Brands, Competition Law and IP

Introduces the emerging field of brand law and explores its interaction with the economics of modern branding.

Deven R. Desai (Edited by), Ioannis Lianos (Edited by), Spencer Weber Waller (Edited by)

9781107103467, Cambridge University Press

Hardback, published 20 July 2015

282 pages, 2 b/w illus. 6 tables
23.5 x 15.9 x 2 cm, 0.55 kg

Brands and brand management have become a central feature of the modern economy and a staple of business theory and business practice. Contrary to the law's conception of trademarks, brands are used to indicate far more than source and/or quality. This volume begins the process of broadening the legal understanding of brands by explaining what brands are and how they function, how trademark and antitrust/competition law have misunderstood brands, and the implications of continuing to ignore the role brands play in business competition. This is the first book to engage with the topic from an interdisciplinary perspective, hence it will be a must-have for all those interested in the phenomenon of brands and how their function is recognized by the legal system. The book integrates both a competition and an intellectual property law dimension and explores the regulatory environment and case law in both Europe and the United States.

Introduction Deven R. Desai, Ioannis Lianos and Spencer Weber Waller
Part I. Brands, Price Theory and Business Studies' Perspectives: 1. An introduction to the competitive effects of branding Peter Davis and Kirsten Edwards-Warren
2. Bayer or Walgreen's? The relationship of premium and value brands in the United States James Langenfeld, Wenqing Li and Sophie Yang
3. The value of brands and the challenge of free riding Tony Appleton and John Noble
Part II. Brands and Competition Law: 4. Brands, competition and antitrust law Deven R. Desai and Spencer Weber Waller
5. Brands and brand management: insights from marketing for antitrust Gregory T. Gundlach and Joan M. Phillips
6. Brands and market power: a bird's eye view Daniel A. Crane
7. The two sides of brand marketing: reconsidering competition law governing distribution restraints Warren S. Grimes
8. Brands, product differentiation and EU competition law Ioannis Lianos
9. Private labels, brands and competition law enforcement Ariel Ezrachi and Ketan Ahuja
Part III. Brands and IP Law: 10. Trademark dilution and the management of brands: implications of the Trademark Dilution Revision Act for marketing and marketing research John D. Mittelstaedt
11. Trademark law meets branding? Ilanah Fhima
12: Brands, firms and competition Andrew Griffiths.

Subject Areas: Intellectual property law [LNR], Competition law / Antitrust law [LNCH], Company, commercial & competition law [LNC], Law [L], International business [KJK]