relevant: see Annette Kur, 'Too Pretty to Protect?: Trade Mark Law
[T]his is an important issue of European trade mark law
In sum, this kind of screen franchising looks to trade mark law
to defend and expand its business activity, whereas it once looked to copyright law.
While the former German trade mark law
denied the registration for three-dimensional Shapes (66), the current trade mark law
explicitly constitutes the possibility to register three-dimensional shapes (67).
(115) Other relevant legislation includes Art.s 2, 3 & 11of the Italian Constitution, and Art 21 of the Italian Trade Mark Law
(applicable both to names and pictures of real persons when they form, or are part of, a trademark, note also Article 21 1.m also reserves to well-known persons the right to register their name or trade mark) and Article 96 of Italian Copyright Law which states that images and pictures of real persons may only be distributed or exhibited with the consent of that person (although 97 dis-applies the consent requirement where the reproduction has a cultural or scien-tic goal) per Toni, Anna Maria and Alessandri, Nicola in "Character Merchandising in Europe", ed Heijo Ruijsenaars, Kluwer Law International, 2003 at 165;
Trade mark law
was applied to determine whether a domain name has been used in a manner that takes unfair advantage of, or is unfairly detrimental to the complainant's rights.
(81) See Charles Gielen, Harmonisation of Trade Mark Law
in Europe: The First Trade Mark Harmonisation Directive of the European Council, 14 EUR.
Cothill has significant experience in trade mark law
and also advises on anti-counterfeiting, copyright, advertising and promotion, company names and domain names.
Back in 2010 a new trade mark law
was published replacing the Law No.
Will, who joined the Newcastle firm five years ago, has taken several exams over the last three years and has attended the Advanced Trade Mark Law
course at Queen Mary University, London in order to obtain this qualification.
Speaking before the European Parliament's Committee on Legal Affairs (JURI), on 22 March, the internal market commissioner summed up the initiatives underway and those he intends to launch in order to bring about progress on trade mark law
, authors' rights and the respect of intellectual property rights in the digital environment.
Trade mark law
and sharing names; exploring use of the same mark by multiple undertakings.