Trade Marks at the Limit

Edited by Jeremy Phillips, formerly Intellectual Property Consultant, Olswang; Research Director, Intellectual Property Institute; co-founder, IPKat weblog

• Contents:PrefaceIntroduction: Permitted But Unauthorised UseJeremy PhillipsPART I: THE LEGAL BACKGROUND1. Permitted Use Under International Law Nicolas Dontas2. Permitted Use Under European Law: The Framework Susie Middlemiss3. Comparative Advertising in the United States Charles H. Googe, Jr and Lewis Clayton4. A Contrast With Trade Mark Law: The Permitted Use of Geographical IndicationsLasse A. Søndergaard Christensen and Janne Britt HansenPART II: SPECIFIC ISSUES5. Comparative Advertising in Europe Philippe de Jong 6. Use of Trade Marks on Repackaged and Relabelled Pharmaceutical Goods Christian Schumacher7. Controlling Third Party Use at the Border Luca Giove8. Compatibility of Products: The ECJ’s Gillette Ruling Rainer Hilli9. Repairs and other Specialist Services in the Light of the ECJ’s BMW Ruling Montiano Monteagudo and Núria Porxas10. Refills, Recharged Batteries and Recycled Products Wolfgang Kellenter11. Honest Commercial Use in Light of the ECJ’s Gerolsteiner Ruling Grace Smith12. ‘Descriptivess’ in American Trade Mark Law David W. Quinto and Anthony P. Alden13. Interim Relief, Final Injunctions and Freedom of Speech: The French Greenpeace and Danone Litigation Grégoire Triet14. Trade Mark Issues in the Financial Services Industry Steven Weiner and Frank Azzopardi15. The Impact of Permitted Use on Trade Mark Valuation Mark Bezant16. Unauthorised Use of Trade Marks: A Trade Mark Proprietor’s Perspective Bruce Proctor17. Unauthorised Permitted Use in a Multilingual Jurisdiction Thierry Calame18. Unauthorised Use of Another’s Trade Mark: A View from Australia Jackie O’BrienPART III: LOOKING TO THE FUTURE19. Why is it Better to Brand so as not to Rely on Third Party Use? Dawn Franklin20. Legal Strategies for Coping With Unwanted Third Party Use Steven Warner21. Non-traditional Trade Marks: Unauthorised but Permitted Use Karin Cederlund and Petra HanssonConclusion: Where Do We Go From Here? Jeremy PhillipsIndex

'. . . the book differs from the norm in addressing issues not conventionally found in the more standard trade mark works and in dealing with the subject not in the traditional textbook manner but in a series of contributions from a panel of distinguished international experts. . . While there will always be a need for the detailed and comprehensive academic and practitioner tomes, books such as this give the reader access to the cutting-edge minds of a number of leading experts in their fields. Books of this nature encourage the reader to question and challenge the current status of the law - the only way law can evolve. In both its structure and its content this book is highly commended.'