Trade Mark Registrations in Bad Faith

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Alexander Tsoutsanis (Associate, Klos Morel Vos & Schaap, Amsterdam, and lecturer, intellectual property law, University of Leiden)

Trade Mark Registrations in Bad Faith

Alexander Tsoutsanis (Associate, Klos Morel Vos & Schaap, Amsterdam, and lecturer, intellectual property law, University of Leiden)

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English

Oxford University Press
18 November 2010

Intellectual property law; Trademarks law

With the ever-increasing importance to both manufacturers and consumers of brand advertising and brand awareness, the commercial significance of trade marks continues to grow. Trade mark abuse, including counterfeiting branded products and the wrongful registration of a trade mark belonging to a person or company by another party (a bad faith registration), is a well-known problem in intellectual property law. This book provides practical guidance on protecting trade marks against trade mark grabbing in general and abusive bad faith trade mark registrations in particular. It examines the case law, literature and recent EU developments (including issues relating to the enlargement of the EU) on trade mark registrations in bad faith from both an international and national perspective, and offers a comparative analysis of the relevant rules and regulations in all EU Member States.

By: Alexander Tsoutsanis (Associate Klos Morel Vos & Schaap Amsterdam and lecturer intellectual property law University of Leiden)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Dimensions: Height: 241mm, Width: 177mm, Spine: 29mm
Weight: 1g
ISBN: 9780199551477
ISBN 10: 0199551472
Pages: 422
Publication Date: 18 November 2010
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

PART I: INTRODUCTION 1: General Introduction: Trade Marks and Bad Faith 2: Bad Faith in Other Areas of Intellectual Property Law 3: Back to Trade Marks: the System of Trade Mark Obtainment and Protection 4: Summary PART II: EUROPE: HARMONIZATION AND UNIFICATION 5: History of Origin 6: The Trade Mark Directive 7: The Community Trade Mark Regulation 8: Summary PART III: TOUR COMMUNAUTAIRE: IMPLEMENTATION AND INTERPRETATION 9: Benelux 10: Germany 11: France 12: Italy 13: The United Kingdom 14: Ireland 15: Denmark 16: Greece 17: Portugal 18: Spain 19: Austria 20: Finland 21: Sweden 22: The New Member States 23: Evaluation PART IV: BAD FAITH DECIPHERED 24: Towards a Uniform Definition of Bad Faith 25: Summary Bibliography

Alexander Tsoutsanis qualified for the Bar and began practicing IP in 2001 at Allen & Overy in Amsterdam. He joined Leiden University in August 2002 to teach and research Intellectual Property Law and earned his PhD on 'Bad faith trade mark applications' in December 2005. He has practised law since 2006 with Klos Morel Vos & Schaap in Amsterdam, and also teaches Intellectual Property Law at Leiden University. Alexander publishes and lectures regularly on all aspects of IP law, and authored several books, which include his book 'Domain name disputes: infringement, tort or bad faith ?' (in Dutch, 2003) and 'Bad faith trade mark applications' (in Dutch, 2005).