Trademark and Unfair Competition Conflicts
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.
- The first and only comprehensive comparison of common law and civil law in the field (US and EU), and the first and only analysis of international trademark and unfair competition conflicts written in English
- The product of a truly 'hybrid' jurist, trained in the civil-law tradition, but who has studied, done research, and practiced law in common-law jurisdictions for many years
- The book is a 'habilitation' thesis, which is aimed at fundamental research and still provides for practically applicable results
- This title is available as Open Access
Reviews & endorsements
'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, Journal of Parliamentary and Political Law
Product details
- Published: February 2017
- Format: Adobe eBook Reader
- ISBN: 9781316876329
- Length: 0 pages
- Weight: 0kg
- Contains: 2 b/w illus.
- Availability: This ISBN is for an eBook version which is distributed on our behalf by a third party.
Table of Contents
- Acknowledgments
- Table of cases
- List of abbreviations
- Introduction
- 1. Civil-law history - Germany and Europe
- 2. Common-law history - United States
- 3. A ragged landscape of theories
- 4. Substantive policy - convergent foundations
- 5. International comity - a doctrine of self-restraint
- 6. Reconceptualization, reinterpretation, and typology
- Appendix A
- Appendix B
- Bibliography
- Index.
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