|This ancient fragment of|
a rare first edition of Kerly
was recently excavated by
|The new web-enabled iPot?|
|Good ingredients -- and |
plenty of food for thought
So what's in this new edition? Pretty much everything you'd expect. As publishers Sweet & Maxwell state, this volume
- Provides full explanation of the UK law of trade marks and trade names
- Covers classification, registration (UK & European), different types of marks, enforcement, infringement and litigation
- Includes coverage of assignments
- Goes through licensing, merchandising and franchising
- Deals with infringement and available remedies
- Looks at mediation and arbitration in the context of trade marks
- Incorporates recent legislative change such as the Trade Marks Regulations 2008, the Trade Marks (Earlier Trade Marks) Regulations 2008 and the Community Trade Mark (Amendment) Regulations 2008.
Bibliographic data: hardback, xcvi + 1454 pages. ISBN: 9781847037701. Rupture factor: substantial (would have been a lot less if the book were sold without all the statutes etc stuck into the back as appendices). Price: £295.Web page here.
|Can you spot the flags of the European|
Union's 13 important countries?
What is this new work all about? Let the publisher's web-blurb explain:
- "Provides general knowledge of the trade mark system in the EU, taking you through the basic legal principles and the significance of filing and litigation strategies
- Shows how the trade mark laws of the EU member states have been harmonised, as well as looking at the non-harmonised areas of law
- Brings you commentary on the Community Trade Mark Directive including the must-know decisions of the European Court of Justice, in particular with respect to the question of likelihood of confusion
- Deals with the filing options provided by the EU trade mark system and the Madrid Agreement, including the interplay between both systems; providing you with case examples and filing advice ...
Dr Hauck has put together an able panel of national contributors, retaining for himself the task of covering both the European Union and Germany. The result of their labours is a book which is long on genuinely useful content and guidance, relatively unburdened by the weight of excessive citations and pleasantly light in terms of appendices (cf Kerly, supra). The numbering and arrangement of subheadings is relatively constant between national chapters so that it is easy to navigate between country chapters when seeking to compare them. The choice of those subheadings is presumably influenced by Dr Hauck's observation that the same questions tend to be repeatedly asked -- though their answer often tends to differ from country to country.
- Explains the judicial trade mark system for the 13 most important EU member states [well done, Ireland, for making the Top Thirteen -- though there may be one or two folk out there who'd disagree ...] and contains valuable information on the local fees and the necessary involvement of local attorneys
- Guides you through the procedure for obtaining a Community trade mark, explains the particularities of a Community trade mark compared with national trade marks and looks at the possibilities of enforcing it at a national and at a EU level
- Goes through the options and costs of enforcing trade mark claims in court and out of court in each country; this includes C&D letters and preliminary injunction proceedings
- Outlines the proceedings for a trade mark application in each of the national registering offices, including costs, scope of examinations, timescales, and remedies in case of refusal
- Covers the opposition, revocation and judicial proceedings on a national and on a EU level, including costs, scope of examinations, timescales, and remedies in case of refusal
- Sets out multistate filing and litigation strategies and explains the possibilities of forum shopping
- Adopts a country by country approach, making it easy to compare proceedings for enforcement claims for each jurisdiction
- Compares the advantages and disadvantages of a Community trade mark and a national trade mark registration ...".
The publishers are confident that this book will run and run. The words "Ist edition" appear on the cover itself and the website provides for a discount for those who wish to commit themselves now to the purchase of subsequent editions. Will it run and run? This reviewer thinks so -- if it's properly marketed and sensibly priced. It's far better focused than the publisher's previous attempt to do something along the same lines in the European Trade Mark Litigation Handbook, a title which sank so deeply that even attempts to dredge it up via Google have failed.
Bibliographic data: paperback, xxxiv + 5456 pages. ISBN 978 0 414 04621 4. Price £125. Rupture factor: medium-to-low. Book's web page here.