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I Don't Even Recognize You Anymore

I Don't Even Recognize You Anymore

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Traditional trade marks have become a rarity, widely replaced by more appealing means of market communication. Fueled by the CJEU's liberal jurisdiction, widening the subject matter eligible for trade mark protection, a whole new world of opportunity has opened up to advertisers.The author adresses the question in-depth, whether a fictional character per se is eligible for trade mark protection. The topic is approached via Community and US-Supreme court jurisdiction. Furthermore, alternative means of protection via adjacent regimes are analysed. The author concludes with a thorough comparison and policy recommendations.

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Keywords

  • Herkunftszeichen
  • Herstellernamen
  • Marke
  • medienrecht
  • Unterhaltungs- und Medienrecht
  • Urheberrecht / Gewerblicher Rechtsschutz und Medienrecht

Links

DOI: 10.5771/9783845257143

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