Reputation in European trade mark law: a re-examination

被引：0
|
作者：
Burrell R. [1 ,2 ]
Handler M. [3 ]
机构：
[1] University of Sheffield, School of Law, Bartolomé House, Winter Street, Sheffield
[2] University of Western Australia, Crawley
[3] Faculty of Law, University of New South Wales, Sydney
来源：
ERA Forum | 2016年 / 17卷 / 1期
基金：
澳大利亚研究理事会;
关键词：
Blurring; Dilution; Free-riding; Marks with a reputation; Niche fame; Tarnishment;
D O I：
10.1007/s12027-016-0419-2
中图分类号：
学科分类号：
摘要：
Under the harmonised European trade mark regime marks with a reputation enjoy expanded protection. This article casts doubt on whether this ‘reputational trigger’ can be justified. It then explores some difficult operational questions about the way the reputation threshold works in cases where the mark enjoys fame only in niche markets or in a limited geographical area, the aim being to illustrate further why reputation is an unsatisfactory trigger for a different type of trade mark protection. Finally, it looks at some of the evidential difficulties involved in adjudicating disputes in which expanded protection is being claimed. It concludes by suggesting that if the evidential problems we identify were tackled the reputation threshold could be abandoned. © 2016, The Author(s).
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页码：85 / 99
页数：14
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