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- Trademarks and Unfair Competition (3)
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Articles 1 - 4 of 4
Full-Text Articles in Law
Goodwill Appropriation As A Distinct Theory Of Trademark Liability: A Study On The Misappropriation Rationale In Trademark And Unfair Competition Law, Apostolos Chronopoulos
Goodwill Appropriation As A Distinct Theory Of Trademark Liability: A Study On The Misappropriation Rationale In Trademark And Unfair Competition Law, Apostolos Chronopoulos
Apostolos Chronopoulos
Contemporary analysis of trademark rights rests on the premise that consumer confusion constitutes the primary, if not the sole, rational basis for awarding legal protection. Dilution theory has gradually come to be considered an almost undesired exception to the general rule of confusion-based liability and has been continuously shrinking in scope of application. Trademarks are viewed mainly as an offspring of the law against passing-off. Property rights in trademarks are acceptable to the extent that they vindicate interests of consumers in making informed decisions. Rights-holder interests recognized by trademark law should, accordingly, be merely a reflex of protecting consumers from …
Trade Dress Rights As Instruments Of Monopolistic Competition: Towards A Rejuvenation Of The Misappropriation Doctrine In Unfair Competition Law And A Property Theory Of Trademarks, Apostolos Chronopoulos
Trade Dress Rights As Instruments Of Monopolistic Competition: Towards A Rejuvenation Of The Misappropriation Doctrine In Unfair Competition Law And A Property Theory Of Trademarks, Apostolos Chronopoulos
Apostolos Chronopoulos
The protection of trade dress restricts the ability of competitors to compete by imitation. It may also interfere with the public’s ability to copy product features that have been disclosed in expired utility and design patents. These concerns about the anticompetitive potential of trade dress claims have prompted the Supreme Court to tighten the requirements for protecting product configurations under the Lanham Act. To be protectable, the design under consideration should have already acquired secondary meaning. Furthermore, the functionality doctrine may bar protection even though there are enough alternative product configurations at the disposal of competitors so as to market …
Determining The Scope Of Trademark Rights By Recourse To Value Judgements Related To The Effectiveness Of Competition - The Demise Of The Trademark-Use Requirement And The Functional Analysis Of Trademark Law, Apostolos Chronopoulos
Determining The Scope Of Trademark Rights By Recourse To Value Judgements Related To The Effectiveness Of Competition - The Demise Of The Trademark-Use Requirement And The Functional Analysis Of Trademark Law, Apostolos Chronopoulos
Apostolos Chronopoulos
This paper examines the doctrinal implications of the principle of complementarity between intellectual property rights and competition law in the field of trademarks. The systematic adherence of trademark rights to the wider set of norms regulating the competitive process implies that their teleology should take into consideration value judgements related to the effectiveness of competition. Neither the limiting concept of trademark use nor the legal recognition of some “economic trademark functions” is apt to fulfil this legal task. It is therefore submitted that the normative valuations flowing out of competition law should be implemented through a purposive interpretation of the …
Patenting Standards - A Case For Us Antitrust Law Or A Call For Recognizing Immanent Public Policy Limitations To The Exploitation Rights Conferred By The Patent Act?, Apostolos Chronopoulos
Patenting Standards - A Case For Us Antitrust Law Or A Call For Recognizing Immanent Public Policy Limitations To The Exploitation Rights Conferred By The Patent Act?, Apostolos Chronopoulos
Apostolos Chronopoulos
This paper examines the adverse effect of patent ambushing on competitive conditions resulting in the distortion of the standardization process in markets where the effectiveness of competition relies heavily on standardization. The US Rambus litigation serves as a point of departure. In this case, the strategic behavior of the patentee was subjected to both an antitrust and unfair competition analysis. Both approaches display an inadequacy to squarely balance all of the conflicting interests involved. The solution proposed is to apply the patent misuse doctrine as a rule that expresses a public policy defense against patent enforcement so as to ensure …