This chapter summarises the key features of trade mark protection regimes, drawing primarily on EU and US materials to illustrate the underlying legal issues. It also outlines the principal allied rights; namely: (i) Unfair Competition; (ii) Passing Off; (iii) Publicity Rights; (iv) Geographical...

It has been almost five years since the changes were last made to the Trademark Directive back in 2008. The latest proposals for the reform the EU Trademark Regulation does not propose a major overhaul, but rather updates the current EU trademark framework and address the inconsistencies that...

This chapter for the Cambridge Handbook on Comparative and International Trademark Law compares the doctrinal strategies deployed by the European Union and United States to serving the anti-misappropriation impulse in trademark law. While the EU's enforcement regime openly embraces...

Until relatively recently, there was a stable consensus: trade mark law had nothing to do with innovation. This consensus was based on the origin indicating function of trade marks. There is no requirement for either the sign or the underlying product to be innovative and many protected marks...

The old territorial understandings of jurisdiction need to be reconsidered when attempting to arrive at an international standard for trademark protection. Because goods flow in a market, which has become truly international, the laws that protect the indications of source or origin used on or...