Cover

Half-title

Series-title

Title

Copyright

Contents

List of figures and tables

Notes on the contributors

Editors’ preface

Table of cases

Table of statutes

Part I: Legal and economic history

1 The making of modern trade mark law: the construction of the legal concept of trade mark (1860–1880)

The situation in mid-century

The development of a law of trade marks, 1860–1875

The debate over the nature of a trade mark

The meaning of trade mark

Names

Other indicia

How did ‘trade marks’ differ from other markings on goods?

Trade marks as indicators of geographic origin

Towards a ‘modern’ definition of trade marks1875–1888

Consolidating the idea of a trade mark

Extending protection to word marks

From positive to negative definition

Multilateral protection

2 The making of modern trade mark law: the UK, 1860–1914. A business history perspective

Trade marks and business history

Was the Trade Marks Registration Act of 1875 a success?

Geographical Indications: from individual to community protection

Conclusions

Part II: Current positive law in the EU and the USA

3 Between a sign and a brand: mapping the boundaries of a registered trade mark in European Union trade mark law

1 The registered trade mark as a sign

2 Limiting the domain of registrable signs

3 Protecting the trade mark as a brand

4 Between a sign and a brand

4 ‘‘See me, feel me, touch me, hea[r] me’’ (and maybe smell and taste me too): I am a trademark – a US perspective

What is (and is not) a trademark?

Scope of protection

Part III: Linguistics

5 ‘How can I tell the trade mark on a piece of gingerbread from all the other marks on it?’ Naming and meaning in verbal trade mark signs

Introduction

The distinctive/descriptive contrast

Risk of ‘ordinary language confusion’

Specialized, technical sensestrade mark law

Distinctive

Descriptive

Secondary meaning

Generic

Specialized, technical sensesthe study of language

Distinctive

Descriptive

Names and their capabilities

Calculating signs for meaning ‘on the market’

The ‘avoid descriptive’ imperative

Senses in action

Trade mark meaning and use

Infringement and ‘non-trade mark use’ as a defence

Interpretive use and parody

Conclusion

6 What linguistics can do for trademark law

Introduction

1 The limits of realitytrademark law and linguistic meaning

A Signs functioning in principle

B Departures from reality or more complex reality

2 Linguistics reinforcing lessons for legal scholars

3 Linguistics informing the further development of trademark thought

A The role of registration systems

B Permissible uses

Conclusion

Part IV: Marketing

7 Brand culture: trade marks, marketing and consumption

Visual consumption

The transformative mirror of consumption

Architectural expression in the electronic age

Conclusion. Interdisciplinary insights into brand culture

8 ‘Brand culturetrade marks, marketing and consumption’ - responding legally to Professor Schroeder’s paper

I

II

III

IV

V

Part V: Sociology

9 Trade mark style as a way of fixing things

Introduction

What is a market?

10 The irrational lightness of trade marks: a legal perspective

A rear-view mirror perspective

Objects in the mirror are closer than they appear

Part VI: Law and Economics

11 A Law-and-Economics perspective on trade marks

1 The aims and scope of this chapter

2 Trade marks as signs

3 The economic role of a trade mark

4 The economic role of trade mark law

5 Conclusion

12 The economic rationale of trade marks: an economist’s critique

Introduction

Justifying trade mark protection

Trade marks as information

Trade marks as protectors of intangible output

The costs and benefits of trade marks

Conclusion

Part VII: Philosophy

13 Trade marks as property: a philosophical perspective

1 Are trade marks capable of being property?

2 Does the law treat trade marks as property?

2.1 Types of infringement

3 What is wrong with dilution?

3.1 Utilitarian justifications for restricting dilution

3.2 A Lockean justification

4 Conclusion

14 An alternative approach to dilution protection: a response to Scott, Oliver and Ley-Pineda

Introduction

Protection against allusion to a trade mark and the expressive autonomy of the trade mark owner

Objections to the argument from expressive autonomy

Limiting protection against allusion

Conclusion

Part VIII: Anthropology

15 An anthropological approach to transactions involving names and marks, drawing on Melanesia

Introduction

Outline of the argument

Relations with constitutive effects. Names and marks on the Rai Coast of Papua New Guinea

Marks and designs in Reite

Owning names in Reite

‘Stealing People’s Names’

The contrasting status of names and marks in two transactional contexts

The definition of a trade mark

Conclusion

16 Traversing the cultures of trade marks: observations on the anthropological approach of James Leach

Trade mark meaning in law and in practice

Trade marks and traditional symbols

Part IX: Geography

17 Geographical Indications: not all ‘champagne and roses’

1 Introduction

2 Concepts and ideals implicit in GIs

3 Revisiting Champagne

4 Legitimizing the ‘authenticity’ of place: Ellen Semple and Social Darwinism

5 The future of GIs: the role of place in a globalizing world

6 Conclusion

18 (Re)Locating Geographical Indications: a response to Bronwyn Parry

Introduction

Terroir in transition

A more grounded view of terroir

Phylloxera and the response to fraud

Is deterministic terroir sufficient to guarantee quality?

‘Authenticity’: from the AO to the AOC

The law of 1919: the insufficiency of origin

The law of 1935: origin and quality assured

Conclusion

Bibliography

Parliamentary papers and legislative documents

Index