Book contents
- The Cambridge Handbook of International and Comparative Trademark Law
- The Cambridge Handbook of International and Comparative Trademark Law
- Copyright page
- Contents
- Editors and Contributors
- Foreword
- Preface
- Part One International Aspects of Trademark Protection
- Part Two Comparative Perspectives on Trademark Protection
- I The Nature and Functions of Trademarks
- II Signs That Can Be Protected as Trademarks
- III Public Policy Limitations of Trademark Subject Matter
- IV The Relationship between Trademarks and Geographical Indications
- V Certification and Collective Marks
- VI The Relationship between Trademark Law and Advertising Law
- 19 Trademark Law and Advertising Law in the European Union: Conflicts and Convergence
- 20 The False Advertising/Trademark Law Interface at Common Law
- VII The Relationship between Trademark Law and the Right of Publicity
- VIII Trademarks and Domain Names
- IX Overlapping Rights
- X Theories Underlying the Standards for Trademark Infringement
- XI Trademark Dilution
- XII Secondary Trademark Liability
- XIII Trademark Defenses
- XIV The Principle of Exhaustion of Trademark Rights
- XV Trademark Transactions
- Index
19 - Trademark Law and Advertising Law in the European Union: Conflicts and Convergence
from VI - The Relationship between Trademark Law and Advertising Law
Published online by Cambridge University Press: 18 September 2020
- The Cambridge Handbook of International and Comparative Trademark Law
- The Cambridge Handbook of International and Comparative Trademark Law
- Copyright page
- Contents
- Editors and Contributors
- Foreword
- Preface
- Part One International Aspects of Trademark Protection
- Part Two Comparative Perspectives on Trademark Protection
- I The Nature and Functions of Trademarks
- II Signs That Can Be Protected as Trademarks
- III Public Policy Limitations of Trademark Subject Matter
- IV The Relationship between Trademarks and Geographical Indications
- V Certification and Collective Marks
- VI The Relationship between Trademark Law and Advertising Law
- 19 Trademark Law and Advertising Law in the European Union: Conflicts and Convergence
- 20 The False Advertising/Trademark Law Interface at Common Law
- VII The Relationship between Trademark Law and the Right of Publicity
- VIII Trademarks and Domain Names
- IX Overlapping Rights
- X Theories Underlying the Standards for Trademark Infringement
- XI Trademark Dilution
- XII Secondary Trademark Liability
- XIII Trademark Defenses
- XIV The Principle of Exhaustion of Trademark Rights
- XV Trademark Transactions
- Index
Summary
Trademark law and unfair competition law share common purposes. Causing a likelihood of confusion with another trader’s mark is the classical and typical case of trademark infringement. At the same time, creating confusion is one of the examples of unfair competition listed in Article 10bis of the Paris Convention for the Protection of Industrial Property (Paris Convention). In recent decades, trademark law has extended beyond this core area. In both the United States and the European Union, well-known marks are now protected against dilution, and in the EU well-known marks are also protected against misappropriation. Before trademark law entered this field, protection against denigration and misappropriation was mainly provided via unfair competition law, although national laws differ in this respect, particularly as regards misappropriation. It thus comes as no surprise that US law considers both fields of law as closely related.
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- Information
- Publisher: Cambridge University PressPrint publication year: 2020