112 research outputs found
Whither European Trade Mark Law? Arsenal and Davidoff: The Creative Disorder Stage
No full textProfessor Maniatis focuses on recent case law of the European Court of Justice (ECJ) to illustrate the present disorderly state of European trade mark law. With the advent of the Community Trade Mark within the European Union, the ECJ is in the process of shaping a new body of trade mark precedent that will influence both national registration laws and future legislative developments in trade mark and unfair competition law. The author proposes that this new course should be guided by basic principles of trade mark law rather than by compromise between adverse historical and national systems. The Article gives a history of the legislative framework behind the Community Trade Mark to set up a discussion of the ECJ\u27s jurisprudence on trade mark law. Maniatis analyzes judicial treatment of relevant doctrines, including distinctiveness, graphic representation, functionality, likelihood of association, and mark reputation
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