There are a number of points throughout the trade mark system where multiple undertakings share the same name, either unwillingly, or by consent. In this timely book, expert contributors address this controversial issue and identify the various points at which names are shared.
This unique book uses both historical and interdisciplinary perspectives, as well as more traditional legal methodology, to examine the practical and theoretical implications of such name sharing for the parties involved. It analyses what can be learned from the sharing process about the nature of the trade mark system and the interests which it protects. General themes relating to the nature and purpose of trade mark law are also discussed.
The contributors focus on UK and European law and their detailed treatment of specific trade mark topics will prove invaluable to postgraduate law students and academics specialising in intellectual property. Legal practitioners will appreciate the up-to-date consideration of concepts important in both contentious and non-contentious trade mark practice and in-house counsel for brand owners will benefit from the expert guidance offered on issues relevant to protecting their trade marks.
PART I: OVERVIEW
Ilanah Simon Fhima
2. An Economic Perspective on Shared Name Issues in Trade Mark Law
PART II: REGISTRABILITY ISSUES
3. The Rise and Fall of Honest Concurrent Use
4. Coexistence in Community Trade Mark Disputes: When is it Recognized and What are its Implications?
5. The Approach of the UK-IPO to Co-ownership of Registered Trade Marks: Nanny Leaves the Registry, but not Completely
6. The Business End of Collective and Certification Marks
PART III: SHARED NAME LITIGATION
7. Same Name, Different Goods – Death of the Principle of Specialty
Ilanah Simon Fhima
8. Is There an Own-Name Defence in the Common Law Tort of Passing-off? The Implications of Asprey, Reed and Newman v Adlem
9. The Own-Name Defence in Relation to Registered Trade Mark Law
PART IV: SHARED NAME TRANSACTIONS
Spyros Maniatis and Stefan Schwarzkopf
11. Splitting Trade Marks and the Competition Laws
12. Aspects of Sublicensing