End Line: The Boundaries of Extended Protection for Word Trademarks in EU Law
2014 (English)In: NIR: Nordiskt immateriellt rättsskydd, ISSN 0027-6723, Vol. 5, 537-561 p.Article in journal (Other academic) Published
The well-known marks are used as a safety valve in the protection and preservation of the commercial value of trademarks. It is a shield, available to trader to protect its financial investment in the allure of the trademark, and a sword against anyone who wants to engage in free riding on this investment. The overall analysis of the boundaries of extended protection for trademarks in the form of remedies, demonstrates that a trader cannot rely on a well-known mark status without any obligations attached to it. The whole idea of this article rests upon access points for interested third parties, to word embedded in the well-known mark. This article introduces two access points, independently developed from the European trademark framework, that have as an underlying idea the protection of market principles and other traders, rather than the protection of the trademark owner. The problem of well-known marks and their interaction with market principles derives from a simple fact that the basis for their protection rests upon the suggestive function of the trademark. This suggestive function needs to be curtailed in order for the proper functioning of the market to occur. Curtailment occurs in the form of boundaries to its protection, in the form of access points. These access points have been grouped in two areas. Firstly the general principles of EU law, and secondly the competition law.
Place, publisher, year, edition, pages
2014. Vol. 5, 537-561 p.
trademarks with reputation, well known marks, trademark law
Research subject Legal Science
IdentifiersURN: urn:nbn:se:su:diva-134476OAI: oai:DiVA.org:su-134476DiVA: diva2:1033467