Recent Developments in the Protection of Trademarks and Trade Names in the European Union: From Conflict to Coexistence? (original) (raw)

Paris Convention"). Article 1(2) concerning the scope of industrial property provides: "The protection of industrial property has as its object. .. trademarks, service marks, trade names, indications of source or appellations of origin, and the repression of unfair competition." 7. First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trademarks (referred to herein as the "Trademark Directive," europa.eu.int/eur-lex/en/consleg/pdf/1989/en_1989L0104_do_001.pdf. 8. Sir Duncan Kerly, The Law of TradeMarks , TradeNames , and Merchandise Marks 12-17 (Sweet & Maxwell 1894). Sir Duncan continued: "These badges are generally numerous, and they comprise in particular the name under which he trades, that is, his tradename ; the names or titles by which his goods are referred to, that is, the tradename of his goods; and the fashion or 'get up' in which the goods appear in the market, so far as these are distinctive of his trade and goods." Id. at 13. Similarly, see Frank I. Schechter, The Historical Foundations of the Law Relating To Trademarks 5 (1925). 9. Paris Convention, see supra note 6. 105. Case C-63/97 Bayerische Motorenwerke AG (BMW) and BMW Nederland BV v.