Skip to main content Accessibility help
×
Hostname: page-component-68945f75b7-k8jzq Total loading time: 0 Render date: 2024-09-04T21:20:10.183Z Has data issue: false hasContentIssue false

16 - Traversing the cultures of trade marks: observations on the anthropological approach of James Leach

Published online by Cambridge University Press:  13 April 2010

Megan Richardson
Affiliation:
Associate Professor in the Law Faculty University of Melbourne Australia
Lionel Bently
Affiliation:
University of Cambridge
Jennifer Davis
Affiliation:
University of Cambridge
Jane C. Ginsburg
Affiliation:
Columbia University, New York
Get access

Summary

Anthropology, we are told, involves the study of societies, so an anthropological perspective on trade marks, by definition, entails a search for social meaning. James Leach notes that a ‘trade mark’ is, in legal terms, a sign used to denote the source of a trader's goods or services in the market. The legislators’ conception of a trade mark, reinforced by countless judicial statements and scholarly pronouncements, however, only gives a partial account of trade marks. In particular, it suggests that the central function of trade marks is to mediate between supply and demand in a mass market economy. This leads to a delimited role for trade marks, under which (as Dr. Leach says) ‘the primary value of the sign is not in itself, but in reference to a real thing in the world, a service (labour) of others, or an item that is used/consumed by its receiver’. Or, in the words of Duncan Kerly from the first edition of his Law of Trade Marks, published in 1894, a trade mark is ‘a symbol … applied or attached to goods … offered for sale in the market …, so as to distinguish them from similar goods, and to identify them with a particular trader …’, the implication being that they have no other important function. Nevertheless, it may be questioned whether this conception fully accounts for the operation of trade marks in practice or even under law.

Type
Chapter
Information
Trade Marks and Brands
An Interdisciplinary Critique
, pp. 343 - 358
Publisher: Cambridge University Press
Print publication year: 2008

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×