Fhima, Ilanah Simon --- "Introduction" [2009] ELECD 268; in Simon Fhima, IIanah (ed), "Trade Mark Law and Sharing Names" (Edward Elgar Publishing, 2009)

Book Title: Trade Mark Law and Sharing Names

Editor(s): Simon Fhima, IIanah

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781847202796

Section: Chapter 1

Section Title: Introduction

Author(s): Fhima, Ilanah Simon

Number of pages: 10

Extract:

1. Introduction
Ilanah Simon Fhima

1. WHY A BOOK ON SHARING NAMES?
In using the term `sharing names', this book refers to situations where trade
mark owners (and, in some circumstances, those who hold rights protected by
the law of passing off) find themselves in a situation where another trader is
concurrently using a mark which is identical or very similar to that held by the
trade mark owner. This can happen voluntarily, for example, when a trade mark
owner decides to license his mark to another trader in respect of part of his busi-
ness but continues to use the mark for the rest of his business. It may also happen
involuntarily, for example, when another trader starts using a very similar mark
without the owner's authorization in an infringement-type situation.
The sharing of names may seem like a rather abstract theme for a book.
However, it is hoped that this volume will persuade readers that this subject is
of great practical importance. The range of topics covered in the chapters shows
that it has a place in every aspect of trade mark law, from registrability to
infringement to transactions involving trade marks. In all of these areas, traders
are either asking the authorities to give legal recognition to the ways in which
they are voluntarily sharing their trade marks, or to stop other traders from shar-
ing their marks without their authorization.
Perhaps more importantly, the ability of traders to share names and the
traders' inability ...