind, how to ask questions that fathom people's experiences, and how to develop understanding of their histories, narratives, worries, hopes and fears. Joyce Scaife's approach draws on practice knowledge, theory and research findings with a view to integrating the accounts of parents and children with safeguarding imperatives and government guidance, thereby enabling professionals to make informed decisions designed to impact positively on children's futures. This accessible and comprehensive book will be of great interest to 'expert' witnesses, practising social workers, children's guardians, solicitors, barristers, magistrates and mental health professionals. Joyce Scaife is a clinical psychologist with over 15 years of experience in carrying out assessments for the family court. She is former Director of Clinical Practice for the Doctor of Clinical Psychology training course at the University of Sheffield.

Fully updated with the latest legal developments, Contract Law is your essential guide to the life of a contract. It covers all stages of the process, from negotiation and formation, through its possible modification to the ending of a contract including a thorough examination of available remedies. Offering a modern, engaging account of all aspects of contract law, this new edition will give you a clear understanding of the legal principles which underpin the contractual process.

First published in 1984, this book made an important and timely contribution to the development of the idea that the law is a major source of women's oppression. Based on research of the theory and practice of family law, it examines the way in which private law operates to sustain, reproduce and reinforce the dependence of women in the most private of spheres, namely marriage. The author focuses on the point of break down or divorce, where the economic vulnerability of women caused by marriage and the sexual division of labour is most clearly expressed. She points to the way in which the law, while mitigating the worst excesses of men's power over women in marriage, has consistently failed to tackle the economic structure of marriage and women's fundamental material vulnerability inside the family. She confronts various myths on divorce legislation in Britain and discusses alternative feminist proposals for tackling the problems caused by women's economic dependence in marriage. Although Smart writes in 1984, many of the issues she discusses retain their significance in today's society.

Having explored multifaceted issues of IPR enforcement, this book argues that IPR enforcement problem is not an actual outcome of Confucian philosophy and "to steal a book" is not an "elegant offence." This book demonstrates that counterfeiting and piracy are common inevitable consequences of inadequate economic development and a by-product of a unique set of socioeconomic crises deriving from the development of a dysfunctional institutional regime. By examining areas of compatibilities between European and Chinese cultures and analysing painful lessons from the US-China negotiations over IPR protection, this book uses the prism of EU-China trade relations to suggest ways to reconcile the minimum standards of TRIPs Agreement and the specific conditions of particular states, and provide insight into the unresolved issues as to how and when China s WTO commitments will be implemented. "

The Estates Gazette Law Reports are an indispensable reference for property law practitioners researching and advising on all aspects of landlord and tenant law, valuation, professional negligence, conveyancing, real property, leasehold enfranchisement and compensation. They comprise the law reports published in the Estates Gazette plus new and original cases published for the first time in EGLR. Each volume includes the most significant property cases determined in any given year. Published over three volumes each year and edited by HH Judge Hazel Marshall QC, they conveniently summarize key current property cases.

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.

Equity - the body of law developed in the English Court of Chancery - has a long and distinguished history. In the 21st century, it continues to be an important regulator of both commercial and personal dealings, as well as informing statutory regulation. Although much equitable doctrine is settled, there remain some intractable problems that bedevil lawyers across jurisdictions. The essays in this collection employ new historical, comparative, and theoretical perspectives to cast light on these fault lines in equitable doctrine and methodology. Leading scholars and practitioners from England, Australia, and New Zealand examine such contentious topics as: personal and proprietary liability for breaches of equitable duties (including fiduciary duties) * the creation of non-express trusts * equitable rights in insolvency * the fiduciary 'self dealing' rule * clogs on the equity of redemption * the distribution of assets on family breakdown * the suitability of unjust enrichment analysis. The book addresses specific doctrinal questions, as well as the 'meta' issues of organization and methodology, and the findings will be of value to academics and practitioners alike. (Series: Hart Studies in Private Law - Vol. 1)

Forensic Mental Health Professionals have entered the fray of child custody litigation in ways that could not have been predicted even a decade ago. Traditionally engaged as neutral court appointed evaluators or mediators, or as treatment providers for children, parents or families, FMHPs are assuming a range of consulting functions. Services span a wide range, including providing expert testimony on specific content areas; reviewing and critiquing colleague 's work product; providing behind the scenes consultation to attorneys, and even help attorneys manage difficult cases and clients. These more recent services raise questions about sound professional practice. This volume tackles these thorny issues head on, and discusses questions how consultants can work creatively and ethically to make a positive contribution in the challenging world of family law.

This book was originally published as a special issue of Journal of Child Custody.

This edited volume is a comprehensive examination of the legal framework in which environmental policy is fashioned in the major English-speaking federations-the United States, Canada, and Australia. The need for national solutions to environmental problems emerged long after the largest share of governmental power was allotted to states or provinces. This volume attempts to solve the paradox of how a country can have effective laws protecting the environment, vigorously enforced, when legislative and administrative powers are divided between two tiers of government. The contributors analyze environmental lawmaking along three dimensions. Part I describes the formal constitutional allocation of powers between states or provinces and the federal government, concluding that on paper environmental protection is essentially a local responsibility, although the reality is far different. In Part II the contributors explore the extent to which governments resort to informal negotiations among themselves to resolve environmental disputes. Part III is a thorough canvassing of the judiciary's role in making environmental policy and resolving disputes between levels and branches of government. In Australia and Canada, the courts play a relatively less important role in formulating policy than in the United States. In conclusion, the work shows that the level of environmental protection is relatively high in these three federations. Environmental politics, the work suggests, may be less divisive in federations than in unitary systems with comparable levels of development.

"Changing Concepts of Contract" is a prestigious collection of essays that re-examines the remarkable contributions of Ian Macneil to the study of contract law and contracting behaviour.
Ian Macneil, who taught at Cornell University, the University of Virginia and, latterly, at Northwestern University, was the principal architect of relational contract theory, an approach that sought to direct attention to the context in which contracts are made. In this collection, nine leading UK contract law scholars re-consider Macneil's work and examine his theories in light of new social and technological circumstances. In doing so, they reveal relational contract theory to be a pertinent and insightful framework for the study and practice of the subject, one that presents a powerful challenge to the limits of orthodox contract law scholarship.
In tandem with his academic life, Ian Macneil was also the 46th Chief of the Clan Macneil. Included in this volume is a Preface by his son Rory Macneil, the 47th Chief, who reflects on the influences on his father's thinking of those experiences outside academia.
The collection also includes a Foreword by Stewart Macaulay, Malcolm Pitman Sharp Hilldale Professor Emeritus at the University of Wisconsin-Madison, and an Introduction by Jay M Feinman, Distinguished Professor of Law at Rutgers School of Law.

Intellectual property rights and their overlaps are considered in light of rights purposes, relying on the concept of a balance of rights as the measuring rod for assessment of the consequences resulting from the exercise of overlapping rights. Identifying the complex interface between different types of intellectual property rights, this book discusses the use of these rights and their effect on a diverse group of stakeholders, from individual users of e-books to large corporations operating search engines on the internet.
The book suggests solutions to potentially objectionable uses of overlapping rights in an attempt to provide judiciary and law practitioners with an analytical framework for resolving disputes of overlaps in the intellectual property system. In doing so, the author investigates how use of intellectual property rights associated with one segment of the system can affect the carefully crafted balance of rights held by various stakeholders in an overlapping segment. In particular, the book suggests that a properly construed doctrine of misuse of intellectual property rights would provide an adequate response to the challenge posed by improper use of overlapping intellectual property
rights.
This book is of particular interest to law practitioners, managers in advanced technology and media industries, academics, and university students who work with or analyze intellectual property and new technologies.

The Estates Gazette Law Reports are an indispensable reference for property law practitioners researching and advising on all aspects of landlord & tenant law, valuation, professional negligence, conveyancing, real property, leasehold enfranchisement and compensation. Published over three volumes each year and edited by HH Judge Hazel Marshall QC, they conveniently summarise key current property cases.