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Trade Mark Dilution in Europe and the United States (Hardcover, New)
Loot Price: R8,230
Discovery Miles 82 300
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Trade Mark Dilution in Europe and the United States (Hardcover, New)
Expected to ship within 12 - 19 working days
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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.
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