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25 - Relationship between Trademark Law and Copyright/Design Law

Trademark Protection for Ornamental Shapes?

from IX - Overlapping Rights

Published online by Cambridge University Press:  18 September 2020

Irene Calboli
Affiliation:
Texas A&M School of Law
Jane C. Ginsburg
Affiliation:
Columbia University School of Law
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Summary

The overlap between trademark law and copyright or design law has grown with the extension of trademark protection for subject matter that was traditionally protected only by copyright and/or design law. This extension has been triggered not only by the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement (Article 15(1)) but also by prior national and regional initiatives (e.g., Article 2 of the 1988 EU Trademark Directive). The overlap thus covers slogans and titles; two-dimensional artistic works (figurative marks such as color combinations, logos, graphical user interfaces, or computer visual displays); musical works (sound marks); and three-dimensional artistic works (shape marks).

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Publisher: Cambridge University Press
Print publication year: 2020

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