Trademark Publications

Here are my recent publications on trademarks law – you can download a copy by clicking on the title.

A Comparative Analysis of the Three-Step Tests in International Treaties IIC - International Review of Intellectual Property and Competition Law, Vol. 45, No. 4 (2014). This article undertakes a detailed comparison of each element of each step of the three-step test, across all implementations of the test.  It shows that each version of the test contains differences in meaning, and that these differences often have practical significance.  As a result, it provides additional support for the view that there is no such thing as the three-step test – rather, there are eight three-steps tests, each of which is uniquely different.

Blood, Toil, Tears and Sweat: the Battle of Sidamo European Intellectual Property Review, Vol. 32, No. 9 (2010). This article tells the story of the battle between a US multi-national corporation and one of the world’s poorest countries over control of the name of a premium coffee growing region, and illustrates the supremacy of trade marks over geographical indications, the strategic importance of licence agreements, and the potential for the intellectual property system to be used to benefit the citizens of least developed countries.