Revisiting the Philosophical Foundations of Trademarks in the US and UK

Revisiting the Philosophical Foundations of Trademarks in the US and UK

by Mohammad Amin Naser

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Overview

Revisiting the Philosophical Foundations of Trademarks in the US and UK by Mohammad Amin Naser

This book challenges the philosophical foundations of current trademark systems in the USA and the UK. It argues that the process of trademark creation should be transformed to the more practical and realistic proposition of co-authorship of trademarks by both the public and trademark owners. The book develops the Economic-Social Planning justification, which departs from the economic argument that trademarks reduce consumer search costs, and then proposes that trademarks should be formulated in a manner which helps foster a just and attractive culture. Trademarks are thus seen as source and origin identifiers, rather than quality identifiers. The book focuses on the often ignored role of the public and their rights in trademarks and calls for the adoption of the confusion rationale for trademark protection, not the dilution individualistic rationale. The two jurisdictions of this book prove adverse effects over the rights of the public in terms of using trademarks in cultural and expressive contexts, thereby threatening the principles of freedom of expression as a human fundamental right.

Product Details

ISBN-13: 9781443817790
Publisher: Cambridge Scholars Publishing
Publication date: 03/28/2010
Pages: 230
Product dimensions: 6.00(w) x 8.10(h) x 1.10(d)

About the Author

Moh'd Amin Naser is an Assistant Professor of Commercial Law and Intellectual Property Law at Yarmouk University - Jordan. He previously taught Contract Law and Industrial Property Law at the University of Leicester and Nottingham University. He was awarded his PhD from the University of Leicester in 2009, and his MA from the University of Jordan in co-operation with World Intellectual Property Organization (WIPO) in 2005. Prior to joining legal academia he practiced law in Jordan at Khalaf Masa'deh & Partners.

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