The Protection of Non-Traditional Trademarks

Hayleigh Bosher, IPKAT The increased flexibility of the application for registration together with developments in modern marketing has extended the scope of trade marks, both practically and philosophically. The Protection of Non-Traditional Trade Marks [...] serves to help us navigate the debate on these developments from a legal, economic and cultural perspective, it equips us with both empirical evidence and theoretical frameworks as the tools to do so [...] This book is a
useful source for policymakers, trade mark examiners, trade mark attorneys, judges and researchers with an interest in trade marks. In particular, anyone wanting to keep abreast the current climate and future of the trade mark landscape in relation to non-traditional marks and branding.

Irene Calboli is the Lee Kong Chian Fellow, Visiting Professor, and Deputy Director of the Applied Research Centre for Intellectual Assets and the Law in Asia (ARCIALA), School of Law, Singapore Management University. She is also Professor of Law at Texas A&M University School of Law and Transatlantic Technology Law Forum Fellow at Stanford Law School. She is an elected member of the American Law Institute and an associate member of the Singapore Academy of Law. Martin Senftleben is Professor of Intellectual Property, Centre for Law and Internet, Vrije Universiteit Amsterdam, and Of Counsel, Bird & Bird, with admission to the bar in The Hague and Dusseldorf. Besides intellectual property courses at his own university, he regularly teaches at the Centre for International Intellectual Property Studies (CEIPI), Strasbourg, the EBS University of Business and Law, Wiesbaden, the HANKEN School of Economics, Helsinki, the Munich Intellectual Property Law Center (MIPLC) and the Universities of Vienna and Catania. Professor Senftleben is a member of the Executive Committee of the Association litteraire et artistique internationale (ALAI) and the International Association for the Advancement of Teaching and Research in Intellectual Property Law (ATRIP).

Part I: Taking Stock - Legislative Framework and Practical Implications 1: Denis Croze: Making a Large Universe Visually Perceptible: The Development of Non-Traditional Marks in WIPO Treaties 2: Mitchell Adams and Amanda Scordamaglia: Non-Traditional Marks: An Empirical Study 3: Dev Gangjee: Non-Traditional Marks and Classification Traditions 4: Michael Handler: What Should Constitute Infringement of a Non-Traditional Mark? 5: Annette Kur: Keeping Indistinctive and Descriptive Shapes Free - The Broadened Limitation of Protection in the European Union Part II: Assessing the Legislative Framework - Unresolved Challenges 6: Deven Desai: Should Trademark Laws Protect Non-Traditional Marks as Marketing Practices? 7: Ng-Loy Wee Loon: Special Restrictions on Registration of Product Shape Marks - A Breach of International Law? 8: Irene Calboli: Designing a Stricter Distinctiveness Requirement for Non-Traditional Marks under the Current Legislative Framework(s) 9: Graeme Dinwoodie: Aesthetic Functionality, Acquired Distinctiveness and Non-Traditional Marks 10: Justin Hughes: The Vexing Problem of Aesthetic Functionality in Non-Traditional Marks Part III: Assessing the Impact on Freedom of Competition - Innovation Concerns 11: Gustavo Ghidini: Non-Traditional Marks as Eternal Monopolies on Product Features? 12: J. Glynn Lunney: Trade Dress Protection: The Error Costs of Making an Exception the Rule 13: Lavinia Brancusi: Assessing the Impact of Registering Non-Traditional Marks: A Competition Law Analysis 14: Arul Scaria: Non-Traditional Marks on Pharmaceutical Products: Non-Traditional Barriers to Access to Medicine? 15: Carolina Castaldi: The Economics and Management of Non-Traditional Marks Part IV: Assessing the Impact on Freedom of Expression - Social and Cultural Concerns 16: Lisa Ramsey: Non-Traditional Marks and Inherently Valuable Expression 17: Martin Senftleben: The Corrosive Effect of Non-Traditional Marks on Cultural Follow-On Innovation 18: Haochen Sun: The Impact of Non-Traditional Marks on Access to Aesthetic Styles and Symbols