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Publisher:
Cambridge University Press
Online publication date:
February 2017
Print publication year:
2017
Online ISBN:
9781316651285
Creative Commons:
Creative Common License - CC Creative Common License - BY Creative Common License - NC Creative Common License - ND
This content is Open Access and distributed under the terms of the Creative Commons Attribution licence CC-BY-NC-ND 4.0 https://creativecommons.org/creativelicenses

Book description

With the rise of internet marketing and e-commerce around the world, international and cross-border conflicts in trademark and unfair competition law have become increasingly important. In this groundbreaking work, Tim Dornis - who, in addition to his scholarly pursuits, has worked as an attorney, a public prosecutor, and a judge, giving him experience in both civil and common-law jurisdictions - presents the historical-comparative, doctrinal, and economic aspects of trademark and unfair competition conflicts law. The book should be read by any scholar or practitioner interested in the international aspects of intellectual property generally, and trademark and unfair competition law specifically. This title is available as Open Access.

Awards

Short-listed, 2018 Private Law Prize, St Petersburg International Legal Forum

Reviews

'Tim W. Dornis' work is a landmark! It makes available a wealth of German and European sources to common lawyers and of US sources to civil lawyers. It may incite Europeans to rethink whether the emperor's new clothes (i.e. trademarks as IP rights under the country-of-protection principle) are really that stunning. Lastly - and certainly not least - it looks at whether trademark infringements on the internet should call for some international harmonization of the self-restraint requirement.'

Jochen Glöckner Source: Journal of Parliamentary and Political Law

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Contents

Full book PDF
  • Trademark and Unfair Competition Conflicts
    pp i-i
  • Cambridge Intellectual Property and Information Law - Series page
    pp ii-ii
  • Copyright page
    pp iv-iv
  • Dedication
    pp v-vi
  • Contents
    pp vii-xiv
  • Acknowledgments
    pp xv-xvi
  • Abbreviations
    pp xvii-xxvii
  • Table of Cases
    pp xxviii-lii
  • Introduction
    pp 1-5
  • 1 - Civil Law History
    pp 6-75
  • Germany and Europe
  • 2 - Common Law History
    pp 76-189
  • United States
  • 3 - A Ragged Landscape of Theories
    pp 190-272
  • 4 - Substantive Policy
    pp 273-380
  • Convergent Foundations
  • 5 - International Comity
    pp 381-490
  • A Doctrine of Self-Restraint
  • 6 - Reconceptualization, Reinterpretation, and Typology
    pp 491-571
  • Appendices
    pp 572-582
  • Appendix A - Case Selection and Coding
    pp 572-575
  • Appendix B - Case list (Steele progeny)
    pp 576-582
  • Bibliography
    pp 583-636
  • Index
    pp 637-644
  • Cambridge Intellectual Property and Information Law - Series page
    pp 645-646

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