Anything Under the Sun Made by Man: The New Motto for Trademark Law?
A Presentation by Dr. Demian Stauber
Tuesday, April 7, 2009
Download Dr. Stauber's presentation
In recent years, trademark offices around the world have been confronted with a rising tide of applications for non-traditional marks (e.g., colors, shapes, sounds, smells). ”Fuer Elise”, “cherry sented race car exhaust” or “yellow” are just some examples of signs that trademark offices have found worthy of protection. However, the requirements for protection of non-traditional marks differ markedly in various jurisdictions, as potentially unwelcome surprise for businesses that are not aware of these particularities when they create and promote such a mark internationally.
Dr. Stauber's talk will provide non trademark specialists with a comparative overview over what kind of signs are eligible for trademark protection in the United States and in Switzerland and Europe as well as the basic requirements for protectability. It will highlight possible pitfalls for lawyers on both sides of the Atlantic based on the different understandings of the basic function of trademark law and policy in Europe and the US.
Demian Stauber graduated summa cum laude from the University of Zurich School of Law in Switzerland in 2003. He then joined Homburger, a top Swiss law firm, as a junior associate. From 2005 to 2008 Demian clerked at the Commercial Court of Aargau, Switzerland. In 2006, he was admitted to the Bar. Demian has published articles on intellectual property as well as on debt enforcement and tort law. In September 2008, Demian obtained his Doctorate of Law from the University of Berne, summa cum laude, for a doctoral thesis in contract law, written under the supervision of former Swiss Chief Justice Prof. Hans Peter Walter. Demian is currently pursuing an LL.M. in Trade Regulation, with an empahsis on intellectual property law at NYU School of Law, where he was awarded a Hauser Global Fellowship.