NDLI: The Function of a Shape as an Absolute Ground for Refusal

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The Function of a Shape as an Absolute Ground for Refusal

Content Provider	Springer Nature Link
Author	Schober, Natalie
Copyright Year	2013
Abstract	The focus of this work will be an analysis of the European conception of the functionality doctrine, which was originally invented and developed by United States’ courts. The central debate revolves around the differing approaches taken by the European Court of Justice and Advocate General Mengozzi in the ECJ’s recent Lego decision, concerning the classification of so-called hybrid shapes and the relevance of alternative shapes. In order to reconcile these differences with a coherent dogmatic understanding, these questions will be supplemented with the findings of US courts, specifically the ruling in the Traffix decision. The underlying idea of this comparative method is to find appropriate solutions to the questions that still appear to be unresolved at this stage in European trademark practice.
Starting Page	35
Ending Page	62
Page Count	28
File Format	PDF
ISSN	00189855
Journal	IIC - International Review of Intellectual Property and Competition Law
Volume Number	44
Issue Number	1
e-ISSN	21950237
Language	English
Publisher	Springer-Verlag
Publisher Date	2013-01-23
Publisher Place	Berlin, Heidelberg
Access Restriction	One Nation One Subscription (ONOS)
Subject Keyword	Hybrid shapes International IT and Media Law, Intellectual Property Law Ground for refusal Functionality doctrine Trademark law Alternative shapes CTMR
Content Type	Text
Resource Type	Article
Subject	Political Science and International Relations Law

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
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