The doctrines of trademark genericism and functionality serve similar functions under the Lanham Act and the common law of unfair competition. Genericism, in the context of word marks, and functionality, for trade dress, bar trademark registration under the Lanham Act and, both under the Act and...

The Trademarks Act, 1999 through Section 30 contain specific provisions dealing with the exhaustion of rights, the courts have granted injunctions preventing parallel imports of trademark goods. A common feature of these suits have been not the violation of the Trademark Act but the allegation...

The objective of this paper is to provide an overview of the law in relation to domain name disputes involving trademarks that applies in Australia. Generally the focus of this paper will be confined to consideration of domain names ending with the .au suffix. An overview of the rights...

China's accession to the World Trade Organization (WTO) and the conclusion of the Closer Economic Partnership Arrangement (CEPA) have aroused debates regarding the treatment of parallel imported goods in both Hong Kong and China. This article reviews the law and policy concerning parallel...

All good 'cyberlawyers' know that in the late 1990s, legal and regulatory measures were adopted, both at the domestic and international level to address the then-growing problem of 'cybersquatting': that is, the registration of often multiple domain names corresponding to valuable corporate...

The pharmaceutical market in Europe, in its present circumstances, is not organized according to the principles of free trade to which other products are subjected. Under this situation, the owners of trade-marks have tried to develop price and market strategies consistent with their interests...

The paper analyzes parallel imports, or goods traded without the authorization of a trademark owner. Parallel imports have multiple causes, including vertical price control, which the authors model. A manufacturer selling its product through an independent agent sets the wholesale price...

Contract inflexibility seems to stem from two motivations: the urge to control the future, and a quest to improve economic efficiency. In thinking about whether and how contract inflexibility might be reduced, those human motivations must be taken into account. Reforms aimed at greater...