Infringement of the community trademark in the case of territorially divergent public opinion
- Brand: König, Dr. Sebastian
- Availability: In stock
- SKU: 9783863761783
Traditionally, trademark rights apply uniformly to the entire protected area for which they are granted. This principle faces new challenges in the case of the community trademark on the territory of the EU. The present thesis examines the conflict between territorially divergent perceptions of traffic in Europe and the scope...
Traditionally, trademark rights apply uniformly to the entire protected area for which they are granted. This principle faces new challenges in the case of the community trademark on the territory of the EU. The present thesis examines the conflict between territorially divergent perceptions of traffic in Europe and the scope of an infringement of a community trademark. The author goes into the different offenses and clarifies the relevance of the specific traffic perception. Furthermore, the author deals with the principle of the unity of the community trademark at the infringement level and states that this is not mandatory. Based on the investigation, a differentiated solution is proposed and it is suggested that an omission can also be pronounced for parts of the EU and, in departure from the borders of the member states, for parts of individual member states. The practical consequences of this solution are shown and the effects on the other claims of the right holder are examined. With the result of his investigation, the author suggests rethinking the previous consideration of the uniformity of trademark rights and daring to assess infringements within the EU in a spatially differentiated manner.
- Title: Infringement of the community trademark in the case of a territorially divergent public opinion
- Author: Dr. Sebastian Koenig
- Edition: 1st edition
- Released: 1st edition 06/20/2017
- Subject: law, economics
- Product Type: Book (Hardcover)
- Product type: Dissertation
- Language: German
- Binding: Softcover (paperback)
- Dimensions: 21.0 x 14.8 cm (DIN A5)
- Scope: 162 pages
- Condition: New (wrapped in foil)
- Keywords: Art. 9 CTMR, divergent community trademark, unity of a trademark, EU trademark, community trademark, community trademark regulation, CTMR, brand awareness, territorial community trademark, public opinion, public opinion, likelihood of confusion of a brand
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