The Trademark Paradox: Trademarks and Their Conflicting Legal and Commercial Boundaries by Catherine ManleyThe Trademark Paradox: Trademarks and Their Conflicting Legal and Commercial Boundaries by Catherine Manley

The Trademark Paradox: Trademarks and Their Conflicting Legal and Commercial Boundaries

byCatherine Manley

Hardcover | February 25, 2015

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Trademarks play a fundamental role in our everyday lives as consumers, helping us to quickly choose the products we like and avoid those that we don’t. Trademarks are also essential elements in a competitive market, allowing companies to build brand loyalty without fear of free-riding by competitors. Trademark laws thus diminish customer confusion, make «communication» between seller and buyer simple, and prevent unfairness. However, expanding legal protection, coupled with commercial «bullying», have served to restrict, rather than promote, competition. The paradox lies in how we have dealt with the conflict: in our quest to promote competition, we have failed to adequately balance private interests (e.g., protection of business goodwill) with public interests (ensuring a robust, competitive market without restraints on trade). This book examines trademarks’ conflicting legal and commercial boundaries. It concludes by suggesting principles and guidelines to help resolve the imbalance.
Catherine M. Manley is qualified both as a U.S. attorney (California) and as a solicitor (England and Wales). She obtained her B.A. from Yale University, her J.D. from Stanford University, and her LL.M. from Philipps-Universität Marburg, and was a research assistant at the Berkman Center for Internet and Society at Harvard Law School. ...
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Title:The Trademark Paradox: Trademarks and Their Conflicting Legal and Commercial BoundariesFormat:HardcoverDimensions:8.27 × 5.83 × 0.98 inPublished:February 25, 2015Publisher:Peter Lang GmbH, Internationaler Verlag der WissenschaftenLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:3631656432

ISBN - 13:9783631656433

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Table of Contents

Contents: The Trademark Paradox – Trademarks and their conflicting legal and commercial boundaries – Trademark bullies – Expanding legal rights – Private interests in investments in business goodwill – Public interests in robust market competition without barriers – Imbalance and conflicting interests.