Trademark scholarship has focused largely on the protection of trademark rights against consumer confusion and the dilution of trademarks. Studies of limitations on trademark rights, meanwhile, have remained relatively peripheral, especially in jurisdictions outside of the United States. However, this reality is incongruous with the importance of the limitations, such as descriptive and nominative uses, in promoting freedom of commerce, market competition, free speech, and cultural dynamics. Against this backdrop, Charting Limitations on Trademark Rights is the first comprehensive academic volume detailing limitations in trademark rights from both theoretical and comparative perspectives. The book presents new theoretical perspectives to justify trademark rights limitations, re-examines the nature of these limitations, delineates the scope of the limitations, and offers comparative studies of the limitations. With contributions from leading trademark scholars in the EU, US, and Asia, this is a must read for scholars, students, practitioners, and policymakers with an interest in the theories, policies, and doctrines of trademark law.

Trademark scholarship has focused largely on the protection of trademark rights against consumer confusion and the dilution of trademarks. Studies of limitations on trademark rights, meanwhile, have remained relatively peripheral, especially in jurisdictions outside of the United States. However, this reality is incongruous with the importance of the limitations, such as descriptive and nominative uses, in promoting freedom of commerce, market competition, free speech, and cultural dynamics. Against this backdrop, Charting Limitations on Trademark Rights is the first comprehensive academic volume detailing limitations in trademark rights from both theoretical and comparative perspectives. The book presents new theoretical perspectives to justify trademark rights limitations, re-examines the nature of these limitations, delineates the scope of the limitations, and offers comparative studies of the limitations. With contributions from leading trademark scholars in the EU, US, and Asia, this is a must read for scholars, students, practitioners, and policymakers with an interest in the theories, policies, and doctrines of trademark law.

The Copyright/Trademark Interface How the Expansion of Trademark Protection Is Stifling Cultural Creativity Martin Senftleben The registration of cultural icons as trademarks has become a standard protection strategy in the field of contemporary cultural productions and plays an ever-increasing role in the area of cultural heritage. Attempts to register and ‘evergreen’ the protection of cultural signs, ranging from ‘Mickey Mouse’ to the ‘Mona Lisa’, are no longer unusual. This phenomenon – characterized by the EFTA Court as trademark registrations motivated by ‘commercial greed’ – has become typical of an era where trademark law is employed strategically to withhold or remove cultural symbols from the public domain. In an extraordinary analysis of the clash between culture and commerce, and imbalances caused by protection overlaps arising from cumulative copyright and trademark protection, this book draws attention to the corrosive effect of indefinitely renewable trademark rights and underscores the necessity to safeguard central preconditions for the proper functioning of the copyright system in society at large: the freedom to use pre-existing works as reference points for the artistic discourse and building blocks for new creations, and the need to ensure the constant enrichment of the public domain. Emphasizing how overlapping copyright and trademark protection endangers the proper functioning of intellectual property rights in the literary and artistic domain, the author examines whether the intellectual property system is capable of mitigating the risks arising from cumulative protection. Such issues and topics as the following are treated in depth: the different configuration of intellectual property rights in accordance with different policy objectives and societal functions, in particular the cultural imperative in copyright law and the market transparency imperative in trademark law; problems arising from the registration of cultural icons for use on souvenir and merchandising articles; lack of sufficient safeguards in trademark law against cultural heritage branding; current scope of trademark rights, including the protection of brand value and communication functions, and the deterrent effect of trademark protection on cultural creativity; possibility of a categorical exclusion of contemporary cultural icons and cultural heritage material from trademark protection; development of a strict gatekeeper requirement of ‘use as a mark’ to prevent unjustified trademark infringement claims; development of robust, culturally based defences against trademark infringement claims; and general guidelines for the regulation of protection overlaps in intellectual property law, based on insights derived from the analysis of copyright/trademark overlaps. Drawing on aesthetic, sociological and economic theories that support initiatives to safeguard the autonomy of the literary and artistic domain and support remix activities of artists, the author suggests sound criteria for identifying signs with cultural significance that should be excluded from trademark registration. The book shows how intellectual property law can make rights cumulation strategies less attractive and avoid the loss of inner consistency and social legitimacy, easing the tension between indefinitely renewable trademark rights and the need to preserve and cultivate the public domain of cultural expressions and other intellectual creations that enjoy protection for a limited period of time, such as industrial designs and technical know-how. Its assessment criteria will assist and enable trademark examiners and judges to identify relevant cultural signs, and its proposals for regulatory responses to protection overlaps in intellectual property law will prove of great and lasting value to lawyers, policymakers, and scholars dealing with intellectual property law.

This book systematically studies the structural characteristics of IP laws and regimes of major Asian economies, including (but not always) China, Hong Kong, India, Indonesia, Japan, Korea, Malaysia, Singapore, Taiwan, and Thailand. It explores and crystallizes some worthy Asian models which could further help the development of international IP laws. This book begins with an overview of Asian modern history and IP laws. It discusses the three basic IP laws in Asia which are patent law, trademark law and copyright law. It looks at the pre-established damages for copyright infringement and trademark counterfeiting. The book also deals with problems with trade secret and its over-protection. It compares IP laws and four industries in India and China, and examines what role have IP laws played in the development in those industries and how India and China can learn from each other. Finally, it examines one medium and one small-sized Asian economy on its respective struggle (Taiwan’s efforts to build a coherent IP exhaustion regime) and a success story (how Singapore has utilized IP to secure its position in global value chains). This book is a useful reference for law students, scholars, practitioners, IP professionals who are interested in knowing Asia, Asian IP laws and industries, their struggles and finding ways to better global IP laws. The case studies could provide helpful lessons for other Asian economies and beyond.

The Complete Do-It-Yourself Kit for Creating Powerful, Interactive Presentations Master presenter Gene Zelazny has shown thousands of professionals around the world how to design and deliver successful presentations. Now, he combines his bestselling Say It With Charts with his Say It With Charts Workbook into one comprehensive volume-complete with an all-new CD that lets you download and implement Zelazny's potent PowerPoint charts, graphs, and visuals! This first-of-its-kind Toolkit reveals time-tested tips for putting your message in visual form and translating data into eye-catching, persuasive charts and multimedia presentations. Zelazny offers step-by-step advice on selecting and preparing the right charts, emphasizing key points, and encouraging your audience become active participants. He also shows you how to use today's digital technologies to create easy-to-follow, attention-grabbing visuals. Nowhere else will you find such comprehensive, authoritative information on: The different types of charts for any presentation Audience-tested techniques for communicating information Hands-on recommendations for lettering size, color, appropriate chart types, and more Techniques for dramatic eVisuals using animation, scanned images, sound video, and links to pertinent websites Tactics for customizing graphics to specific audiences

Get beyond the basics with Excel 2007 charts Now you can take your Excel charting skills to the next level with help from this hands-on guide. Excel 2007 Charts Made Easy shows you how to upgrade from simple pie and bar charts to rich data visualization using the full range of charts available in the latest version of the software. Discover how easy it is to create custom charts with compelling effects and to display data in more meaningful ways. Manually format chart components Show trends in your data with line charts Combine line and pie charts to create area charts Plot data using scatter charts and bubble charts Create and format stock charts Connect three data points with a surface chart Display the relationship between various data series using doughnut charts Compare data values with radar charts Use PivotTables and PivotCharts to work with dynamic data Incorporate Excel charts into Word documents and PowerPoint presentations

This chapter is from Statistics for Six Sigma Made Easy, a simple guide to using the powerful statistical tools of Six Sigma to solve real-world problems. Warren Brussee, a Six Sigma manager who helped his teams generate millions of dollars in savings, shows how to plot, interpret, and validate data for a Six Sigma project. The basic statistical tools in the book can be applied to manufacturing, sales, marketing, process, equipment design, and more. Best of all, no background in statistics is required to start improving quality and initiating cost-saving improvements right away.

Step-by-step guide to creating compelling, memorable presentations A chart that once took ten hours to prepare can now be produced by anyone with ten minutes and a computer keyboard. What hasn't changed, however, are the basics behind creating a powerful visual - what to say, why to say it, and how to say it for the most impact. In Say It With Charts, Fourth Edition --the latest, cutting-edge edition of his best-selling presentation guide -- Gene Zelazny reveals time-tested tips for preparing effective presentations. Then, this presentation guru shows you how to combine those tips with today's hottest technologies for sharper, stronger visuals. Look to this comprehensive presentation encyclopedia for information on: * How to prepare different types of charts -- pie, bar, column, line, or dot -- and when to use each * Lettering size, color choice, appropriate chart types, and more * Techniques for producing dramatic eVisuals using animation, scanned images, sound, video, and links to pertinent websites

More than any other, the direct access trader depends on a keen knowledge of technical analysis—charts, oscillators, price, and volume—to determine optimal entry and exit points. Technical Analysis introduces basic charts, screens, and analysis, and covers popular analytic systems including price, volume, and volatility; support and resistance; and relative strength and trends. It also explains how to combine technical and fundamental analysis for taking advantage of the best aspects of each.