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...

Contemporary analysis of trademark rights rests on the premise that consumer confusion constitutes the primary, if not the sole, rational basis of protection. Dilution theory has gradually come to be considered an almost undesired exception to the general rule of confusion-based liability and...