Linguistic analysis in trade mark law: current approaches and new challenges

Trade mark law regulates a field of commercially and culturally important language behaviour by means of a conceptual framework that differs significantly from any corresponding terminology or overall approach in linguistics or related fields. The chapter describes the interaction that has taken place between law and linguistics on this subject. It begins with a summary of the main legal measures governing verbal signs used as marks, taking European Union trade mark law as the main point of reference but introducing US law as appropriate. The chapter then describes how courts address language-related questions, and asks how compatible the understanding of communication relied on in trade mark law is with accounts developed in other fields. Highlighting both commonality and contrast, the authors examine the contribution made to trade mark law by linguists in two major traditions: an applied linguistic tradition of expert evidence; and an interdisciplinary tradition of efforts to understand trade marks in semiotic terms. Both traditions have been mainly concerned with US trade mark law. The chapter argues, however, that although it is largely US scholars who have paid most attention to linguistic issues in trade mark law, the insights and unresolved questions raised can also illuminate approaches taken by European courts. The chapter concludes by asking how research might be developed further in collaboration between lawyers and linguists

HAVE A BREAK and the changing demands of trademark registration

This article explores, from the point of view of both law and linguistics, how far the application and effect of the law of registered trade marks is shaped not only by legislative initiative but also by changing consumer behaviour and the shifting linguistic currency of the particular signs used (or proposed for use) as marks. It does so by focusing on the thirty-year campaign to register HAVE A BREAK for a chocolate bar, marketed as ‘KitKat’. It considers the changing approach of courts both to inherent distinctiveness and to distinctiveness acquired through use. It also considers the relationship between the average consumer test for distinctiveness and the public interest in leaving certain signs free. It suggests that while the present trade mark regime is open to the registration of slogans, it is not clear that courts have sufficiently considered the public interest implications of increasing trade mark protection in this way

Pragmatics in legal interpretation

How should pragmatic dimensions of meaning be understood when they occur in the frequently normative use of language in law? In this chapter, referring principally to common law systems, we outline how pragmatic issues arise in the interpretation of legal texts; we describe how legal interpretation has treated indirect and implied meaning; and we ask how far dialogue between linguistic pragmatics and law can enrich thinking and practice in each of these fields

Mold diseases of chickens and turkeys

Cover title.Includes bibliographical references

Coccidiosis in fowls

Cover title

Tuberculosis of poultry

Cover title.Includes bibliographical references

Limberneck (botulism) in fowls

Caption title."April, 1940."Limberneck (botulism) is the name given to the disease which results from birds eating and absorbing the poison excreted or thrown off by a bacterium (clostridium botulinum). This organism was first isolated from spoiled sausages and for that reason the disease was called botulism, which is the Latin word for sausage. There are two types, A and C, of the bacteria which may produce limberneck in fowls. It should be mentioned that extensive losses have occurred in the United States in wild waterfowls caused by the botulism Type C."--Page 1

Blackhead in turkeys : surgical control by cecal abligation

Publication authorized February 13, 1930.Digitized 2007 AES.Includes bibliographical references (pages 31-32)

Coccidiosis in chickens and other birds

Cover title

Discrete Lie Advection of Differential Forms

In this paper, we present a numerical technique for performing Lie advection of arbitrary differential forms. Leveraging advances in high-resolution finite volume methods for scalar hyperbolic conservation laws, we first discretize the interior product (also called contraction) through integrals over Eulerian approximations of extrusions. This, along with Cartan's homotopy formula and a discrete exterior derivative, can then be used to derive a discrete Lie derivative. The usefulness of this operator is demonstrated through the numerical advection of scalar fields and 1-forms on regular grids.Comment: Accepted version; to be published in J. FoC