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
- VII The Relationship between Trademark Law and the Right of Publicity
- VIII Trademarks and Domain Names
- IX Overlapping Rights
- 25 Relationship between Trademark Law and Copyright/Design Law
- 26 Overlapping Copyright and Trademark Protection in the United States
- 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
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
- 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
- VII The Relationship between Trademark Law and the Right of Publicity
- VIII Trademarks and Domain Names
- IX Overlapping Rights
- 25 Relationship between Trademark Law and Copyright/Design Law
- 26 Overlapping Copyright and Trademark Protection in the United States
- 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
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 PressPrint publication year: 2020