Trade Marks and Brands: An Interdisciplinary Critique

Paperback (Print)
Buy New
Buy New from BN.com
$54.52
Used and New from Other Sellers
Used and New from Other Sellers
from $55.03
Usually ships in 1-2 business days
(Save 6%)
Other sellers (Paperback)
  • All (5) from $55.03   
  • New (2) from $55.03   
  • Used (3) from $69.74   

Overview

Developments in trade marks law have called into question a variety of basic features, as well as bolder extensions, of legal protection. Other disciplines can help us think about fundamental issues such as: what is a trade mark? What does it do? What should be the scope of its protection? This 2008 volume assembles essays examining trade marks and brands from a multiplicity of fields: from business history, marketing, linguistics, legal history, philosophy, sociology and geography. Each chapter pairs lawyers' and non-lawyers' perspectives, so that each commentator addresses and critiques his or her counterpart's analysis. The perspectives of non-legal fields are intended to enrich legal academics' and practitioners' reflections about trade marks, and to expose lawyers, judges and policy-makers to ideas, concepts and methods that could prove to be of particular importance in the development of positive law.

Read More Show Less

Editorial Reviews

From the Publisher
Review of the hardback: The past two decades have witnessed an explosion of research into the very ontological foundations of trade mark law. Few books however have tried to venture systematically into the heart of the legal beast to construct a truly comprehensive view of what the nature and function of trade marks are and the scope of their legal protection as Trade Marks and Brands: an Interdisciplinary Critique does. The book draws on a number of aspects of trade mark law, namely legal and business history, marketing, linguistics, philosophy, sociology and geography, giving different flavours to the law. The originality of the book lies not only in the fact that it brings these different aspects together, but also in allowing each commentator to address and critique their counterpart's analysis. The book is primarily aimed at lawyers, non-lawyers and policy-makers and assumes that the reader is already up to speed on the subject.' Book Reviews

Review of the hardback: 'The editor's claim in the preface of the uniqueness of this work, on the basis of the broad, inter-related range of contributions, is largely justified. Throughout this volume, contributors bear in mind that legislation is inevitably behind constantly-evolving developments and draw readers into considering the challenges ahead. This work will no doubt be useful to scholars and students as well as to non-specialists wishing to broaden their knowledge on the subject.' World Intellectual Property Organisation Magazine

Read More Show Less

Product Details

Meet the Author

Lionel Bently is Herchel Smith Professor of Intellectual Property Law at the University of Cambridge, Director of the Centre of Intellectual Property and Information Law at the University of Cambridge, and a Professorial Fellow at Emmanuel College, Cambridge.

Jennifer Davis is Newton Trust Lecturer and College Lecturer at Wolfson College, University of Cambridge.

Jane C. Ginsburg is the Morton L. Janklow Professor of Literary and Artistic Property Law at the Columbia Law School. She also directs the law school's Kernochan Center for Law, Media and the Arts.

Read More Show Less

Table of Contents

Part I. Legal and Economic History: 1. The making of modern trade mark law: the construction of the legal concept of trade mark (1860-1980) Lionel Bently; 2. The Making of modern trade mark law: the UK, 1860-1914. A business history perspective David Higgins; Part II. Current Positive Law in the E.U. and the US: 3. Between a sign and a brand: mapping the boundaries of a registered trade mark in European Union trade mark law Jennifer Davis; 4. "See me, feel me, touch me, hea[r] me" (and maybe smell and taste me too): I am a trademark - a US perspective Jane C. Ginsburg; Part III. Linguistics: 5. 'How can I tell the trade mark on a piece of gingerbread from all the other marks on It?' Naming and meaning in verbal trade mark signs Alan Durant; 6. What linguistics can do for trade mark law Graeme Dinwoodie; Part IV. Marketing: 7. Brand culture: trade marks, marketing and consumption Jonathan Schroeder; 8. Images in brand culture: responding legally to Professor Schroeder's paper David Vaver; Part V. Sociology: 9. Trade mark style as a way of fixing things Celia Lury; 10. The irrational lightness of trade marks: a legal perspective Catherine Ng; Part VI. Law and Economics: 11. A law and economics perspective on trade marks Andrew Griffiths; 12. The economic rationale of trademarks: an economist's critique Jonathan Aldred; Part VII. Philosophy: 13. Trade marks as property: a philosophical perspective Dominic Scott, Alex Oliver and Miguel Ley Pineda; 14. An alternative approach to dilution protection: a response to Scott, Oliver and Ley Pineda Michel Spence; Part VIII. Anthropology: 15. An anthropological approach to transactions involving names and marks, drawing on Melanesia James Leach; 16. Traversing the cultures of trade mark sphere: observations on the anthropological approach of James Leach Megan Richardson; Part IX. geography: 17. Geographical indications: not all champagne and roses Bronwyn Parry; 18. (Re)locating geographical indications: a response to Bronwyn Parry Dev Gangjee.

Read More Show Less

Customer Reviews

Be the first to write a review
( 0 )
Rating Distribution

5 Star

(0)

4 Star

(0)

3 Star

(0)

2 Star

(0)

1 Star

(0)

Your Rating:

Your Name: Create a Pen Name or

Barnes & Noble.com Review Rules

Our reader reviews allow you to share your comments on titles you liked, or didn't, with others. By submitting an online review, you are representing to Barnes & Noble.com that all information contained in your review is original and accurate in all respects, and that the submission of such content by you and the posting of such content by Barnes & Noble.com does not and will not violate the rights of any third party. Please follow the rules below to help ensure that your review can be posted.

Reviews by Our Customers Under the Age of 13

We highly value and respect everyone's opinion concerning the titles we offer. However, we cannot allow persons under the age of 13 to have accounts at BN.com or to post customer reviews. Please see our Terms of Use for more details.

What to exclude from your review:

Please do not write about reviews, commentary, or information posted on the product page. If you see any errors in the information on the product page, please send us an email.

Reviews should not contain any of the following:

  • - HTML tags, profanity, obscenities, vulgarities, or comments that defame anyone
  • - Time-sensitive information such as tour dates, signings, lectures, etc.
  • - Single-word reviews. Other people will read your review to discover why you liked or didn't like the title. Be descriptive.
  • - Comments focusing on the author or that may ruin the ending for others
  • - Phone numbers, addresses, URLs
  • - Pricing and availability information or alternative ordering information
  • - Advertisements or commercial solicitation

Reminder:

  • - By submitting a review, you grant to Barnes & Noble.com and its sublicensees the royalty-free, perpetual, irrevocable right and license to use the review in accordance with the Barnes & Noble.com Terms of Use.
  • - Barnes & Noble.com reserves the right not to post any review -- particularly those that do not follow the terms and conditions of these Rules. Barnes & Noble.com also reserves the right to remove any review at any time without notice.
  • - See Terms of Use for other conditions and disclaimers.
Search for Products You'd Like to Recommend

Recommend other products that relate to your review. Just search for them below and share!

Create a Pen Name

Your Pen Name is your unique identity on BN.com. It will appear on the reviews you write and other website activities. Your Pen Name cannot be edited, changed or deleted once submitted.

 
Your Pen Name can be any combination of alphanumeric characters (plus - and _), and must be at least two characters long.

Continue Anonymously

    If you find inappropriate content, please report it to Barnes & Noble
    Why is this product inappropriate?
    Comments (optional)