Intellectual Property, Unfair Competition and Publicity

Edited by Nari Lee, Professor, Hanken School of Economics, Helsinki, Finland, Guido Westkamp, Professor Dr. jur., Chair in Intellectual Property and Comparative Law, Queen Mary Intellectual Property Research Institute, Centre for Commercial Law Studies, Queen Mary, University of London, UK, Annette Kur, Professor, Max Planck Institute for Innovation and Competition (retired), Munich and Ansgar Ohly, Professor of Private Law, Intellectual Property and Competition Law, Ludwig Maximilian University, Munich, Germany

• Contents:Introduction: Intellectual Property, Unfairness and Speech – Convergences and Developments Annette Kur, Nari Lee, Ansgar Ohly and Guido WestkampPART I: CONDUCT AND UNFAIRNESS: MAPPING METHODOGICAL BOUNDARIES1. What to Protect, and How? Unfair Competition, Intellectual Property, or Protection Sui GenerisAnnette Kur2. Interfaces between Trade Mark Protection and Unfair Competition Law – Confusion About Confusion and Misconceptions about Misappropriation? Ansgar Ohly3. Personality Rights, Unfair Competition and Extended Causes of ActionGuido WestkampPART II: CONVERGENCES I: PERSONA, PUBLICITY AND MARKET CONTROL RIGHTS IN COMPARISON4. Personality Endorsement and Character Merchandising: A Sparkle of Unfair Competition in English LawSpyros Maniatis5. Rights of Publicity in the United States From Edison to Elvis to Paris (and Every 15 Minutes in Between) Gary Rinkerman6. Celebrities, Advertisement and Commercial Exploitation ‘Publicity Rights’ in German LawKerstin SchmittPART III: CONVERGENCES II: INVESTMENT IN COMPETITION7. Ambush Marketing: Examining the Development of an Event Organizer Right of AssociationSeth Ericsson8. Commercialising Privacy and Privatising the Commercial: The Difficulties Arising from the Protection of Privacy via Breach of ConfidenceTanya Aplin9. Protection of the First Mover Advantage – Regulation Against Imitation of the Product Configuration in JapanYoshiyuki Tamura10. The Use of Trade Marks in Keyword Advertising: Developments in CJEU and National JurisprudenceNicole van der LaanPART IV: INVESTMENT PROTECTION AND THE PUBLIC INTEREST: COMPETITION AND (COMMERCIAL) SPEECH11. The United Kingdom’s Public Interest ‘Defence’ and European Union Copyright LawJonathan Griffiths12. Public Domain at the Interface of Trade Mark and Unfair Competition Law – The Case of Referential Use of Trade MarksNari Lee13. Image Rights in Civil Law Systems: Four Questions and Three SystemsAntoon QuaedvliegIndex