Trade Marks and Brands An Interdisciplinary Critique 1st Edition by Lionel Bently, Jennifer Davis, Jane Ginsburg 0511410077 9780521889650

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Product details:

ISBN 10: 0511410077 

ISBN 13: 9780521889650

Author: Lionel Bently, Jennifer Davis, Jane C. Ginsburg

Developments in trade marks law have called into question a variety of basic features, as well as bolder extensions, of legal protection. Other disciplines can help us think about fundamental issues such as: what is a trade mark? What does it do? What should be the scope of its protection? This volume assembles essays examining trade marks and brands from a multiplicity of fields: from business history, marketing, linguistics, legal history, philosophy, sociology and geography. Each chapter pairs lawyers’ and non-lawyers’ perspectives, so that each commentator addresses and critiques his or her counterpart’s analysis. The perspectives of non-legal fields are intended to enrich legal academics’ and practitioners’ reflections about trade marks, and to expose lawyers, judges and policy-makers to ideas, concepts and methods that could prove to be of particular importance in the development of positive law

Table of contents:

Part I: Legal and Economic History
1. The making of modern trade mark law: the construction of the legal concept of trade mark (1860–1880) – Lionel Bentley
2. The making of modern trade mark law: the UK, 1860–1914. A business history perspective – David M. Higgins

Part II: Current Positive Law in the EU and the USA
3. Between a sign and a brand: mapping the boundaries of a registered trade mark in European Union trade mark law – Jennifer Davis
4. “See me, feel me, touch me, hea[r] me” (and maybe smell and taste me too): I am a trademark – a US perspective – Jane C. Ginsburg

Part III: Linguistics
5. ‘How can I tell the trade mark on a piece of gingerbread from all the other marks on it?’ Naming and meaning in verbal trade mark signs – Alan Durant
6. What linguistics can do for trademark law – Graeme B. Dinwoodie

Part IV: Marketing
7. Brand culture: trade marks, marketing and consumption – Jonathan E. Schroeder
8. Responding legally to Professor Schroeder’s paper – David Vaver

Part V: Sociology
9. Trade mark style as a way of fixing things – Celia Lury
10. The irrational lightness of trade marks: a legal perspective – Catherine W. Ng

Part VI: Law and Economics
11. A Law-and-Economics perspective on trade marks – Andrew Griffiths
12. The economic rationale of trade marks: an economist’s critique – Jonathan Aldred

Part VII: Philosophy
13. Trade marks as property: a philosophical perspective – Dominic Scott, Alex Oliver and Miguel Ley-Pineda
14. An alternative approach to dilution protection: a response to Scott, Oliver and Ley-Pineda – Michael Spence

Part VIII: Anthropology
15. An anthropological approach to transactions involving names and marks, drawing on Melanesia – James Leach
16. Traversing the cultures of trade marks: observations on the anthropological approach of James Leach – Megan Richardson

Part IX: Geography
17. Geographical Indications: not all ‘champagne and roses’ – Bronwyn Parry
18. (Re)Locating Geographical Indications: a response to Bronwyn Parry – Dev Gangjee

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Tags: Lionel Bently, Jennifer Davis, Jane Ginsburg, Interdisciplinary