Intellectual property duke university school of law. The ebook versions of this title may feature links to lexis advance for further legal. V secret catalogue decision on trademark dilution, is authored by three of the. Trademark infringement is seen as a form of unfair competition in an unfair competition claim, an individual or business must be able to show, at a minimum, that another individual or business is using. Handouts in class periodically guidelines and requirements a. Novel issues involving trademark usage in the online context are treated in depth. An injured party brings federal unfair competition claims under section 43a of the lanham act. The fifth edition of trademark and unfair competition law.
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. Trademarks, copyrights and unfair competition kramer levin. These law suits incorporate a dispute over an existing design, published or unpublished text or a symbol and images such as a logo that can be deemed a trademark or may act as one. With the rise of internet marketing and ecommerce around the world, international and crossborder. This onevolume desk reference covers the basics of intellectual property topics, with case. Trademark and unfair competition in a nutshell nutshells and millions of other books. We pay great attention to the relationship of trademark and unfair competition law with the other areas of intellectual property law. We both obtain and defend against temporary restraining orders and preliminary injunctions. To purchase a printed version of this title, please visit trademark and unfair competition law, in its entirety, can also be found on lexis advance and is available free to law school students and faculty this latest edition of trademark and unfair competition 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. Trademark and unfair competition law, 7 t h edition west, 2012. Unfair competition is a term that applies to dishonest or fraudulent rivalry in trade and commerce. 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.
Trademarks and unfair competition lexisnexis store. 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. Trademark law intellectual property research guides at. Trademarks and unfair competition 12015 3 welcome to another issue of our informative bulletin from the fields of trademark and competition law in poland and the european union. Trademark and unfair competition in a nutshell nutshells and millions of other books are available for amazon kindle. Bishop both have substantial experience in the law of trademark infringement and unfair competition. Mastering trademark and unfair competition law provides a clear and concise presentation of the basic principles underlying and the challenges facing a student or practitioner of trademark law in a digital age. State laws mainly govern unfair competition, although issues of trademark infringement, false advertisement, and s often involve federal laws as well. Organizes the many strands of trademark and unfair competition doctrine around a coherent conceptual framework. Seriously, unfair competition is the creation of a false. Recovery of attorneys fees in trademark and unfair competition litigation by theodore h.
From this it follows that confusion as to the origin of goods does not necessarily have reference to the. Trademark and unfair competition conflicts by tim w. Westlaw, lexis advance and bloomberg law contain a number of other intellectual property. Trademark, trade secrets, and unfair competition news. We represent clients in all phases of trademark application, preparation and prosecution. The umbrella is unfair competition and trademark infringement is one spoke in. Attendance and participation we expect students to attend class.
Unfair competition is the same as trademark infringement except without the requirement of the existence of an enforceable trademark. Download pdf trademark and unfair competition in a. What is the difference between trademark infringement and. Trademark and unfair competition law, in its entirety, can also be found on lexis advance. Trademark and unfair competition law will be taught completely online via zoom this semester, augmented by information on the blackboard website. Unfair competition law the harrison firm pc franchise. Unfair trade practices can include any of a number of allegations, including the misappropriation of trade secrets, false advertising, and unfair competition. Trademark and unfair competition law critical concepts in intellectual property law series edited by graeme b. Thomas mccarthy, mccarthy on trademarks and unfair competition, 5th ed. Trademark, copyright, patent and unfair competition claims. The book also deals with competitor false advertising remedies under the lanham act and public enforcement of.
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. Lucas chair in law, indiana university maurer school of law, us. Of particular interest this time is a legislative initiative by the ohim regarding an accelerated procedure for registering community trademarks. The more distinctive a trademark the greater the protection and the easier it is to enforce rights in the mark. The new york law of unfair competition has been broadened. Trademark and unfair competition in a nutshell by mark d. Zoom videoconferences will be held at regular class times. This book traces the evolution of trademark law from its origin as a common law tort of unfair competition and associated common law.
Grading the grade for the class will be based on a final exam, which will most likely be some kind of takehome exam. The trademarks and unfair competition deskbook, ninth edition provides. We have a track record of success in bringing and defending trademark and trade dress infringement, unfair competition, and false advertising cases. Trademark infringement and unfair competition ing the same mark are from the same source. Browse the amazon editors picks for the best books of 2019, featuring our. We also help them develop and manage worldwide ip portfolios, develop terms and logos as trademarks andor service marks, negotiate licensing agreements, and assert and defend infringement and unfair. Trademark and unfair competition indl 8302 course description this course provides an overview of the basic doctrines of trademark law, with a focus on the legal rules for identifying markerslogos. View or download the free 2016 online supplement for this product. Our trademark lawyers have won precedentsetting appellate cases in the areas of trademark protection, fair use, secondary liability, and rights of publicity. 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. It argues that the culmination of trademark law in the form of protection against dilution represents completion of a full circle of development of unfair competition law. The relationship between trademarks and unfair competition. Trademark and unfair competition law boston college. Dinwoodie, global professor of intellectual property law, iit chicagokent college of law and mark d.
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. For example, false advertising used to be considered and referred to as unfair. It generally is thought to encompass two separate concepts. Trademarks and unfair competition deskbook lexisnexis store. 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. A trademark may be a word, phrase, symbol or design, or a combination of these. Dinwoodie, global professor of intellectual property law, iit chicagokent college of law. Trademarks and unfair competition oxford handbooks. Recovery of attorneys fees in trademark and unfair.
Mcclure i introduction in 1979, the trademark reporter published an article that i had written in law school that surveyed the. To find books or other resources, you can try a subject search in the catalog using the following subject headings. With respect to unfair competition, trademark laws general purpose is to prevent one person from passing off his goods or business as the goods or business of another. Trademarks and unfair competition deskbook by publishers.
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. What is required is an unfair appropriation of the product of anothers labor or talent. We will also supplement the material in the case book with judicial decisions, government reports, articles, and other sources. Mccarthy on trademarks and unfair competition, volumes 17 intellectual property library mccarthy on trademarks and unfair competition, mccarthy on trademarks and unfair competition. The best way to envision the relationship between trademarks and unfair competition is to imagine an umbrella. The fifth edition also includes the statutory appendix within the book. If students are unable to attend class, as soon as. Cases and materials retains the successful features of earlier editions, but has been thoroughly updated since the last edition was published in 2007. The last chapter will focus on trademark law as a tool of protection against unfair competition in ukraine. Trademark, trade dress, unfair competitionfalse advertising.
Trademark and unfair competition in a nutshell nutshells 9780314163417. Trademark law a trademark owner may claim priority in a mark based on the first use date of a similar, but technically distinct, markbut only in the exceptionally narrow instance where the previously used mark is the legal equivalent of the prior mark in question or indistinguishable therefrom such that consumers consider both as the same. Trademark, trade secrets, and unfair competition trial advocacy white collar crime. Students who have access to the platform through their law school will be able to access the content at no charge. Historically, unfair competition did some trademark work. Fordham intellectual property, media and entertainment law.
In the field of state trademark and unfair competition law, to my knowl. Its a branch of intellectual property law that particularly relates to the practice of. The trademarks and unfair competition deskbook, ninth edition provides practitioners of trademark and unfair competition law an organized. The many strands of trademark and unfair competition doctrine are organized into a coherent conceptual framework consisting of a brief examination of foundational concepts, followed by thorough. Many unfair competition disputes are directed by an explicit specification under the federal trademark statute known as the lanham act. Each multiplechoice question is accompanied by a detailed answer that indicates which of four options is the best answer and explains why that option is better than the other three options. The law of unfair competition is mainly governed by state common law state unfair competition. Trademark infringement and unfair competition rudolf callmann i methods of infringement anomalous though it may seem, no act can be labeled a trademark infringement without more. Trademark infringement and unfair competition markham law. Unfair competition law is a broad legal concept that is used both by laypersons and courts often without clear definition. Janklow professor of literary and artistic property law columbia law school jessica litman john f. Recent developments in trademark and unfair competition law.
We also handle all manners of unfair competition ligation under both federal and state law, including complex false designation of origin and false advertising claims. Law and policy, fourth edition aspen casebook series 9781454827825. Nonconventional types of trademarks include colors, fragrances, and sounds. Learn more trademark and unfair competition in a nutshell nutshells 2nd edition. One concept is the wrong of confusing customers about the source of origin of goods or services. We have represented some of the worlds best known trademark owners in false advertising, unfair competition, trademark and trade dress disputes. Cases and materials fifth edition 2016 supplement jane c.
This book is a product of our decades of law school teaching. Particular attention will be paid as to the legal problems in the area of trademark protection and the ways of remedy such problems. View a sample of this title using the readnow feature. From the practising law institute, this fully updated looseleaf guide covers the basics of american trademark law from registration through litigation. Unfair competition can be broken down into two broad categories. Mastering trademark and unfair competition law mastering. This law concerns not only the unauthorized use of trademarks, service marks, and trade dress, but also false advertising, trademark dilution, trademark tarnishment, palming off, unfair competition, and related offenses. International universal unification of the conflictoflaw regulation of crossborder unfair competition.
Trademark and unfair competition law cases and materials, sixth edition 2017 letter update jane c. 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. Palming off is no longer a necessary requisite of unfair competition. These cases are frequently, and most efficiently, decided at an early stage. Trademark, trade secret, and unfair competition law. This case concerns a dancerock bands application for federal trademark registration of. This study guide uses multiplechoice and shortanswer questions to test your students knowledge of trademark and unfair competition law doctrine. Trademarks and unfair competition deskbook by david c. Whether or not the court will recognize an infringement depends upon the scope of protection to which the trademark is entitled under common. This book should be read by any scholar or practitioner interested in the international aspects of. Seriously, unfair competition is the creation of a false impression as to the source, origin, sponsorship or endorsement of products or services without the use of a trademark. State trademark and unfair competition law by the united states trademark association clark boardman company, ltd.
State trademark and unfair competition law, together with its updates, is the most current authority on state trademark law. For example, false advertising used to be considered and referred to as unfair competition, but now it has a special name of its own. 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. 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.
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