Trademarks, Certification Marks and Technical Standards
Cambridge Handbook of Technical Standardization Law, Vol. 2: Further Intersections of Public and Private Law (Jorge L. Contreras, ed., Cambridge Univ. Press 2019)
26 Pages Posted: 8 Jul 2018 Last revised: 6 Jul 2021
Date Written: July 8, 2018
Complex interoperability protocols such as Wi-Fi, Bluetooth and DVD have become known throughout the developed world by simple and memorable names, many of which have been protected as trademarks, service marks and certification marks. This chapter describes different approaches that have been taken with respect to the naming and legal protection of technical standards, ranging from those that are wholly unregulated to those that are administered under strict certification and compliance regimes. It also explores the fragmented case law surrounding the nominative fair use doctrine in the context of technical standards and asks what protective framework may best promote the goals of broad product interoperability.
Keywords: standards, trademark, certification mark, genericide, SDO
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