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Parallel Importation in U S Trademark Law

Parallel Importation in U S  Trademark Law Author Timothy H. Hiebert
ISBN-10 0313289565
Release 1994-01
Pages 178
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Over much of the past century, the law governing third-party importation of non-counterfeit, genuine goods has been obscured by conceptual uncertainty. In recent years, the debate over the gray market has centered on the fundamental reasons for trademark protection, and has raised the possibility of conflict between the two traditionally recognized purposes of trademark law--protecting consumers from deception and protecting trademark owners from lost sales. Hiebert discusses the evolution of the universality and territoriality principles of trademark law, and develops a new understanding of the role of goodwill in resolving trademark infringement issues. Beginning with a review of the earliest days of trademark law, Hiebert traces the development of the twofold purpose and territoriality doctrines in the United States, and examines in detail the cases, statutes, and regulations governing parallel imports. Unlike other recent treatments of the subject, this work benefits from the availability of important archival materials, and devotes considerable attention to the nineteenth-century antecedents of modern parallel importation doctrine, and to the evolution of trademark doctrine within the broader context of American legal realism.



Research Handbook on Intellectual Property Exhaustion and Parallel Imports

Research Handbook on Intellectual Property Exhaustion and Parallel Imports Author Irene Calboli
ISBN-10 9781783478712
Release 2016-06-24
Pages 584
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From the Americas to the European Union, Asia-Pacific and Africa, countries around the world are facing increased pressure to clarify the application of intellectual property exhaustion. This wide-ranging Research Handbook explores the questions that pose themselves as a result. Should exhaustion apply at the national, regional, or international level? Should parallel imports be considered lawful imports? Should copyright, patent, and trademark laws follow the same regime? Should countries attempt to harmonize their approaches? To what extent should living matters and self-replicating technologies be subject to the principle of exhaustion? To what extent have the rise of digital goods and the “Internet of things” redefined the concept of exhaustion in cyberspace? The Handbook offers insights to the challenges surrounding these questions and highlights how one answer does not fit all.



Regulating Style

Regulating Style Author Kedron Thomas
ISBN-10 9780520964860
Release 2016-10-11
Pages 328
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Fashion knockoffs are everywhere. Even in the out-of-the-way markets of highland Guatemala, fake branded clothes offer a cheap, stylish alternative for people who cannot afford high-priced originals. Fashion companies have taken notice, ensuring that international trade agreements include stronger intellectual property protections to prevent brand “piracy.” In Regulating Style, Kedron Thomas approaches the fashion industry from the perspective of indigenous Maya people who make and sell knockoffs, asking why they copy and wear popular brands, how they interact with legal frameworks and state institutions that criminalize their livelihood, and what is really at stake for fashion companies in the global regulation of style.



Law and the Arts

Law and the Arts Author Hofstra University
ISBN-10 0313308055
Release 1999
Pages 256
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This interdisciplinary study examines the relationships between law and the humanities. On the one side, chapters focus attention on legal restraints in the media, censorship of the arts, copyright protection on the Internet, and artists' rights in the past and in the present cyberspace era. On the other, the role played by law in literature and the theatre is explored, and one essay examines the architectural design of the U.S. Supreme Court and how its architect fit into political history.



Parallel Trade in Europe

Parallel Trade in Europe Author Christopher Stothers
ISBN-10 9781847313614
Release 2007-04-02
Pages 467
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Shortlisted for the 2008 Young Authors Inner Temple Book Prize Are parallel importers the key to free trade, breaking down long-established national barriers for the benefit of all? Or do they instead just operate in a dubious 'grey market' for their own profit, free-loading on the investment of innovators and brand owners to the ultimate detriment of everyone? Parallel trade is in turn lionised and demonised, both in legal commentary and in the mainstream press. As one might expect, the truth lies somewhere between these extremes. Once goods have been manufactured they are put onto the market in one country by the manufacturer. Parallel trade occurs when the goods are subsequently transferred to a second country by another party (the parallel trader, who may be the end consumer). The distinguishing feature of parallel trade is that the manufacturer did not intend those particular goods to end up in the second country. The goods are normally described in that country as 'parallel imports' or 'grey market goods'. The latter term is generally used to suggest that the trade, while not exactly 'black market', is not entirely lawful either. Understanding how European Community law operates to permit or restrict parallel trade involves exploring a complex matrix of rules from the fields of free movement, intellectual property, competition and regulatory law, including both private and public enforcement regimes. Where goods are parallel imported from outside the Community these rules change and new considerations come into play, such as obligations arising from the European Economic Area, the World Trade Organization and bilateral free trade agreements. The experience of Europe, which has grappled with the issues on a regional basis for more than four decades, provides a fertile source for examination of parallel trade in other jurisdictions. Christopher Stothers' comprehensive treatment successfully analyses this difficult topic, considering both Community and national decisions.



Loyola of Los Angeles international and comparative law journal

Loyola of Los Angeles international and comparative law journal Author
ISBN-10 UCAL:B5129258
Release 1996
Pages
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Loyola of Los Angeles international and comparative law journal has been writing in one form or another for most of life. You can find so many inspiration from Loyola of Los Angeles international and comparative law journal also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Loyola of Los Angeles international and comparative law journal book for free.



Selected Acquisitions

Selected Acquisitions Author Robert Crown Law Library
ISBN-10 STANFORD:36105061742610
Release 1992
Pages
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Selected Acquisitions has been writing in one form or another for most of life. You can find so many inspiration from Selected Acquisitions also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Selected Acquisitions book for free.



Current Publications in Legal and Related Fields

Current Publications in Legal and Related Fields Author
ISBN-10 IND:39000300186389
Release 1995
Pages
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Current Publications in Legal and Related Fields has been writing in one form or another for most of life. You can find so many inspiration from Current Publications in Legal and Related Fields also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Current Publications in Legal and Related Fields book for free.



Recent Acquisitions

Recent Acquisitions Author
ISBN-10 OSU:32437123161958
Release 1994
Pages
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Recent Acquisitions has been writing in one form or another for most of life. You can find so many inspiration from Recent Acquisitions also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Recent Acquisitions book for free.



The Cumulative Book Index

The Cumulative Book Index Author
ISBN-10 UOM:39015058373781
Release 1995
Pages
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The Cumulative Book Index has been writing in one form or another for most of life. You can find so many inspiration from The Cumulative Book Index also informative, and entertaining. Click DOWNLOAD or Read Online button to get full The Cumulative Book Index book for free.



Trademark Protection and Territoriality Challenges in a Global Economy

Trademark Protection and Territoriality Challenges in a Global Economy Author Irene Calboli
ISBN-10 9781781953914
Release 2014-01-31
Pages 360
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The contributors explore how the rise of international trade and globalization has changed the way trademark law functions in a number of important areas, including protection of well-known marks, parallel imports, enforcement of trademark rights again



Presidential Defiance of unconstitutional Laws

Presidential Defiance of  unconstitutional  Laws Author Christopher N. May
ISBN-10 STANFORD:36105023199750
Release 1998-01-01
Pages 215
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Explores the question of whether the president may refuse to comply with those laws that he believes are unconstitutional.



Law and the Great Plains

Law and the Great Plains Author John R. Wunder
ISBN-10 STANFORD:36105018297718
Release 1996-01-01
Pages 194
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The first book about the legal history of the Great Plains written by highly respected American scholars who challenge existing theories.



Intellectual Property

Intellectual Property Author Thomas Cottier
ISBN-10 9780472026432
Release 2010-04-23
Pages 552
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The incorporation of intellectual property protection into the WTO international trading system has been a milestone in international economic law and has added a new dimension to trade regulation — new rights and obligations and new challenges alike. The contributors, leading scholars and practitioners in the field, provide insights into the legal relationship of the TRIPs Agreement to the GATT 94 and the GATS. The book widens the debate with a thorough discussion on pending and unresolved relations of TRIPs, the WTO, UPOV, the Convention on Biodiversity and Farmers' Rights contained in the FAO International Undertaking, and efforts of the World Bank GCIAR system, including IPGRI. What will be the impact of TRIPs on ownership of plant genetic resources? Largely a victory for OECD countries, the present state of intellectual property rights has important implications for developing countries. The incorporation of intellectual property rights into the WTO system will eventually change the relationship of trade, competition, and intellectual property. It will equally have to assist in providing equitable sharing of benefits in the use of plant genetic resources. All of these issues are essential for the revision of exclusions from patenting in TRIPs. This volume offers insights into how this difficult task could and should be approached in a balanced manner and will be essential reading for economists and trade and intellectual property lawyers interested in the subject. Moreover, the volume will be relevant to agricultural economists as it addresses complex problems in the interstices of trade, intellectual property, plant genetic resources, and sustainable development. Thomas Cottier is Professor of European and International Economic Law, University of Bern, and Managing Director, World Trade Institute, University of Bern. Petros C. Mavroidis is Professor of Law, University of Neuchâtel. He formerly worked in the Legal Affairs Division of the World Trade Organization. Marion Panizzon is Research Fellow, University of Bern. Simon Lacey is Research Fellow, University of Bern.



The Impact of Judicial selection Method on State Supreme Court Policy

The Impact of Judicial selection Method on State Supreme Court Policy Author Daniel R. Pinello
ISBN-10 STANFORD:36105018249735
Release 1995-01-01
Pages 226
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Empirical study challenging current assumptions by showing that the method of judicial selection significantly affects state supreme court policies in several important areas of law.



John Marshall s Law

John Marshall s Law Author Thomas C. Shevory
ISBN-10 UOM:39015032211644
Release 1994-01-01
Pages 173
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Challenges liberal and conservative views about John Marshall's jurisprudence and redefines him as a political pragmatist and "republican revisionist."



Group Defamation and Freedom of Speech

Group Defamation and Freedom of Speech Author Monroe H. Freedman
ISBN-10 UOM:39015034928195
Release 1995
Pages 367
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This volume, an updated collection of essays from a Hofstra University conference on group defamation, provides a cross-disciplinary examination of hate speech. Beginning with the decision of the U.S. Supreme Court in R.A.V. v. St. Paul, the volume analyzes the problem from historical, anthropological, comparative-legal, and American constitutional law perspectives.