Fuss Over Function

9 Pages Posted: 7 Jan 2017

Date Written: December 29, 2016


This essay is meant to be enjoyable and engaging. It involves some role-play on your part; just a little. Hopefully as well there is enough seriousness to go round, but not too much of that either.

To achieve this delicate balance – and in the sometimes dry plains of trademark and trademark law – I have tried to weave a familiar legal discussion into a festive setting. Hence, I stage an office IP party and place it (and the legal discussion) loosely in the ‘happiest’ of settings, Denmark, and at Christmas time (well, just after). A promising start, perhaps.

What emerges is a look at the main characters at ‘IP-World’ (where you work), and a special focus on trademark law through the office party. From there, you seek some counsel.

The office party piece (Part I) is an entry point into a fuller discussion (which begins in Part II); hence acting as aperitif to a main course. (For those readers somehow finding this essay without the help of IPKat’s mitts, you will need to attend the Christmas party in Part I, otherwise Part II will not make as much sense as I intend. Readers who have has the misfortune to attend the office IP party already via the IPKat on 29 December 2016 may wish to skip directly to the main course.)

An overall aim I have is to engage with readers interested in trademark matters and not only those concerned mainly with European affairs or specialists in the field. I hope to spark a temporarily reflective mood of what is important (as I do at this time of year) and a look ahead in bright mood to how the future might pan out (as I try to do at this time of year). It might be that this essay can be compared to Christmas: festive and fun at the surface, with a sober side beneath all the decoration. This essay’s content and style comprises an informal, non-technical, tongue-in-cheek, ever-so slight bee-in-the-bonnet swipe – regards trademark law, and certainly is meant not only for ‘trade-markers’. (Although some prior knowledge of some core aspects has been assumed.) It might go without saying for any contemplative account of trademark law, but what comes below is an inherent work-in-progress, and hence labelled ‘Draft’. Moreover, this precise point, and my intended wider audience, also helps explain the inclusion of this essay on SSRN.

Note: This draft essay has not been reviewed. Thus, any comments on its form and function are welcome, either via the IPKat post or direct with the author at mels@law.au.dk. Any errors are those of the author. Above all, and just to reiterate my initial remark, I really do hope readers enjoy and engage.

Keywords: trademark, trademark law, IP, function, office party

Suggested Citation

Elsmore, Matthew, Fuss Over Function (December 29, 2016). Available at SSRN: https://ssrn.com/abstract=2891452

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