CEU eTD Collection (2015); Fokina, Ganna: TRADEMARK LAW AS A TOOL OF PROTECTION AGAINST UNFAIR COMPETITION: LESSONS FOR UKRAINE

CEU Electronic Theses and Dissertations, 2015
Author Fokina, Ganna
Title TRADEMARK LAW AS A TOOL OF PROTECTION AGAINST UNFAIR COMPETITION: LESSONS FOR UKRAINE
Summary This paper addresses the issue of application of trademark law mechanisms of protection as a tool to combat unfair competition. Upon analyzing the correlation between unfair competition and trademark law, the thesis focuses on trademark protection mechanisms implemented in the US and EU. The thesis finds that in both legal systems trademark law protection remedies are considered to be a strong tool against unfair competition and, therefore, trademark infringement claims are invoked as a main defense strategy while unfair competition remedies play a supplementary role. Particular consideration is given to problematic issues of trademark protection in Ukraine, where due to certain deficiencies on the stage of trademark rights’ enforcement, companies tend to resort to remedies available under unfair competition law.
Supervisor Sganga, Caterina
Department Legal Studies LLM
Full texthttps://www.etd.ceu.edu/2015/fokina_ganna.pdf

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