The Referential Use of Another’s Trademark in the Context of Comparative Advertising
Апстракт
Within the broader question of the permissibility of the referential use of another’s trademark, the author deals with the trademark aspects of comparative advertising. This matter is regulated in the EU and Serbia by the rules of unfair competition law and trademark law, and the author reflects on the origin and perspectives of the intertwining of these two areas. The research is organized around the division of the information content of the trademark into navigation goodwill and surplus goodwill. Navigation goodwill corresponds to the function of a trademark to indicate the origin of the marked product, while surplus goodwill describes the reputation of the trademark. The limits of protection of surplus goodwill are problematic in legal theory and practice. One highlight of research is the interpretation of the legal prohibition on comparative advertising of products that are imitations or replicas of the reference product. Another highlight is the conclusion that free riding on the... reputation of another’s trademark, when comparatively advertising a competing product, is not unfair (impermissible) per se. Unfairness must be based on additional circumstances, especially harm to the reputation of the trademark.
Извор:
Balkan Yearbook of European and International Law, 2022, 2021, 3-24Институција/група
Pravni fakultet / Faculty of Law University of BelgradeTY - CHAP AU - Marković, Slobodan PY - 2022 UR - https://ralf.ius.bg.ac.rs/handle/123456789/1338 AB - Within the broader question of the permissibility of the referential use of another’s trademark, the author deals with the trademark aspects of comparative advertising. This matter is regulated in the EU and Serbia by the rules of unfair competition law and trademark law, and the author reflects on the origin and perspectives of the intertwining of these two areas. The research is organized around the division of the information content of the trademark into navigation goodwill and surplus goodwill. Navigation goodwill corresponds to the function of a trademark to indicate the origin of the marked product, while surplus goodwill describes the reputation of the trademark. The limits of protection of surplus goodwill are problematic in legal theory and practice. One highlight of research is the interpretation of the legal prohibition on comparative advertising of products that are imitations or replicas of the reference product. Another highlight is the conclusion that free riding on the reputation of another’s trademark, when comparatively advertising a competing product, is not unfair (impermissible) per se. Unfairness must be based on additional circumstances, especially harm to the reputation of the trademark. T2 - Balkan Yearbook of European and International Law T1 - The Referential Use of Another’s Trademark in the Context of Comparative Advertising EP - 24 SP - 3 VL - 2021 DO - 10.1007/978-3-030-97431-2_1 UR - conv_3292 ER -
@inbook{ author = "Marković, Slobodan", year = "2022", abstract = "Within the broader question of the permissibility of the referential use of another’s trademark, the author deals with the trademark aspects of comparative advertising. This matter is regulated in the EU and Serbia by the rules of unfair competition law and trademark law, and the author reflects on the origin and perspectives of the intertwining of these two areas. The research is organized around the division of the information content of the trademark into navigation goodwill and surplus goodwill. Navigation goodwill corresponds to the function of a trademark to indicate the origin of the marked product, while surplus goodwill describes the reputation of the trademark. The limits of protection of surplus goodwill are problematic in legal theory and practice. One highlight of research is the interpretation of the legal prohibition on comparative advertising of products that are imitations or replicas of the reference product. Another highlight is the conclusion that free riding on the reputation of another’s trademark, when comparatively advertising a competing product, is not unfair (impermissible) per se. Unfairness must be based on additional circumstances, especially harm to the reputation of the trademark.", journal = "Balkan Yearbook of European and International Law", booktitle = "The Referential Use of Another’s Trademark in the Context of Comparative Advertising", pages = "24-3", volume = "2021", doi = "10.1007/978-3-030-97431-2_1", url = "conv_3292" }
Marković, S.. (2022). The Referential Use of Another’s Trademark in the Context of Comparative Advertising. in Balkan Yearbook of European and International Law, 2021, 3-24. https://doi.org/10.1007/978-3-030-97431-2_1 conv_3292
Marković S. The Referential Use of Another’s Trademark in the Context of Comparative Advertising. in Balkan Yearbook of European and International Law. 2022;2021:3-24. doi:10.1007/978-3-030-97431-2_1 conv_3292 .
Marković, Slobodan, "The Referential Use of Another’s Trademark in the Context of Comparative Advertising" in Balkan Yearbook of European and International Law, 2021 (2022):3-24, https://doi.org/10.1007/978-3-030-97431-2_1 ., conv_3292 .