To protect or not to protect? The eligibility of commercially-used short verbal texts for copyright and trade mark protection
Durant, Alan and Davis, Jennifer (2011) To protect or not to protect? The eligibility of commercially-used short verbal texts for copyright and trade mark protection. Intellectual Property Quarterly (4). pp. 345-370. ISSN 1364-906X
Full text is not in this repository.
This item is available in the Library Catalogue
This article is concerned with short verbal texts used in a commercial setting, in particular titles and slogans. It describes how protection of such texts against unauthorized third-party use has traditionally been problematic, both under the law of trademarks and the law of copyright (and sometimes simultaneously under both). It is argued that particular difficulty surrounds the fact that such texts can give rise to multiple meanings which are not easily accommodated within the legal reasoning associated with established categories of intellectual property protection. We show how in such circumstances it has been difficult for the courts to achieve the necessary balance between private and public interest, and we conclude that the courts would benefit from greater sensitivity to linguistic complications associated with short verbal texts, which may appear simple because they are short but which raise open-ended problems as regards their interpretation and significance.
|Research Areas:||School of Law > Law|
|Deposited On:||19 Sep 2011 05:55|
|Last Modified:||30 Jul 2014 12:48|
Repository staff and depositor only: item control page
Full text downloads (NB count will be zero if no full text documents are attached to the record)
Downloads per month over the past year