Contemporary analysis of trademark rights rests on the premise that consumer confusion constitutes the primary, if not the sole, rational basis of protection. Dilution theory has gradually come to be considered an almost undesired exception to the general rule of confusion-based liability and...

There is no doubt that the doctrine of exhaustion of trade mark rights is of grave economic importance. It allows consumers to enjoy the benefits of free trade on goods already placed on the market with the trade mark proprietor’s consent and promotes competition in the collateral markets for...

This paper examines the adverse effect of patent ambushing on competitive conditions resulting in the distortion of the standardization process in markets where the effectiveness of competition relies heavily on standardization. The US Rambus litigation serves as a point of departure. In this...

Traditionally, trade mark theory has been reluctant to protect advertising value from appropriation by third parties. Various justifications for this proposition have been put forward, most notably the free-riding theory associated with overbroad trade mark monopolies, the ethical condemnation...