Showing 1 - 10 of 16
Comparative advertising is a daily phenomenon in the modern landscape of commercial communication. Interestingly, however, a deep dichotomy exists between the American legal doctrine on comparative advertising and its European counterpart. Whereas American lawyers have cultivated a rather...
Persistent link: https://www.econbiz.de/10011616232
Regarding trademarks, the EU and US regulate comparative advertising differently. One particular matter of significant difference is whether or not competitors are allowed to say they offer an imitation or replica of a trademarked product. In the US, competitors may claim equality of their...
Persistent link: https://www.econbiz.de/10010478934
Comparative advertising is a daily phenomenon in the modern landscape of commercial communication. Interestingly, however, a deep dichotomy exists between the American legal doctrine on comparative advertising and its European counterpart. Whereas American lawyers have cultivated a rather...
Persistent link: https://www.econbiz.de/10011538186
The present chapter analyses the interpretation of what is a “grossly unreasonable” unilateral determination of price or other contract terms under Art 74 of the draft CESL. This analysis is carried out in a comparative perspective, taking into account German and Dutch law, the PECL, and the...
Persistent link: https://www.econbiz.de/10012953726
Comparative advertising is a daily phenomenon in the modern landscape of commercial communication. Interestingly, however, a deep dichotomy exists between the American legal doctrine on comparative advertising and its European counterpart. Whereas American lawyers have cultivated a rather...
Persistent link: https://www.econbiz.de/10012953908
The abyss between modern American and traditional European conflicts law has always been steep. Much ink has been spilled over the question whether choice of law should give regard to state interests and substantive policies (as in the United States) or whether it should remain a discipline of...
Persistent link: https://www.econbiz.de/10012953909
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...
Persistent link: https://www.econbiz.de/10012854141
This paper analyses current European and US trademark law on the issue of colour-mark protection, shedding light on the structural foundations, the policies at play, and the practical problems. It proposes a test for competitive necessity as a regulatory instrument to keep colour-mark protection...
Persistent link: https://www.econbiz.de/10013238003
The concept of FRAND licensing has been widely debated for years. It is not an exaggeration to call the stream of scholarly papers a flood. And since 2015, the Court of Justice of the European Union and many national courts have weighed in as well. Yet notwithstanding the apparent abundance of...
Persistent link: https://www.econbiz.de/10012831176
Regarding trademarks, the EU and US regulate comparative advertising differently. One particular matter of significant difference is whether or not competitors are allowed to say they offer an imitation or replica of a trademarked product. In the US, competitors may claim equality of their...
Persistent link: https://www.econbiz.de/10010440765