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The Luxury Economy and Intellectual PropertyCritical Reflections$
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Haochen Sun, Barton Beebe, and Madhavi Sunder

Print publication date: 2015

Print ISBN-13: 9780199335701

Published to Oxford Scholarship Online: October 2015

DOI: 10.1093/acprof:oso/9780199335701.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 02 December 2021

A Perspective from Asia

A Perspective from Asia

Special Protection for Luxury Brands— Legal Sense or Nonsense?

Chapter:
(p.289) 14 A Perspective from Asia
Source:
The Luxury Economy and Intellectual Property
Author(s):

David Llewelyn

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199335701.003.0014

This chapter considers the question of whether broader legal protection should be accorded to luxury brands because they spend more on advertising and promoting their products. It suggests that the law already seems to provide the industry with adequate protection against unauthorised use by others which deceive or is likely to confuse as to trade connection, even if that confusion is fleeting in nature and quickly dispelled. British courts, for instance, which have traditionally been reluctant to give wide protection, have accepted in a number of cases that “initial interest confusion” is sufficient for a finding of trade mark infringement. Additionally, where the brand is well-known it is protected against parasitic use that does not confuse. It is argued that the fair-minded observer should pause before moving further down the road towards protecting investment per se, which seems to be the aim of at least some owners of so-called luxury brands.

Keywords:   luxury brands, luxury goods, intellectual property protection, legal protection

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