Trademarks and unfair competition deskbook by david c. A trademark is a brand name that is used or intended to be used to identify a source of goods or services, and to distinguish the source from others. Mcclure i introduction in 1979, the trademark reporter published an article that i had written in law school that surveyed the. Cambridge core competition law trademark and unfair competition conflicts by tim w. Table of contents for trademarks and unfair competition.
Trademark and unfair competition law cases and materials, sixth edition 2017 letter update jane c. Trademarks and unfair competition deskbook by publishers. Case selection is made with an eye toward holding student interest. Along with the full text of the federal, patent and trademark statutes, the volume contains numerous useful additional materials such criminal statutes dealing with counterfeit goods, regulations governing importation of grey market products, all substantive provisions of the restatement of unfair competition, and the text of numerous. We have a track record of success in bringing and defending trademark and trade dress infringement, unfair competition, and false advertising cases. Law and policy, fourth edition aspen casebook series 4th edition. Critical issues in the law, coauthored by jonathan jennings and j. Browse the amazon editors picks for the best books of 2019, featuring our favorite reads. Trademarks and unfair competition deskbook, third edition. Trademark and unfair competition in a nutshell nutshells and millions of other books are available for amazon kindle.
Appendix a lanham trademark act of 1946, as amended through february 1, 2016 and codi. Seriously, unfair competition is the creation of a false. Trademark infringement and unfair competition ing the same mark are from the same source. Law and policy, fourth edition aspen casebook series 9781454827825. To view or download the 2019 supplement to this book, click here. And an unregistered trademark can be enforced against wouldbe infringers in several ways. Common law unfair competition is comprised of torts causing economic damages to a business through deceptive or wrongful business practices. Trademark law intellectual property research guides at.
Trademark and unfair competition in a nutshell nutshells. Fordham intellectual property, media and entertainment law. It is available in print at the williams reference desk kf240. Introduction adversarial disputes regarding trademark rightswhether styled as actions for trademark infringement, trademark dilution, unfair competition, or unfair and deceptive trade practicescan often be complex, timeconsuming, and expensive. Alms law journal press publishes new book on trademark and.
Trademark and unfair competition law by the united states trademark association. From this it follows that confusion as to the origin of goods does not necessarily have reference to the actual source or. Trademark, trade dress, unfair competitionfalse advertising, and publicity rights litigation. Teachbook, based in illinois, isnt launching until fall 2010 and many of the sites links are. Legal background and framework o trademark and unfair competition law are enforced on both a.
Alms law journal press today announced the release of a new book, trademarks and unfair competition. This book traces the evolution of trademark from its origin as a. Find all the books, read about the author, and more. The trademarks and unfair competition deskbook, seventh edition provides practitioners of trademark and unfair competition law an organized guide to the decisions, legislation, treatises, and commentary, a delineation of the principal questions and problems to be expected, and an uptodate synthesis of the current and developing law. The trademarks and unfair competition deskbook provides practitioners of trademark and unfair competition law an organized guide to the decisions, legislation, treatises, and commentary, a delineation of the principal questions and problems to be. This case concerns a dancerock bands application for federal trademark registration of. Bishop both have substantial experience in the law of trademark infringement and unfair competition. Introduction adversarial disputes regarding trademark rightswhether styled as actions for trademark infringement, trademark. View a sample of this title using the readnow feature. This comprehensive twovolume collection of leading articles in trademark and unfair competition law spans almost a century and three continents, bringing together the most influential and significant scholarly work in this exciting field.
Alms law journal press publishes new book on trademark and unfair competition issues. You can get this code from any reference librarian or at the circulation desk. The 2018 edition of this venerable collection of primary source materials in intellectual property law incorporates all the latest legislation in the field, making it one of the most uptodate resources for. Unfair competition, both the common law tort and the federal statute, attempt to enforce honest pratices in business. We have represented some of the worlds best known trademark owners in false advertising, unfair competition, trademark and trade dress disputes. Through use of this volume and its revisions, any individual who has a basic intellectual property background will be able to understand any particular states unique approach to trademark and servicemark regulation as well as unfair competition laws. In this groundbreaking work, tim dornis who, in addition to his scholarly pursuits, has worked as an attorney, a public prosecutor, and a judge, giving him experience in both civil and commonlaw jurisdictions presents the historicalcomparative, doctrinal, and economic aspects of trademark and unfair competition conflicts law. Trademarks and unfair competition lexisnexis store. Through use of this volume and its revisions, any individual who has a basic intellectual property background will be able. This book is a product of our decades of law school teaching. Students and instructors alike will welcome the new edition of this highly accessible and engaging casebook.
If students are unable to attend class, as soon as. This book traces the evolution of trademark from its origin as a common law tort of unfair competition and associated common law trademark rights to the federal lanham trademark act. Thoroughly updated to reflect recent developments, trademarks and unfair competition. Trademark, trade dress, unfair competitionfalse advertising. Thomas mccarthys comprehensive, twovolume treatise on trademark law and related aspects of unfair competition. Successfully defended trademark infringement suit, involving first amendment issues, against pee wee scouts childrens book. The book should be read by any scholar or practitioner interested in the international aspects of intellectual property generally, and trademark and unfair.
Understanding trademark law is a comprehensive and uptodate guide to the law of trademarks and unfair competition. Learn more trademark and unfair competition in a nutshell nutshells 2nd edition. The trademarks and unfair competition deskbook, ninth edition provides practitioners of trademark and unfair competition law an organized guide to the decisions, legislation, treatises, and commentary, a delineation of the principal questions and problems to be expected, and an uptodate synthesis of the current and developing law. The trademarks and unfair competition deskbook, ninth edition provides practitioners of trademark and unfair competition law an organized guide to the. Common law unfair competition trademark infringement. Selected intellectual property and unfair competition. During that interim period, a time of major expansion of relevant legal doctrines, 2. It provides a thorough introduction to the federal laws protecting registered trademarks and trade dress, as well as the broad array of federal and state unfair competition doctrines which protect unregistered trademarks and. Essentials of trademark and unfair competition essentials. Trademark and unfair competition conflicts historical comparative. A trademark may be a word, phrase, symbol or design, or a combination of these. Trademark and unfair competition in a nutshell nutshells 9780314163417. It provides a thorough introduction to the federal laws protecting registered trademarks and trade dress, as well as the broad array of federal and state unfair competition doctrines which protect unregistered trademarks and trade dress. Trademarks and unfair competition features many issues related to online commerce, such as cybersquatting, keyword advertising.
Trademarks and unfair competition deskbook, third edition david c. Trademark and unfair competition conflicts by dornis, tim w. This guide is a unique and easytouse reference tool offering an uptodate synthesis of current and developing trademark and unfair competition law in one concise volume. A trademark is sufficiently distinctive to be diluted by a nonconfusing use if the mark retains its source significance when encountered outside the context of the goods or services with which the mark is used by the trademark owner. Eleven years passed between editions of professor j. We pay great attention to the relationship of trademark and unfair competition law with the other areas of intellectual property law. Essentials of trademarks and unfair competition by dana. Nonconventional types of trademarks include colors, fragrances, and sounds. Trademark and unfair competition conflicts by dornis, tim. Study aids to help in understanding intellectual property. Trademarks and unfair competition deskbook lexisnexis store. Legal background and framework o trademark and unfair competition law are enforced on both a state and federal level. A trademark is sufficiently distinctive to be diluted by a nonconfusing use if the mark retains its source significance when encountered outside the context of the goods or. The new edition of this leading casebook covers recent developments, such as the.
Facebook sues teachbook for using book in its name aug. From this it follows that confusion as to the origin of goods does not necessarily have reference to the. Alms law journal press publishes new book on trademark. Cases and materials 9781587782114 by ginsburg, jane c. Unfair competition and trademark infringement from the lectric law librarys stacks. The last chapter will focus on trademark law as a tool of protection against unfair competition in ukraine. Unfair competition, both the common law tort and the.
Full of valuable tips, techniques, illustrative realworld examples, exhibits, and best practices, this handy and concise. This law concerns not only the unauthorized use of trademarks, service marks, and. Trademark infringement and unfair competition markham law. Mcclure i introduction in 1979, the trademark reporter published an article that i had written in law school that surveyed the intellectual history of intellectual property law, and particularly trademark law, from its earliest inception to the late 1970s. Trademark and unfair competition developed at common law originally as a matter of state law, and started in. This comprehensive twovolume collection of leading articles in trademark and unfair competition law spans almost a century and three continents, bringing together the most influential and significant. Unfair competition, both the common law tort and the federal statute, attempts to enforce a certain level of honest practices in industrial or commercial matters. What is the difference between trademark infringement and. We will also supplement the material in the case book with judicial decisions, government reports, articles, and other sources.
Mastering trademark provides a presentation of the basic principles underlying and the challenges facing modern trademark law in a digital age. State trademark and unfair competition law by the united states. Trademark and unfair competition conflicts by tim w. It provides a thorough introduction to the federal laws protecting registered. Aug 26, 2010 facebook sues startup for using book in name.
Provides case analysis and commentary cover evolving legal and. The trademarks and unfair competition deskbook, ninth edition provides practitioners of trademark and unfair competition law an organized guide to the decisions, legislation, treatises, and commentary, a. Understanding trademark law by mary lafrance overdrive. Unfair competition is the same as trademark infringement except without the requirement of the existence of an enforceable trademark. Unfair competition claim we appeared after the pretrial stage as cocounsel representing the famous fashion designer, nanette lepore, in an action for breach contract and unfair competition against a garment manufacturing company which had acquired the nanette lepore brand for clothing and accessories. The book lays a solid foundation covering the basics of obtaining trademark rights, federal trademark registration practice, trademark infringement, defenses, and. These cases are frequently, and most efficiently, decided at an early stage. Trademark and unfair competition law, 7 t h edition west, 2012. Expertly advise and represent your clients on evolving trademark issues with the trademarks and unfair competition deskbook. Full of valuable tips, techniques, illustrative realworld examples, exhibits, and best practices, this handy and concise paperback will help you stay up to date on the newest thinking, strategies, developments, and technologies in trademarks and unfair competition. Most important, even if a trademark is not federally registered, it may still be enforceable under 43a of the lanham act, which creates a federal cause of action for trademark infringement.
Law and policy, second edition, continues to feature a complete, balanced, and teachable approach to the trademarks and unfair competition course. The book also deals with competitor false advertising remedies under the lanham act and public enforcement of prohibitions against unfair and deceptive practices by the federal trade commission. V secret catalogue decision on trademark dilution, is authored by three of the. Trademark law intellectual property law research guide library. We both obtain and defend against temporary restraining orders and preliminary injunctions. Book awards book club selections books by author books by series coming soon kids books new releases teens books this months.
579 1161 100 137 75 860 752 783 1268 1375 66 1442 407 742 311 302 769 998 525 616 1510 1192 1211 1221 808 1483 237 394 1502 1072 1524 692 1026 1277 1042 18 93 752 570 1465 1324 848 35