미국 상표법

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
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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
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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
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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
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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
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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
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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
xi
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
xii
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
xiii
❙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
xiv
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
xv
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
xvi
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
xvii
[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