Trademark Protection and Freedom of Expression

Trademark Protection and Freedom of Expression

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The interpretation of provisions regulating the grant and revocation of trademark rights in light of freedom of expression; and o the interpretation of the scope of protection and the limitations of trademark rights in light of freedom of expression. In effect, the analysis serves to expand the focus of legislators, courts, and trademark registering authorities from the interests of trademark right holders, who seemingly are granted ever more protection, to the justified interests of third parties. The critical analysis of existing trademark law leads the author to clearly identify the areas of trademark law in which the law needs to be reinterpreted and the areas in which legislative action should be taken, with recommendations for a number of limitations that should aid legislators in drafting concrete amendments. The new insights and imperatives provided by this book are sure to prove useful to both courts interpreting existing provisions of trademark laws and to legislators who are faced with the challenges of drafting new rules or revising existing laws.the genus or type of a good or service like a#39;APPLEa#39; for apples or a#39;BSSa#39;, known in specialist circles as the indication for optometric salt ... products like a#39;BRAVOa#39;, 6 a#39; BONUSa#39;, 7 or slogans like a#39;Best Buya#39; for consumer goods; they also provide information to consumers. ... the interest springing from the freedom of commercial expression is very similar to the interest protected by a freedom of competition.

Title:Trademark Protection and Freedom of Expression
Author:Wolfgang Sakulin
Publisher:Kluwer Law International - 2011


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