The Uniqueness of the Trade Mark: A Critical Analysis of the Specificity and Territoriality Principles

(2016) 38(11) E.I.P.R. 678-686

9 Pages Posted: 22 Apr 2017 Last revised: 9 May 2017

See all articles by Danny Friedmann

Danny Friedmann

Peking University School of Transnational Law; Peking University School of Transnational Law

Date Written: January 1, 2016

Abstract

This article advances three interrelated propositions that can stimulate fair competition. It first explores the gradual decoupling of the trade mark from goods or services, then investigates the coupling of the extension of trade mark use to protection against confusion, dilution and free-riding. The article continues by researching the decoupling of protection against dilution from fame or reputation, and then combines these propositions, with reference to the legislation and case law in the US and EU, before providing conclusions.

Keywords: Competition law, Confusion, Dilution, Passing off, Trade marks, Trademarks

JEL Classification: K10, K11, K19, K39, K40, O30

Suggested Citation

Friedmann, Danny, The Uniqueness of the Trade Mark: A Critical Analysis of the Specificity and Territoriality Principles (January 1, 2016). (2016) 38(11) E.I.P.R. 678-686, Available at SSRN: https://ssrn.com/abstract=2956409

Danny Friedmann (Contact Author)

Peking University School of Transnational Law ( email )

Peking Univ. Shenzhen Campus
University Town, Xili, Nanshan District
Shenzhen, 518055
China

HOME PAGE: http://stl.pku.edu.cn/faculty-2/danny-friedmann/

Peking University School of Transnational Law ( email )

China

HOME PAGE: http://ipdragon.org

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