CEU eTD Collection (2014); Mirzah, Sinda Laura: THE COEXISTENCE OF TRADEMARK LAW, UNFAIR COMPETITION AND CONSUMER PROTECTION IN THE EUROPEAN UNION AND THE UNITED STATES FEDERAL JURISDICTION - A COMPARATIVE ANALYSIS

CEU Electronic Theses and Dissertations, 2014
Author Mirzah, Sinda Laura
Title THE COEXISTENCE OF TRADEMARK LAW, UNFAIR COMPETITION AND CONSUMER PROTECTION IN THE EUROPEAN UNION AND THE UNITED STATES FEDERAL JURISDICTION - A COMPARATIVE ANALYSIS
Summary Trademarks can have significant value. The amount of money spent by firms to develop and maintain their own trademarks is growing significantly every year. Their role on the market and the scope of protection afforded to them has been likewise strengthened and extended both at national and international level. However, the law of trademarks determines not only the proprietors’ position, but it also affects significantly the interests of the consuming public and other market actors. Furthermore, in a broader sense it has a great impact on commercial practices, as well.
With regards to the balancing of interests of the parties concerned, continental and common law legal regimes provide for similar legal solutions; although, due to their diverging approaches, some differences still exist. Moreover, there remained certain unregulated or controversial issues, as well. The ultimate goal of this thesis is to give a general insight into the functioning and coexistence of the relevant fields of law in the EU and in the US, and to highlight the critical or debated points in this regard.
In order to attain this purpose, first I portray the general position, functions and justifications of trademark protection. Thereafter I describe how the interrelated issues under the law of trademarks, unfair competition and consumer protection operate and complement each other in Europe at Community level and in the U.S. at federal level. Finally I point out some controversial or unsolved issues hereof.
Supervisor Professor Caterina Sganga LL.M. (YALE) PH.D.
Department Legal Studies LLM
Full texthttps://www.etd.ceu.edu/2014/mirzah_sinda.pdf

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