IPITevents

Added on Feb 16th, 2008

This ambitiously titled conference from CIPIL will look at trade mark dilution, and features Lord Justice Jacob, Professor Graeme Dinwoodie (Chicago-Kent/QMUL), Professor Martin Senftleben (Free University of Amsterdam), Richard Arnold QC , Dev Gangee (London School of Economics), Emmanuel Baud (Latham & Watkins), David Llewelyn (White and Case), Professor Ansgar Ohly (University of Bayreuth), and Dr Jennifer Davis (University of Cambridge). The whole things is quite reasonably priced at £80.00, with (I’m glad to see) special rates of £60.00 for academics and £30.00 for starving students.

From the conference website, it looks like they will be tackling quite a few issues:

• What is the difference between a well-known mark and a mark with a reputation?
• What is the relationship between ‘reputation’ of a mark and brand values or brand image?
• When are two marks so similar that a consumer will make a ‘link’ between them? What is meant by ‘detriment to distinctive character’? Is it possible to identify when such detriment will occur? Will it only occur in relation to invented marks? Will it ever occur by use of a similar mark? Does the concept of detriment imply ‘unfairness’?
• What is meant by ‘detriment to repute’?
• What is meant by ‘unfair advantage’? Does ‘unfair advantage’ require harm ‘present or prospective’ to the trade mark owner? Does the notion of ‘fairness’ allow for a balancing of ‘freedoms, rights and interests’?
• When is a sign used ‘with due cause’? Has this notion been construed too narrowly?
• How does the concept of dilution mesh with the requirement of ‘trade mark use’ (or at least that the use ‘jeopardise the essential function(s?) of the mark’?
• Does parodic use take unfair advantage of the repute of an earlier mark? Do the exceptions apply to such use? Will article 10 of the ECHR be brought into play?
• What justification, if any, exists for the broad protection offered to trade marks? What problems would a broad construction of s. 10(3) cause?