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The scope of the additional protection to be given to trade marks over and above the function of indication of origin

Ilanah Simon Fhima

Discusses the development of ideas of the nature of trade marks and brands since Frank Schechter’s 1927 Harvard Law Review article, ‘The Rational Basis of Trademark Protection’. Points out problems with all the theoretical approaches that have been adopted.

‘Dilution by Blurring—A Conceptual Roadmap’ (2010) 1 IPQ 44–87