Essays about: "EUTMR"

Found 2 essays containing the word EUTMR.

1. 1. The protection of fictional characters: A study on how fictional characters can be protected under copyright and trade mark law

   University essay from Lunds universitet/Juridiska institutionen; Lunds universitet/Juridiska fakulteten

   Author : Viktor Johnsson; [2020]
   Keywords : copyright; trade mark; trademark; overlap; public domain; intellectual property; fictional character; EUTMR; Law and Political Science;

   Abstract : As the entertainment industry continues to grow and fictional characters holding enormous value, this paper seeks to explain how the characters can be protected within the EU through copyright or the use of trade marks, and what the limitations to such protection might be. The paper is using a legal analytical method and looks at both the legislation and the case-law within the union, but also at doctrine and other jurisdictions to aid the interpretation where case-law is absent. READ MORE

3. 2. Blurred Lines : The assessment of detriment to distinctive character in Europe and the requirement to prove a change in the economic behaviour of the consumer

   University essay from Uppsala universitet/Juridiska institutionen

   Author : Buster Sanderson; [2018]
   Keywords : European Union; Trademark Law; Reputed Trademarks; Detriment to distinctive character; Change in the economic behavior of the consumers;

   Abstract : The extended protection offered to reputed trademarks in article 8(5) EUTMR and in particular the illusive concept of detriment to distinctive character has been causing difficulties for both legislators and courts throughout Europe since the concept was introduced by Frank Schechter in 1927. Detriment to distinctive character, or blurring as it also called, has undergone several changes since its implementation in the first trademark regulation due to case law from the CJEU and no case has had a bigger impact in this area than the Intel judgement. READ MORE