이 책은 우리나라의 상표제도나 용어에 익숙한 우리나라의 독자에 맞도록 미국의 연방상표법상의 용어보다는 우리나라의 상표법상의 용어로 수정하여 표현하거나 번역하도록 노력하였다. 아울러 독자의 대상을 우리나라의 상표제도에 어느 정도 익숙한 기업의 상표관련 업무담당자 또는 특허법률사무소의 상표관련 변리사나 변호사, 직원들로 맞춰서 책의 내용을 보다 쉽게 이해할 수 있도록 가능한한 많은 사례를 포함시키는 한편 혼동하기 쉬운 용어와 내용은 가능한 한 도표로 비교·정리하였다. 나아가 우리나라와 미국의 상표제도를 서로 비교·분석하여 양국의 제도적인 공통점과 차이점을 보다 쉽게 파악할 수 있도록 노력하였다.
차 례
❙제1장❙ 미국의 상표 보호 체계
제1절 총 설 ··············································································································· 1
Ⅰ. 商標와 Trademark / 1
Ⅱ. 상표권의 상표 사용에의 부속 원칙 / 4
Ⅲ. 사용주의 / 6 Ⅳ. 상표 보호 이론 / 8
Ⅴ. 상표 보호의 법원 / 10
제2절 미국의 상표 보호 체계 ······················································································ 12
Ⅰ. 보통법과 제정법의 공존 / 12
Ⅱ. 연방상표법과 주상표법의 공존 / 15
Ⅲ. 연방상표법과 특허법, 저작권법과의 관계 / 21
제3절 미국의 연방상표 관련 기관, 법령 및 심사기준 등 ············································ 31
Ⅰ. 의 의 / 31
Ⅱ. 연방상표법에 따른 상표의 출원·심사·등록·심판 관련 기관 / 31
Ⅲ. 연방상표법의 체계 / 32 Ⅳ. 연방상표법 시행규칙 / 33
Ⅴ. 상표심사기준 / 33 Ⅵ. 상표심사가이드 / 33
Ⅶ. 특허상표청에서 인정되는 상품 및 서비스 목록 / 34
Ⅷ. 상표심판편람 / 34
Ⅸ. 미국이 가입한 상표관련 국제조약 / 34
제4절 우리나라의 제도와 비교·분석 ········································································· 35
Ⅰ. 우리나라의 제도 / 35 Ⅱ. 미국의 제도와 비교 / 37
❙제2장❙ 연방상표법의 개정 연혁
제1절 총 설 ················································································································· 40
제2절 유럽 주요 국가의 상표법 제·개정 연혁 ··························································· 41
Ⅰ. 영 국 / 41 Ⅱ. 프랑스 / 43
Ⅲ. 독 일 / 44
제3절 1870년 미국 최초의 연방상표법 제정 ······························································· 45
Ⅰ. 1870년 연방상표법 제정 전 / 45
Ⅱ. 1870년 최초의 연방상표법 제정 / 45
Ⅲ. 1876년 개정 / 47
제4절 1879년 연방대법원에 의한 연방상표법의 위헌 판결 ········································ 48
Ⅰ. 의 의 / 48 Ⅱ. 위헌 판결 근거 / 48
Ⅲ. 결 과 / 49
제5절 1881년 연방상표법 제정 ···················································································· 50
Ⅰ. 배 경 / 50 Ⅱ. 주요 내용 / 50
제6절 1905년 연방상표법 ···························································································· 51
Ⅰ. 미국 내 주 간의 상거래에 사용된 상표도 상표등록 허용 / 51
Ⅱ. 기술적 상표의 등록 불허 / 51
제7절 1920년 연방상표법 ···························································································· 52
Ⅰ. 배 경 / 52 Ⅱ. 주요 내용 / 52
제8절 1946년 Lanham Act 탄생 ··················································································· 53
Ⅰ. 배 경 / 53 Ⅱ. 주요 내용 / 54
제9절 미국 연방상표법의 주요 개정 연혁 ··································································· 55
Ⅰ. 1958년 상표심판원 설립 / 55
Ⅱ. 1962년 개정법에 의한 혼동의 주체와 개념의 확장 / 55
Ⅲ. 1975년 변호사 비용 배상제도 도입 및 특허청의 명칭을
특허상표청으로 개명 / 56
Ⅳ. 1982년 연방순회항소법원 설립 / 57
Ⅴ. 1984년 개정 / 57 Ⅵ. 1988년 상표법개정법 제정 / 58
Ⅶ. 1993년 NAFTA시행법 제정 / 61 Ⅷ. 1994년 UR 협정법 제정 / 61
Ⅸ. 1995년 연방희석화방지법 제정 / 62
Ⅹ. 1996년 위조상품방지소비자보호법 제정 / 62
Ⅺ. 1998년 상표법조약시행법 제정 / 62 Ⅻ. 1999년 개정 / 63
ⅩⅢ. 2002년 마드리드 의정서 시행법 제정 / 64
ⅩⅣ. 2006년 개정 / 64
ⅩⅤ. 2008년 지식재산을 위한 자원 및 조직 우선화법 제정 / 67
제10절 우리나라의 상표법 개정 연혁과 비교·분석 ··················································· 67
❙제3장❙ 연방상표법상 상표의 종류
제1절 총 설 ················································································································· 69
제2절 상 표 ················································································································· 69
Ⅰ. 의 의 / 69 Ⅱ. 연 혁 / 74
Ⅲ. 하우스 마크 / 75 Ⅳ. 패밀리 상표 / 76
Ⅴ. 트레이드 드레스 / 77 Ⅵ. 상호와 비교 / 77
Ⅶ. 도메인 이름과 비교 / 80
제3절 서비스표 ··········································································································· 81
Ⅰ. 의 의 / 81 Ⅱ. 연 혁 / 83
Ⅲ. 상표와 비교 / 83
제4절 증명표장 ··········································································································· 84
Ⅰ. 의 의 / 84 Ⅱ. 연 혁 / 86
Ⅲ. 종 류 / 86 Ⅳ. 상표 또는 서비스표와 비교 / 88
Ⅴ. 특 징 / 88
제5절 단체표장 ··········································································································· 90
Ⅰ. 의 의 / 90 Ⅱ. 연 혁 / 91
Ⅲ. 종 류 / 91 Ⅳ. 증명표장과 비교 / 92
제6절 우리나라의 제도와 비교·분석 ········································································· 93
Ⅰ. 상표의 종류 / 93 Ⅱ. 제도 도입 연혁 / 94
❙제4장❙ 연방상표법의 보호 대상
제1절 총 설 ················································································································· 98
제2절 문 자 ················································································································· 99
Ⅰ. 의 의 / 99
Ⅱ. 외국 문자의 보통명칭 등의 해당 여부 판단 / 99
Ⅲ. Phantom 상표 / 99 Ⅳ. 등록 사례 / 102
제3절 숫 자 ··············································································································· 102
Ⅰ. 의 의 / 102 Ⅱ. 등록 사례 / 102
제4절 슬로건 ············································································································· 103
Ⅰ. 의 의 / 103 Ⅱ. 보호 연혁 / 104
Ⅲ. 등록 사례 / 105
제5절 도 형 ··············································································································· 106
Ⅰ. 의 의 / 106 Ⅱ. 등록 사례 / 107
제6절 색 채 ··············································································································· 107
Ⅰ. 의 의 / 107 Ⅱ. 보호 연혁 / 108
Ⅲ. 출원 시 도면작성 방법 / 113 Ⅳ. 등록 사례 / 115
제7절 입체적 형상 ····································································································· 116
Ⅰ. 의 의 / 116 Ⅱ. 출원 시 도면작성 방법 / 116
Ⅲ. 등록 사례 / 117
제8절 홀로그램 ·········································································································· 118
Ⅰ. 의 의 / 118 Ⅱ. 등록 사례 / 118
제9절 동 작 ··············································································································· 119
Ⅰ. 의 의 / 119 Ⅱ. 출원 시 도면작성 방법 / 120
Ⅲ. 등록 사례 / 120
제10절 위 치 ············································································································· 122
Ⅰ. 의 의 / 122 Ⅱ. 등록 사례 / 122
제11절 소 리 ············································································································· 124
Ⅰ. 의 의 / 124 Ⅱ. 보호 연혁 / 125
Ⅲ. 출원 시 도면작성 방법 / 125 Ⅳ. 등록 사례 / 125
제12절 냄 새 ············································································································· 126
Ⅰ. 의 의 / 126 Ⅱ. 보호 연혁 / 126
Ⅲ. 출원 시 도면작성 방법 / 127 Ⅳ. 등록 사례 / 127
제13절 맛 ··················································································································· 128
제14절 촉 감 ············································································································· 128
Ⅰ. 의 의 / 128 Ⅱ. 등록 사례 / 129
제15절 빛 ··················································································································· 130
제16절 트레이드 드레스 ···························································································· 131
Ⅰ. 의 의 / 131 Ⅱ. 보호 연혁 / 131
Ⅲ. 종 류 / 138
Ⅳ. 연방상표법상 트레이드 드레스 보호의 법적 근거 / 146
Ⅴ. 트레이드 드레스의 보호 요건 / 146
Ⅵ. 트레이드 드레스와 디자인특허의 차이점 / 151
제17절 우리나라의 제도와 비교·분석 ····································································· 152
Ⅰ. 우리나라의 제도 / 152 Ⅱ. 미국의 제도와 비교 / 155
❙제5장❙ 상표권의 발생
제1절 총 설 ··············································································································· 156
Ⅰ. 보통법상의 상표권 / 156
Ⅱ. 주상표법에 따라 등록된 상표의 상표권 / 157
Ⅲ. 연방상표법에 따라 등록된 상표의 상표권 / 157
제2절 보통법상 상표권의 발생 ·················································································· 158
Ⅰ. 의 의 / 158 Ⅱ. 상표의 사용 / 159
Ⅲ. 보통법상 상표권의 범위 / 165
제3절 연방상표법에 따른 상표의 상업적 사용 및
등록상표의 상표권의 지역적 범위 ·································································· 169
Ⅰ. 의 의 / 169 Ⅱ. 상표의 상업적 사용 / 170
Ⅲ. 연방상표법상 등록상표의 상표권의 지역적 범위 / 177
제4절 연방상표법에 따른 상표등록의 혜택 ······························································ 181
Ⅰ. 의 의 / 181
Ⅱ. 주등록부에 대한 상표등록의 혜택 / 181
Ⅲ. 보조등록부에 대한 상표등록의 혜택과 한계 / 191
제5절 우리나라의 제도와 비교·분석 ······································································· 194
Ⅰ. 우리나라의 제도 / 194 Ⅱ. 미국의 제도와 비교 / 195
❙제6장❙연방상표법상 상표의 등록요건
제1절 총 설 ··············································································································· 200
Ⅰ. 의 의 / 200
Ⅱ. 상표의 등록요건과 보호 요건 / 200
제2절 식별력 ············································································································· 201
Ⅰ. 의 의 / 201 Ⅱ. 고유의 식별력 / 201
Ⅲ. 사용에 의한 식별력 / 202
Ⅳ. 식별력의 존부에 대한 판단 기준 / 212
제3절 부등록사유 ······································································································ 227
Ⅰ. 의 의 / 227 Ⅱ. 상표의 부등록사유 / 227
Ⅲ. 정 리 / 280 Ⅳ. 상표등록이 거절된 경우 / 282
제4절 우리나라의 제도와 비교·분석 ······································································· 282
Ⅰ. 우리나라의 제도 / 282 Ⅱ. 미국의 제도와 비교 / 290
❙제7장❙ 연방상표법상 상표의 선택·출원·심사·등록 및 그 이후의 절차
제1절 총 설 ··············································································································· 298
제2절 상표의 선택 ····································································································· 298
Ⅰ. 상표 조사 / 298 Ⅱ. 상표 조사 대상 / 300
Ⅲ. 상표 조사 방법 / 302
제3절 상표의 출원 ····································································································· 303
Ⅰ. 상표출원의 기초 / 303
Ⅱ. 상표의 실제 사용에 기초한 상표출원 / 305
Ⅲ. 상표의 사용의사에 기초한 상표출원 / 309
Ⅳ. 외국에서의 상표등록 또는 상표출원에 기초한 상표출원 / 312
Ⅴ. 마드리드 의정서에 의한 국제출원 / 314
Ⅵ. 대리인 / 315
제4절 출원상표에 대한 심사 ····················································································· 316
Ⅰ. 의 의 / 316 Ⅱ. 심사의 순서 / 317
Ⅲ. 방식심사 / 318 Ⅳ. 실체심사 / 320
Ⅴ. 심사관의 거절통지에 대한 출원인의 답변서 제출 / 322
Ⅵ. 심사관에 의한 심사중지 / 329 Ⅶ. 심사관과의 면담 / 329
Ⅷ. 제3자의 항의서 제출 / 330 Ⅸ. 상표등록의 이의신청 / 331
Ⅹ. 거절결정 / 331 Ⅺ. 거절결정에 대한 불복 / 332
제5절 상표의 등록 ····································································································· 334
Ⅰ. 의 의 / 334 Ⅱ. 상표권의 존속기간 / 334
Ⅲ. 상표등록의 효력 / 335
제6절 상표권의 유지 ································································································· 338
Ⅰ. 의 의 / 338 Ⅱ. 상품에 대한 등록상표 표시 / 338
Ⅲ. 상표사용선언서 제출 / 339 Ⅳ. 불가쟁의선언서 제출 / 350
Ⅴ. 상표권의 존속기간 갱신 / 353
제7절 우리나라의 제도와 비교·분석 ······································································· 354
Ⅰ. 상표의 사용의사 / 354 Ⅱ. 우선심사제도 / 355
Ⅲ. 상표등록 후 상표사용선언서 제출제도 / 357
Ⅳ. 상표등록 후 5년 경과 시 불가쟁력의 효력 발생 / 357
Ⅴ. 거절결정에 대한 심사관의 재심사제도 / 358
Ⅵ. 지정상품에 대한 개별상품 심사제도 / 358
Ⅶ. 부분거절 및 부분포기 제도 / 359 Ⅷ. 제3자의 항의서 제출제도 / 360
Ⅸ. 상표등록의 이의신청제도 / 360 Ⅹ. 주등록부 vs. 보조등록부 / 361
Ⅺ. 상표등록 후 등록상표의 보정과 상표의 구성 중 일부분에 대한 권리불요구 / 361
Ⅻ. 공존사용등록제도 / 362
❙제8장❙ 마드리드 의정서에 의한 미국에서의 상표등록
제1절 총 설 ··············································································································· 363
Ⅰ. 마드리드 협정 / 363
Ⅱ. 마드리드 의정서 / 366
Ⅲ. 우리나라와 미국의 마드리드 의정서 가입 / 371
Ⅳ. 미국의 마드리드 의정서 가입 시 선언사항 등 / 372
Ⅴ. 미국의 마드리드 의정서 가입에 따른 효과 / 372
제2절 우리나라 특허청을 본국관청으로 하여 미국을 지정국으로
지정하는 국제출원 ·························································································· 373
Ⅰ. 의 의 / 373
Ⅱ. 본국관청으로서 우리나라 특허청에서의 절차 / 375
제3절 국제사무국에서의 절차 ··················································································· 382
Ⅰ. 의 의 / 382 Ⅱ. 방식심사 / 382
Ⅲ. 국제등록 / 387 Ⅳ. 국제공고 / 389
Ⅴ. 지정국 중의 하나로서 미국의 특허상표청에 대한 지정통지 / 390
제4절 미국 특허상표청의 지정국관청으로서의 절차 ················································ 391
Ⅰ. 미국 특허상표청의 심사처리 절차 / 391
Ⅱ. 국제등록에 의한 국내등록의 대체 / 398
Ⅲ. 국제등록명의인의 상표사용선언서 제출 / 400
Ⅳ. 미국에서 보호확대가 결정된 상표의 불가쟁력 / 401
Ⅴ. 미국에서 보호확대가 결정된 상표에 대한 상표권의 양도 / 401
제5절 국제등록의 기초출원 또는 기초등록에의 종속과 독립 ··································· 402
Ⅰ. 의 의 / 402
Ⅱ. 국제등록의 기초출원 또는 기초등록에의 종속 / 402
Ⅲ. 국제등록의 기초출원 또는 기초등록으로부터의 독립 / 404
Ⅳ. 국제등록의 종속성에 따른 국제등록명의인의 구제:
국제등록의 국내출원으로의 전환 / 404
제6절 국제등록의 관리 ······························································································ 406
Ⅰ. 의 의 / 406 Ⅱ. 사후지정 / 406
Ⅲ. 국제등록의 존속기간 갱신 / 410 Ⅳ. 국제등록의 변경 / 413
Ⅴ. 사용권 / 417
제7절 우리나라의 제도와 비교·분석 ······································································· 419
Ⅰ. 조약의 가입과 선언사항 / 419
Ⅱ. 국제등록에 의한 국내등록의 대체 / 420
Ⅲ. 국내출원으로 전환된 상표출원의 특례 / 422
❙제9장❙ 상표권의 양도 및 등록상표의 사용허락
제1절 총 설 ··············································································································· 428
제2절 상표권의 양도 ································································································· 428
Ⅰ. 의 의 / 428
Ⅱ. 상표와 영업의 분리 양도 금지의 원칙 / 429
Ⅲ. 절 차 / 430
제3절 상표등록을 받을 수 있는 권리의 양도 ···························································· 432
Ⅰ. 상표의 실제 사용을 기초로 한 상표출원 / 432
Ⅱ. 상표의 사용의사를 기초로 한 상표출원 / 432
제4절 등록상표의 사용허락 ······················································································ 432
Ⅰ. 의 의 / 432 Ⅱ. 종 류 / 433
Ⅲ. 사용권자가 상표권자의 동의 없이 타인에게 등록상표의 사용을
재허락할 수 있는지의 여부 / 434
Ⅳ. 상표권자의 사용권자에 의해 생산되는 상품에 대한 품질관리 의무 / 434
Ⅴ. 사용권 설정등록 / 437
Ⅵ. 사용권자의 금반언(禁反言) 원칙 / 437
제5절 우리나라의 제도와 비교·분석 ······································································· 438
Ⅰ. 우리나라의 제도 / 438 Ⅱ. 미국의 제도와 비교 / 442
❙제10장❙ 상표권의 효력 상실
제1절 총 설 ··············································································································· 444
제2절 등록상표의 불사용 ·························································································· 444
Ⅰ. 의 의 / 444
Ⅱ. 등록상표의 3년간 계속 불사용 / 445
제3절 등록상표의 타인에 의한 무단 사용 묵인이나 오용 ········································· 447
제4절 영업과 분리된 상표권의 양도 ········································································· 447
제5절 품질관리가 수반되지 않은 등록상표의 사용허락 ··········································· 448
제6절 상표의 보통명칭화 ·························································································· 448
Ⅰ. 의 의 / 448 Ⅱ. 상표의 보통명칭화의 유형 / 448
Ⅲ. 상표관리의 중요성 / 449
Ⅳ. 상표의 보통명칭화를 방지하기 위한 상표관리 전략 / 449
제7절 우리나라의 제도와 비교·분석 ······································································· 451
Ⅰ. 우리나라의 제도 / 451 Ⅱ. 미국의 제도와 비교 / 453
❙제11장❙ 상표심판제도
제1절 총 설 ··············································································································· 457
Ⅰ. 상표심판 / 457 Ⅱ. 상표심판원 / 457
제2절 종 류 ··············································································································· 458
Ⅰ. 의 의 / 458 Ⅱ. 결정계 심판 / 458
Ⅲ. 당사자계 심판 / 458
제3절 결정계 심판 ····································································································· 459
Ⅰ. 심판 대상 / 459 Ⅱ. 심판 청구기간 / 459
Ⅲ. 심판 절차 / 459 Ⅳ. 심결에 대한 불복청구 / 460
제4절 당사자계 심판 ································································································· 463
Ⅰ. 상표등록의 이의신청에 대한 심판 / 463
Ⅱ. 상표등록의 취소심판 / 465 Ⅲ. 공존사용등록심판 / 470
Ⅳ. 저촉심판 / 476
제5절 우리나라의 제도와 비교·분석 ······································································· 478
Ⅰ. 우리나라의 제도 / 478 Ⅱ. 미국의 제도와 비교 / 478
❙제12장❙ 상표권 침해
제1절 총 설 ··············································································································· 483
Ⅰ. 의 의 / 483 Ⅱ. 연방상표법 규정 / 483
Ⅲ. 등록상표의 상표권 침해 / 484 Ⅳ. 미등록상표의 상표권 침해 / 484
Ⅴ. 혼동 가능성이 있는 타인의 상표등록 배제 및 등록 취소 / 485
제2절 상표권 침해의 성립 요건 ················································································· 485
Ⅰ. 의 의 / 485
Ⅱ. 상표의 상업적 사용 여부에 대한 판단 / 487
Ⅲ. 혼동 가능성에 대한 판단 / 489
Ⅳ. 비경쟁상품에 대한 상표권 침해: 관련상품 이론 / 522
제3절 간접침해 ·········································································································· 532
Ⅰ. 의 의 / 532 Ⅱ. 기여책임 / 533
Ⅲ. 대위침해 / 534
제4절 우리나라의 제도와 비교·분석 ······································································· 535
Ⅰ. 우리나라의 제도 / 535 Ⅱ. 미국의 제도와 비교 / 539
❙제13장❙ 상표권 침해에 대한 구제 수단
제1절 총 설 ··············································································································· 546
제2절 침해 금지명령 ································································································· 546
Ⅰ. 의 의 / 546 Ⅱ. 종 류 / 547
제3절 정정 광고 ········································································································· 549
제4절 압수와 폐기 ····································································································· 549
제5절 금전적 손해배상 ······························································································ 550
Ⅰ. 의 의 / 550 Ⅱ. 상표권자의 실제 손해 / 550
Ⅲ. 침해자의 이익 / 550 Ⅳ. 증액배상제도 / 551
Ⅴ. 법정손해배상제도 / 551 Ⅵ. 징벌적 배상제도 / 553
Ⅶ. 변호사 비용 / 553
제6절 위조상표범에 대한 형사 처벌 ········································································· 554
제7절 선의의 상표권 침해자 등에 대한 구제 조치 제한 ············································ 555
Ⅰ. 선의의 인쇄업자와 출판업자에 의한 상표권 침해 / 555
Ⅱ. 선의의 신문, 잡지, 기타 정기간행물의 발행인 또는 전자통신에 의한
유료 광고물의 배포자에 의한 상표권 침해 / 556
Ⅲ. 도메인 이름 등록기관, 도메인 이름 등록부 관리기관, 기타 도메인 이름
등록관청의 책임 / 557
제8절 우리나라의 제도와 비교·분석 ······································································· 558
Ⅰ. 우리나라의 제도 / 558 Ⅱ. 미국의 제도와 비교 / 559
❙제14장❙ 상표권 침해 주장에 대한 항변
제1절 총 설 ··············································································································· 561
제2절 적극적인 항변 수단 ························································································· 561
Ⅰ. 상표등록의 유효성 공격 / 561 Ⅱ. 상표의 기능성 주장 / 562
Ⅲ. 상표권의 포기 주장 / 562 Ⅳ. 형평법에 의한 항변 / 566
제3절 소극적인 항변 수단 ························································································· 568
Ⅰ. 피고의 선사용 / 568
Ⅱ. 선사용자의 상표가 사용된 지역으로부터 멀리 떨어진 지역에서의
후사용자의 선의의 사용 / 569
Ⅲ. 공정사용 / 572
Ⅳ. 패러디 및 연방헌법 수정조항 제1조에 따른 표현의 자유 / 580
Ⅴ. 진정상품 병행수입 / 581 Ⅵ. 기타 항변 / 590
제4절 우리나라의 제도와 비교·분석 ······································································· 590
Ⅰ. 우리나라의 제도 / 590 Ⅱ. 미국의 제도와 비교 / 592
❙제15장❙ 유명상표의 희석과 사이버스쿼팅 행위 방지
제1절 총 설 ··············································································································· 594
Ⅰ. 희석이론 / 594
Ⅱ. 사이버스쿼팅방지 소비자보호법 / 596
제2절 유명상표의 희석행위 방지법 ·········································································· 596
Ⅰ. 희석이론의 발전 / 596 Ⅱ. 희석의 유형 / 603
Ⅲ. 희석행위에 대한 구제 수단 / 606
Ⅳ. 연방희석화방지법과 각 주의 희석화방지법과의 관계 / 606
Ⅴ. 희석이론에 대한 비판 / 607
제3절 사이버스쿼팅방지 소비자보호법 ···································································· 608
Ⅰ. 배 경 / 608 Ⅱ. 보호 대상 / 610
Ⅲ. 연방상표법상 사이버스쿼팅 행위의 성립 요건 / 610
Ⅳ. 구제 수단 / 613 Ⅴ. 발효 시기 / 614
제4절 우리나라의 제도와 비교·분석 ······································································· 615
Ⅰ. 유명상표의 희석행위 방지 규정 / 615
Ⅱ. 사이버스쿼팅 행위 방지 규정 / 618
❙제16장❙ 퍼블리시티권의 보호
제1절 총 설 ··············································································································· 621
Ⅰ. 의 의 / 621 Ⅱ. 타 개념과의 구분 / 622
제2절 퍼블리시티권의 발전 연혁 ·············································································· 624
Ⅰ. 프라이버시권의 한계 / 624 Ⅱ. 퍼블리시티권의 등장 / 624
제3절 퍼블리시티권의 정당성과 필요성 ··································································· 625
Ⅰ. 정당성 / 625 Ⅱ. 필요성 / 627
제4절 퍼블리시티권의 보호 주체 및 대상 ································································· 628
Ⅰ. 보호 주체 / 628 Ⅱ. 보호 대상 / 629
제5절 퍼블리시티권의 양도와 이용허락 ··································································· 633
Ⅰ. 퍼블리시티권의 양도성 / 633
Ⅱ. 퍼블리시티권의 양도 또는 이용허락과 법률관계 / 634
제6절 퍼블리시티권의 상속성 및 존속기간 ······························································ 635
Ⅰ. 퍼블리시티권의 상속성(사후 존속 여부) / 635
Ⅱ. 보호 주체의 사망 후 퍼블리시티권의 인정요건 / 636
Ⅲ. 퍼블리시티권의 존속기간 / 637
제7절 퍼블리시티권의 침해 유형 ·············································································· 639
Ⅰ. 의 의 / 639 Ⅱ. 광 고 / 639
Ⅲ. 상품에 대한 이용 / 639
Ⅳ. 보도, 연예오락, 창작품에의 이용 / 640
Ⅴ. 기타의 이용 / 640
제8절 퍼블리시티권의 침해에 대한 구제 ·································································· 641
Ⅰ. 의 의 / 641 Ⅱ. 침해 금지명령 / 641
Ⅲ. 손해배상 / 641 Ⅳ. 징벌적 손해배상 / 642
Ⅴ. 각 주별 퍼블리시티권 침해에 대한 구제 수단 / 642
제9절 우리나라의 제도와 비교·분석 ······································································· 643
Ⅰ. 우리나라의 제도 / 643 Ⅱ. 미국의 제도와 비교 / 647
[부록 1] 미국과 우리나라의 상표제도 비교 ······························································ 649
[부록 2] 연방상표법에 따른 상표의 출원·심사·등록에 관한 절차도 ···················· 658
[부록 3] 상표등록을 위한 상품 및 서비스 분류 ························································ 663
[부록 4] 미국의 주별 상표등록관련 웹사이트 주소 ·················································· 677
[부록 5] INTA Model State Trademark Bill ································································· 679
[부록 6] 미국의 연방항소법원 및 연방지방법원의 약칭 ··········································· 694
[부록 7] 미국 연방대법원의 상표관련 판례 ······························································ 696
[부록 8] 미국의 연방항소법원별 혼동 가능성 판단을 위한 복합요소의 판단 기준 ·· 707
[부록 9] 미국의 상표관련 판례집의 종류 및 판례 인용문 해설 ································ 716
[부록 10] 미국의 자유무역협정 체결국 목록 ···························································· 721
[부록 11] 한·미 자유무역협정 중 상표관련 규정 ···················································· 723
참고 문헌 / 738
찾아보기 / 743
지은이
문삼섭
[약력]
행정학사, 법학석사 / 제37회 행정고시 합격
특허청 상표·디자인 심사관 / 특허심판원 상표·디자인 심판관, 심판장
변리사, 기술거래서 / 변리사 시험 출제 위원
현재 특허청 정보고객지원국장
[저서]
『상표법』, 특허청 국제특허연수원 표준교재(기본서, 개론서), 2002
『상표법』, 세창출판사, 2002 / 『상표법』(제2판), 세창출판사, 2004
『조문별 상표법 해설』(공저), 특허청, 2004 / 『상표법 도해』, 세창출판사, 2005
