Scott E. Thompson, Shareholder, Greenberg Traurig LLP
I have been fortunate enough to have practiced trade mark law for the past 24 years and to have done so both in private practice and with three leading multinational corporations, including Philip Morris (now Altria) and serving as the head of Global Trademarks for two companies, Colgate-Palmolive Company and GlaxoSmithKline. As one can imagine, I have been involved in significant and precedent-setting litigation in literally dozens of countries. While no international trade mark attorney is truly an expert in every jurisdiction around the world, we are often called upon to provide early analysis to our clients on such matters. Certainly, years of experience provides a great foundation for offering international trade mark litigation advice. And now this book offers a fantastic tool for quick, useful and up-to-date information to supplement the personal experience of international trade mark attorneys.
The essentials are presented in a easy to read, thoughtful, clear and concise manner. Starting with the basic questions which we all face, like ‘can I oppose or cancel this trade mark’ in a particular country, the basis for taking such action – like national or supranational rights and the procedures for doing so, are here at your fingertips. The information provided then delves into the more challenging questions – which are faced by large and small companies, entrepreneurs and individual trade mark owners alike – such as protecting unregistered trade marks, the growing acceptance of dilution for famous trade marks and challenging domain names that infringe upon trade mark rights. But the authors, all with impressive credentials and solid trade mark litigation experience in their respective countries, go further. Readers are offered useful information on defending themselves with invalidation arguments, on the structure of litigation like who can be a party to a case, what enforcement options are available, including when preliminary relief may be obtained, and even estimated costs for all of these types of actions. As a bonus, useful references are provided at the end of each chapter for the countries covered in this book.
While there is no substitute for reliance upon skilled trade mark professionals in the local jurisdictions in which one may be enforcing trade mark rights or defending those faced with such enforcement proceedings, this book is a must-have desk reference that provides the foundational information on which to make basic decisions, provide preliminary advice to common questions and in which to engage in discussions with expert counsel in each country.
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Scott E. Thompson is the former Vice-President, Global Trademarks, GlaxoSmithKline