Linguistic Battles In Trademark Disputes

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Overview

Battles over knowledge, authority, and power are often fought when two different fields address the same issues. This book takes an important step towards showing how quite different fields, law and linguistics, can work together effectively in trademark cases. After presenting the basics of each field, readers are shown how linguistics was used in ten trademark lawsuits, five of which had opposing linguists on each side. Finally, helpful suggestions are given to both linguists and lawyers.

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Product Details

  • ISBN-13: 9780333997581
  • Publisher: Palgrave Macmillan
  • Publication date: 1/1/2003
  • Edition description: REV
  • Pages: 224
  • Product dimensions: 5.50 (w) x 8.50 (h) x 0.62 (d)

Meet the Author

Roger Shuy is Distinguished Research Professor of Linguistics Emeritus, Georgetown University. He created the sociolinguistics program at Georgetown, heading it for thirty years. After working in the applications of linguistics to literacy, medical communication and classroom language, he turbaned to the legal arena where he has consulted with attorneys, testified at trial fifty times, consulted with the US Department of Justice and has trained personnel in several federal agencies.

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Table of Contents

The Battle over Linguists and Law
• A Very Brief Introduction to Linguistics for Lawyers
• Generic vs. Secondary Meaning: Registry Hotel v. Hospitality Mgt.
• Teaching a Jury About Meaning: Warren v. Prestone
• Sounding Alike and Meaning Alike: Con-Agra v. Hormell
• Descriptiveness: Nouns and Modifiers: Woodroast v. Restaurants Unlimited
• The Meaning of a Patronymic Prefix: Quality Inns c. McDonalds
• Sounding, Looking, and Meaning Different: AMR Pharm v. American Home Products
• Differences in the Ingredients, Qualities and Characteristics of the Products: Pyewacket v. Mattel
• Going Beyond Competing, Company and Product Names: Auto-Nation USA v. Car-Max
• Using Foreign Language Words in Trademarks: Alixandre Furs v. Alexandros Furs Disclaiming Dealership Authorization: Matrix Essentials v. F & M. Distributors Using Linguistics Tools and Thinking in Trademark Disputes
• Some Suggestions for Linguists
• Some Suggestions for Attorneys
• Power, Control, and the Ownership of Language

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