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Trade Marks and Brands
An Interdisciplinary Critique

$67.00 (C)

Part of Cambridge Intellectual Property and Information Law

Lionel Bently, David Higgins, Jennifer Davis, Jane C. Ginsburg, Alan Durant, Graeme Dinwoodie, Jonathan Schroeder, David Vaver, Celia Lury, Catherine Ng, Andrew Griffiths, Jonathan Aldred, Dominic Scott, Alex Oliver, Miguel Ley Pineda, Michel Spence, James Leach, Megan Richardson, Bronwyn Parry, Dev Gangjee
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  • Date Published: March 2011
  • availability: Available
  • format: Paperback
  • isbn: 9780521187923

$ 67.00 (C)

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About the Authors
  • Developments in trade marks law have called into question a variety of basic features, as well as bolder extensions, of legal protection. Other disciplines can help us think about fundamental issues such as: what is a trade mark? What does it do? What should be the scope of its protection? This volume assembles essays examining trade marks and brands from a multiplicity of fields: from business history, marketing, linguistics, legal history, philosophy, sociology and geography. Each chapter pairs lawyers' and non-lawyers' perspectives, so that each commentator addresses and critiques his or her counterpart's analysis. The perspectives of non-legal fields are intended to enrich legal academics' and practitioners' reflections about trade marks, and to expose lawyers, judges and policy-makers to ideas, concepts and methods that could prove to be of particular importance in the development of positive law.

    • The first interdisciplinary discussion of trade marks and brands
    • Each chapter matches a lawyer with a contributor from another discipline, ensuring that the non-lawyers have a good understanding of legal technicalities, and that the insights from different disciplines for law are assessed by legal commentators
    • Extensive bibliography offers a basis for future research
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    Reviews & endorsements

    Review of the hardback: The past two decades have witnessed an explosion of research into the very ontological foundations of trade mark law. Few books however have tried to venture systematically into the heart of the legal beast to construct a truly comprehensive view of what the nature and function of trade marks are and the scope of their legal protection as Trade Marks and Brands: an Interdisciplinary Critique does. The book draws on a number of aspects of trade mark law, namely legal and business history, marketing, linguistics, philosophy, sociology and geography, giving different flavours to the law. The originality of the book lies not only in the fact that it brings these different aspects together, but also in allowing each commentator to address and critique their counterpart's analysis. The book is primarily aimed at lawyers, non-lawyers and policy-makers and assumes that the reader is already up to speed on the subject.' Book Reviews

    Review of the hardback: 'The editor's claim in the preface of the uniqueness of this work, on the basis of the broad, inter-related range of contributions, is largely justified. Throughout this volume, contributors bear in mind that legislation is inevitably behind constantly-evolving developments and draw readers into considering the challenges ahead. This work will no doubt be useful to scholars and students as well as to non-specialists wishing to broaden their knowledge on the subject.' World Intellectual Property Organisation Magazine

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    Product details

    • Date Published: March 2011
    • format: Paperback
    • isbn: 9780521187923
    • length: 472 pages
    • dimensions: 229 x 152 x 24 mm
    • weight: 0.63kg
    • availability: Available
  • Table of Contents

    Part I. Legal and Economic History:
    1. The making of modern trade mark law: the construction of the legal concept of trade mark (1860–1980) Lionel Bently
    2. The Making of modern trade mark law: the UK, 1860–1914. A business history perspective David Higgins
    Part II. Current Positive Law in the E.U. and the US:
    3. Between a sign and a brand: mapping the boundaries of a registered trade mark in European Union trade mark law Jennifer Davis
    4. “See me, feel me, touch me, hea[r] me” (and maybe smell and taste me too): I am a trademark - a US perspective Jane C. Ginsburg
    Part III. Linguistics:
    5. 'How can I tell the trade mark on a piece of gingerbread from all the other marks on It?' Naming and meaning in verbal trade mark signs Alan Durant
    6. What linguistics can do for trade mark law Graeme Dinwoodie
    Part IV. Marketing:
    7. Brand culture: trade marks, marketing and consumption Jonathan Schroeder
    8. Images in brand culture: responding legally to Professor Schroeder's paper David Vaver
    Part V. Sociology:
    9. Trade mark style as a way of fixing things Celia Lury
    10. The irrational lightness of trade marks: a legal perspective Catherine Ng
    Part VI. Law and Economics:
    11. A law and economics perspective on trade marks Andrew Griffiths
    12. The economic rationale of trademarks: an economist's critique Jonathan Aldred
    Part VII. Philosophy:
    13. Trade marks as property: a philosophical perspective Dominic Scott, Alex Oliver and Miguel Ley Pineda
    14. An alternative approach to dilution protection: a response to Scott, Oliver and Ley Pineda Michel Spence
    Part VIII. Anthropology:
    15. An anthropological approach to transactions involving names and marks, drawing on Melanesia James Leach
    16. Traversing the cultures of trade mark sphere: observations on the anthropological approach of James Leach Megan Richardson
    Part IX. geography:
    17. Geographical indications: not all champagne and roses Bronwyn Parry
    18. (Re)locating geographical indications: a response to Bronwyn Parry Dev Gangjee.

  • Editors

    Lionel Bently, University of Cambridge

    Jennifer Davis, University of Cambridge

    Jane C. Ginsburg, Columbia University, New York


    Lionel Bently, David Higgins, Jennifer Davis, Jane C. Ginsburg, Alan Durant, Graeme Dinwoodie, Jonathan Schroeder, David Vaver, Celia Lury, Catherine Ng, Andrew Griffiths, Jonathan Aldred, Dominic Scott, Alex Oliver, Miguel Ley Pineda, Michel Spence, James Leach, Megan Richardson, Bronwyn Parry, Dev Gangjee

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