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The Protection of Non-Traditional Trademarks: Critical Perspectives

Irene Calboli and Martin Senftleben

Abstract

During the last decades, non-traditional marks have found their way into trademark registers worldwide. Against this background, the time has come to take stock. Which law and practice has evolved with regard to these marks? How do trademark offices and courts address the wide variety of issues—ranging from legal-doctrinal to competition-based and cultural concerns—that are raised by the inclusion of non-traditional marks in the trademark system? Which positions have evolved in the debate on the continuous expansion of the domain of trademark protection? Which repercussions does this expansion ... More

Keywords: non-traditional marks, trademark law and practice, distinctiveness, functionality, branding, economic analysis, undistorted competition, freedom of expression, cumulation of intellectual property rights

Bibliographic Information

Print publication date: 2018 Print ISBN-13: 9780198826576
Published to Oxford Scholarship Online: February 2019 DOI:10.1093/oso/9780198826576.001.0001

Authors

Affiliations are at time of print publication.

Irene Calboli, editor
Professor, Texas A&M University School of Law

Martin Senftleben, editor
Professor, Vrije Universiteit Amsterdam

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Contents

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Introduction

Irene Calboli and Martin Senftleben

Part I Assessing the Legal Framework and Unresolved Challenges

2 Non-Traditional Trademarks

Mitchell Adams and Amanda Scardamaglia

Part II Assessing the Impact on Competition and Culture

11 Non-Traditional Trademarks

Glynn S. Lunney, Jr.

14 Non-Traditional Trademarks in the Pharmaceutical Sector

Arul George Scaria and Kavya Susan Mammen*

End Matter