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Trademark and Unfair Competition Conflicts
Historical-Comparative, Doctrinal, and Economic Perspectives


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Part of Cambridge Intellectual Property and Information Law

  • Date Published: March 2019
  • availability: Available
  • format: Paperback
  • isbn: 9781108722124

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About the Authors
  • With the rise of internet marketing and e-commerce around the world, international and cross-border conflicts in trademark and unfair competition law have become increasingly important. In this groundbreaking work, Tim Dornis - who, in addition to his scholarly pursuits, has worked as an attorney, a public prosecutor, and a judge, giving him experience in both civil and common-law jurisdictions - presents the historical-comparative, doctrinal, and economic aspects of trademark and unfair competition conflicts law. The book should be read by any scholar or practitioner interested in the international aspects of intellectual property generally, and trademark and unfair competition law specifically. This title is available as Open Access.

    • The first and only comprehensive comparison of common law and civil law in the field (US and EU), and the first and only analysis of international trademark and unfair competition conflicts written in English
    • The product of a truly 'hybrid' jurist, trained in the civil-law tradition, but who has studied, done research, and practiced law in common-law jurisdictions for many years
    • The book is a 'habilitation' thesis, which is aimed at fundamental research and still provides for practically applicable results
    • This title is available as Open Access
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    • Short-listed, 2018 Private Law Prize, St Petersburg International Legal Forum

    Reviews & endorsements

    'Tim W. Dornis' work is a landmark! It makes available a wealth of German and European sources to common lawyers and of US sources to civil lawyers. It may incite Europeans to rethink whether the emperor's new clothes (i.e. trademarks as IP rights under the country-of-protection principle) are really that stunning. Lastly - and certainly not least - it looks at whether trademark infringements on the internet should call for some international harmonization of the self-restraint requirement.' Jochen Glöckner, Journal of Parliamentary and Political Law

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    Product details

    • Date Published: March 2019
    • format: Paperback
    • isbn: 9781108722124
    • dimensions: 230 x 150 x 35 mm
    • weight: 1kg
    • contains: 2 b/w illus.
    • availability: Available
  • Table of Contents

    Table of cases
    List of abbreviations
    1. Civil-law history - Germany and Europe
    2. Common-law history - United States
    3. A ragged landscape of theories
    4. Substantive policy - convergent foundations
    5. International comity - a doctrine of self-restraint
    6. Reconceptualization, reinterpretation, and typology
    Appendix A
    Appendix B

  • Author

    Tim W. Dornis, Leuphana Universität Lüneburg, Germany
    Tim W. Dornis holds the Chair in Private Law, International Private and Economic Law, and Comparative Law at Leuphana Law School. He studied law and economics in Germany (Universität Tübingen) and in the United States (Columbia University, LL.M., (James Kent Scholar), and Stanford Law School, J.S.M.). Before his appointment, Professor Dornis spent several years practicing in an international law firm and as a civil-law judge. His scholarship has been awarded a number of prizes and he frequently publishes in international law reviews and journals.


    • Short-listed, 2018 Private Law Prize, St Petersburg International Legal Forum

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