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
Date Written: January 1, 2016
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: Suggested Citation