Charting Limitations on Trademark Rights

Haochen Sun is Professor of Law at the University of Hong Kong. He specializes in intellectual property, technology law, and Chinese law. Haochen's opinions about intellectual property and technology law have appeared in numerous media outlets including BBC News, Forbes, The Los Angeles Times, The New York Times, South China Morning Post, Ming Pao, and The Wall Street Journal. Barton Beebe is the John M. Desmarais Professor of Intellectual Property Law at NYU School of Law and co-Director of the Engelberg Center on Innovation Law & Policy at NYU. Previously, he has been the James S. Carpentier Visiting Professor of Law at Columbia Law School, the Anne Urowsky Visiting Professor of Law at Yale Law School, the Cheng Yu Tung Visiting Professor at The University of Hong Kong Faculty of Law, a Visiting Professor of Law at Stanford Law School, and a Visiting Research Fellow at Merton College, Oxford.

Introduction: Charting LimitationsHaochen Sun:
Part I: Justifications for Limitations
1: Mark McKenna: Externalizing Trademark's Limits
2: Jeanne Fromer: The Role of Creativity in Granting and Limiting Trademark Rights
3: David Tan: Logo Hacking, Downmarket Irony, Counterfeit Chic: A Study of Contemporary Fashion Trends and Their Implications for Trademark Law
Part II: Nature of Limitations
4: Carys Craig: Gripe Sites & Trademark User Rights: Lessons from Canada's Cooperstock Case
5: Mark Lemley: Fame, Parody, and Policing in Trademark Law
6: Martin Senftleben: Safeguarding Freedom of Artistic Expression in the EU: Towards a Legal Presumption of Fair Use
Part III: Scope of Limitations
7: Lionel Bently: Limitations on Pharmaceutical Trade Marks in Britain in the Twentieth Century
8: Robert G. Burrell: The Exceptional Nature of the Right to Control Use in Advertising
9: Michael Handler: : Reimagining Trade Mark Exhaustion: Does Australia's New Defence Offer a Way Forward?
Part IV: Comparative Studies of Limitations
10: Haochen Sun: Creative Destruction of the Civil Law Tradition: Lessons from Chinese Trademark Law
11: Kung-Chung Liu: Limitations of Trademark Rights in Major Asian Jurisdictions
12: Arpan Banerjee: The Constitutional Basis for Trademark Parodies in India and South Africa
13: Christoph Rademacher & Roberto Carapeto: Trademark Parody under Japanese Trademark Law: Finding the Line of Japanese Humor