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Full-Text Articles in Intellectual Property Law
Perfume By Any Other Name May Smell As Sweet…But Who Can Say?: A Comment On L’Oreal V. Bellure, Carys J. Craig
Perfume By Any Other Name May Smell As Sweet…But Who Can Say?: A Comment On L’Oreal V. Bellure, Carys J. Craig
Carys Craig
L’Oréal v. Bellure is a remarkable case. The ruling of the European Court of Justice, as reluctantly applied by the Court of Appeal of England and Wales, protects the plaintiff’s trade-mark rights against free-riding and prohibits the defendants from taking any commercial advantage of the reputation attaching to the plaintiff’s famous perfume brands. In doing so, it limits free competition and commercial expression without identifying any real harm (consumer confusion, blurring or tarnishment of the marks) or providing any clear public benefit that would justify such intervention. In this article, I argue that the case reflects a perception of trade-mark …
Trade-Marks And Unfair Competition Law In Canada: Cases And Commentary, Second Edition, Bita Amani, Carys Craig
Trade-Marks And Unfair Competition Law In Canada: Cases And Commentary, Second Edition, Bita Amani, Carys Craig
Carys Craig
The legal protection afforded by statutory and common law to brands, logos, and "source-identifiers" in the marketplace is a significant and growing area of concern. Trade-marks are often among a business's most valuable assets, making trade-mark law a vital component of any corporate or commercial practice. The Amani-Craig collaboration produces a timely and current volume that comprehensively covers the law and jurisprudence on trade-mark protection in Canada, providing background and comparative discussion where relevant, and offering insightful commentary to facilitate reader comprehension.
Trade-Marks And Unfair Competition Law In Canada: Cases And Commentary, Bita Amani, Carys Craig
Trade-Marks And Unfair Competition Law In Canada: Cases And Commentary, Bita Amani, Carys Craig
Carys Craig
This text offers a thorough and accessible survey of the Canadian law of trade-marks and unfair competition. The legal protection afforded by statutory and common law to brands, logos, and "source-identifiers" in the marketplace is a significant and growing area of concern. Trade-marks are often among a business's most valuable assets, making trade-mark law a vital component of any corporate or commercial practice. The Amani-Craig collaboration produces a timely and current volume that comprehensively covers the law and jurisprudence on trade-mark protection in Canada, providing background and comparative discussion where relevant, and offering insightful commentary to facilitate reader comprehension.