
As an Amazon Associate and affiliate partner, Menrva Books earns from qualifying purchases. Learn more
Trademark scholarship has focused largely on the protection of trademark rights against consumer confusion and the dilution of trademarks. Studies of limitations on trademark rights, meanwhile, have remained relatively peripheral, especially in jurisdictions outside of the United States. However, this reality is incongruous with the importance of the limitations, such as descriptive and nominative uses, in promoting freedom of commerce, market competition, free speech, and cultural dynamics.Against this backdrop, Charting Limitations on Trademark Rights is the first comprehensive academic volume detailing limitations in trademark rights from both theoretical and comparative perspectives. The book presents new theoretical perspectives to justify trademark rights limitations, re-examines the nature of these limitations, delineates the scope of the limitations, and offers comparative studies of the limitations.With contributions from leading trademark scholars in the EU, US, and Asia, this is a must read for scholars, students, practitioners, and policymakers with an interest in the theories, policies, and doctrines of trademark law.
This volume investigates the theoretical foundations and practical applications of limitations on trademark rights, addressing the historical imbalance in legal scholarship that has favored protection over restriction. Barton Beebe and Haochen Sun curate a collection of essays from international legal experts to provide a rigorous framework for understanding how limitations—such as nominative and descriptive use—serve to balance commercial interests with free speech and market competition. The text synthesizes diverse jurisdictional approaches to offer a cohesive analysis of how these legal boundaries function in modern global markets.
What You Will Find
Legal scholars and practitioners identify this volume as a foundational resource for understanding the comparative landscape of trademark limitations. The text is noted for its high level of academic density and its utility for policymakers navigating the complexities of international intellectual property doctrine.
Page Count:
336
Publication Date:
2023-08-12
Publisher:
Oxford University Press
ISBN-10:
0198871244
ISBN-13:
9780198871248
No comments yet. Be the first to share your thoughts!