This paper examines the adverse effect of patent ambushing on competitive conditions resulting in the distortion of the standardization process in markets where the effectiveness of competition relies heavily on standardization. The US Rambus litigation serves as a point of departure. In this...

Traditionally, trade mark theory has been reluctant to protect advertising value from appropriation by third parties. Various justifications for this proposition have been put forward, most notably the free-riding theory associated with overbroad trade mark monopolies, the ethical condemnation...