Bhagwan, Ashitha and Kulkarni, Namita and Ramanujam, Padmanabha (2007): Economic Rationale For Extending Protection To Smell Marks.
Preview |
PDF
MPRA_paper_5604.pdf Download (135kB) | Preview |
Abstract
In the traditional view of trademark law, a trademark serves its brand-identifying function. Consequently, marks which consumers actually use to identify the source of a product were allowed protection. James Hawes was the first commentator to assert that product scent merits trademark protection. This paper presents a study which discusses the appropriateness of trademark protection for fragrances. It is also argued that there exists some economic justification for allowing new forms of non-standard marks and in particular smell marks.
| Item Type: | MPRA Paper |
|---|---|
| Original Title: | Economic Rationale For Extending Protection To Smell Marks |
| Language: | English |
| Keywords: | smell marks; fragrances and non-standard marks |
| Subjects: | K - Law and Economics > K1 - Basic Areas of Law > K11 - Property Law |
| Item ID: | 5604 |
| Depositing User: | Padmanabha Ramanujam |
| Date Deposited: | 05 Nov 2007 |
| Last Modified: | 27 Sep 2019 00:22 |
| URI: | https://mpra.ub.uni-muenchen.de/id/eprint/5604 |
All papers reproduced by permission. Reproduction and distribution subject to the approval of the copyright owners.
 |
View Item |
