international trademark

Prof. Peter K. Yu

Benjamin N. Cardozo School of Law. Yeshiva University

Spring 2003

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suggested paper topics

Comparative Trademark Issues

  • Territoriality of Trademark Rights

  • Trademarks in Foreign Language

  • Genericism and Foreign Languages

  • Trademarks and the First Amendment

  • Trademarks and Consumers

  • Bad Faith and Conflicting Trademarks

  • Dilution and Protection of Famous Marks

  • Protection of Unused, Unregistered Marks

  • Geographical Indications

  • Convergence of Copyright and Trademark Laws

  • Judicial Misuse of Trademark Law on Copyrighted Works

  • Judicial Misuse of Copyright Law on Trademarked Products

International Intellectual Property Regimes

  • The Paris Convention

  • The Madrid Agreement and Protocol

  • U.S. Accession to the Madrid System

  • TRIPs and Global Counterfeiting Problem

  • TRIPs and Famous Marks

  • TRIPs and Geographical Indications

  • National Treatment and Reciprocal Protection of Intellectual Property Rights

  • WTO Dispute Settlement Mechanism and Its Effectiveness in Ensuring Compliance with the TRIPs Agreement

  • The Creation of International Intellectual Property Norms

  • The Formation of Regional Intellectual Property Regimes

  • Protection of Global Intellectual Property Rights Under APEC-like Regimes

  • Enforcement of Intellectual Property Rights in the Less Developed Countries (and in the Global Marketplace)

  • Parallel Imports and International Exhaustion

  • Treaty Interpretation and the Meaning of International Intellectual Property Agreements

International Trademark and Domain Names

  • First WIPO Internet Domain Name Process

  • Second WIPO Internet Domain Name Process

  • Domain Names and Trademark Rights

  • Domain Names and Dilution

  • Domain Names and First Amendment

  • Uniform Domain Name Dispute Resolution Policy


  • ccTLD and Cybersquatting in Foreign Countries

  • ccTLD and Economic Development of Less Developed Countries

  • Foreign-Character Domain Names

  • Best Practices of Domain Name Registries

  • Domain Name Registration Agreements

  • National Sovereignty and the Control of the A-Root Servers

  • Regulation of Domain Names and Its Impact on Society and Culture

  • Jurisdictional Issues and Trademark Infringement on the Internet

  • Conflict-of-Laws and Choice-of-Laws Issues in Cyberspace

  • Extraterritorial Jurisdiction and Choice of Forum in the Global Marketplace

  • The Draft Hague Convention of Jurisdiction and Recognition of Judgments

  • Res Judicata on Trademark-Related Judgments

Trademark in the European Union

  • Likelihood of Confusion and Likelihood of Association

  • EU Trademark Directive and Regulations

  • Community Trade Marks

  • Benelux and EU Trademark Offices

  • State Sovereignty and Harmonization of Trademark Laws

  • Tension Between National Courts and the European Court of Justice

  • Limits of EU Harmonization Directives

  • Intellectual Property Rights and the EU Legislative Processes

Trademark in Foreign Countries

        The 2001 National Trade Estimate Report on Foreign Trade Barriers is the most recent annual report issued by the Office of the United States Trade Representatives surveying the significant foreign barriers to U.S. exports.  The document was submitted to the President, the Senate Finance Committee, and appropriate committees in the House of Representatives to inform them about foreign barriers affecting U.S. exports of goods and services, foreign direct investment by U.S. businesses, and the protection of intellectual property rights.  The document contains a section on intellectual property rights protection, which examines current problems and recent development concerning the protection of intellectual property rights in foreign countries.

        In addition, various interest groups issue reports and position papers concerning the protection of intellectual property rights in the international community in general and foreign countries in particular.  These organizations include International Intellectual Property Alliance, Business Software Alliance, International Anti-Counterfeiting Coalition, Pharmaceutical Research and Manufacturers Association of America, International Trademark Association, Motion Picture Association of America, Recording Industry Association of America, International Federation of the Phonographic Industry, Microsoft Corporation, and Nintendo Corporation.

        Information is also available at websites of local government agencies and intergovernmental and nongovernmental organizations that deal with the  protection of intellectual property rights.  Some websites may contain information in the local language only.

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Last Updated: 28/01/08

2001 Peter K. Yu
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