Trade marks, newspapers and reading publics

Richardson, M and Thomas, J 2018, 'Trade marks, newspapers and reading publics', Journal of Media Law, vol. 10, no. 1, pp. 77-91.

Document type: Journal Article
Collection: Journal Articles

Title Trade marks, newspapers and reading publics
Author(s) Richardson, M
Thomas, J
Year 2018
Journal name Journal of Media Law
Volume number 10
Issue number 1
Start page 77
End page 91
Total pages 15
Publisher Taylor and Francis
Abstract How did the nineteenth-century trade marks registration system with its preference for distinctive trade marks accommodate Britains newspapers and reading publics, who seemed able to distinguish between newspapers despite their common descriptive names? In this article, it is argued that the situation presents another example of intellectual property laws negative spaces, of creativity and innovation thriving in the absence of significant formal protection from intellectual property law. Moreover, it shows, yet again, the place of informal control in what is in other respects a formalised media industry sector. The historical analysis helps to explain the recent decision of an Irish judge that The Times and The Irish Times should continue to co-exist peacefully in Ireland, with The Times permitted to launch a digital Times (Irish Edition) over the objection of the similarly named Irish Times, its nineteenth-century counterpart. © 2018 Informa UK Limited, trading as Taylor & Francis Group.
Subject Law not elsewhere classified
Keyword(s) newspapers
nineteenth century
Trade marks
DOI - identifier 10.1080/17577632.2018.1463674
Copyright notice © 2018 Informa UK Limited, trading as Taylor & Francis Group.
ISSN 1757-7632
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