'Buy Me Because I'm Cool': The 'Marketing Approach' and the Overlap between Design, Trade Mark and Unfair Competition Law

A. Kur, M. Levin and J. Schovsbo (eds.), The EU Design Approach – A Global Appraisal, Edward Elgar, Forthcoming

23 Pages Posted: 16 Aug 2018

See all articles by Ansgar Ohly

Ansgar Ohly

Ludwig Maximilian University Munich

Date Written: April 17, 2018

Abstract

This paper analyses tensions between design law, trade mark law and unfair competition law in the EU and its member states, compared to US law. It suggests a conflict rule safeguarding the public domain in the area of designs.

Keywords: design, trademark, unfair competition, overlap

JEL Classification: K11, K29

Suggested Citation

Ohly, Ansgar, 'Buy Me Because I'm Cool': The 'Marketing Approach' and the Overlap between Design, Trade Mark and Unfair Competition Law (April 17, 2018). A. Kur, M. Levin and J. Schovsbo (eds.), The EU Design Approach – A Global Appraisal, Edward Elgar, Forthcoming. Available at SSRN: https://ssrn.com/abstract=3223315

Ansgar Ohly (Contact Author)

Ludwig Maximilian University Munich ( email )

Ludwigstrasse 29
Munich, Bavaria 80539
Germany

HOME PAGE: http://www.geistiges-eigentum.info

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