Bhagwan, Ashitha and Kulkarni, Namita and Ramanujam, Padmanabha (2007): Economic Rationale For Extending Protection To Smell Marks.
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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|
|Keywords:||smell marks; fragrances and non-standard marks|
|Subjects:||K - Law and Economics > K1 - Basic Areas of Law > K11 - Property Law|
|Depositing User:||Padmanabha Ramanujam|
|Date Deposited:||05. Nov 2007|
|Last Modified:||12. Feb 2013 21:13|