She is also an active committee member of the intellectual property institute of. Trademarks and unfair competition treatises and practice. Trademarks and unfair competition one of our core intellectual property practice areas is in the field of trademarks and unfair competition. 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. 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. Please use the tabs on the left or bottom of the screen to navigate through the guide. Professor dinwoodie is the author of numerous articles on trademark law, and is the coauthor with mark janis of trademarks and unfair competition. The relationship between trademarks and unfair competition. Download for offline reading, highlight, bookmark or take notes while you read essentials of trademarks and unfair competition. How to protect your intellectual property the right way. Trademarks and unfair competition deskbook lexisnexis store. There is no part of the law which is more plastic than unfair competition, and what was not recognized an actionable wrong twentyfive years ago may have become one today. Cases and materials retains the successful features of.
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. Pdf comparative assessment study of patent and trademark. Sep 14, 2018 rent or buy trademarks and unfair competition 97814557. Web sites may use one of the apple web badges if the site uses or was created using applebranded hardware or software and you comply with the terms of the apple web badges license agreement and guidelines. Trademarks and unfair competition major books and treatises. We regularly handle trademark and unfair competition claims in federal circuit and district courts as well as before the international trade commission and the uspto trademark and trial and appeal board. The law of unfair competition, trademarks and monopolies by rudolf callmann. Thomas mccarthy, mccarthy on trademarks and unfair competition, 5th ed. Buy callmann on unfair competition, trademarks, and monopolies at legal.
We assist clients in a wide range of industries with a host of business and legal issues involving the development, securing, maintenance, exploitation, and enforcement of trademark and. This treatise is considered the most authoritative source of information about trademark and unfair competition law. Contents preface xxiii part i foundations and purposes of trademark and unfair competition law 1 introduction to trademark and unfair 1 competition law 3 a. V secret catalogue decision on trademark dilution, is authored by three of the.
Our assured print pricing program offers predictable monthly pricing. He also holds a chair in intellectual property law at queen mary college, university of london. Our lawyers have handled all aspects of federal court trademark litigation including preliminary injunction proceedings, ex parteseizures, bench and jury trials, as well as inter partesproceedings. Essentials of trademarks and unfair competition ebook. Novel issues involving trademark usage in the online context are treated in depth. Dana shilling 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. 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.
Intellectual property and unfair competition in a nutshell by charles r. Trademarks and unfair competition news and current. Essentials of trademarks and unfair competition wiley. See infra notes 4849, 52, 5759 and accompanying text.
Feb 25, 2017 to learn more about the right steps to take to protect our intellectual property, i caught up with ashley v. The most comprehensive source of law school outlines anywhere with the only outline exchange program available. Dc comics initially filed a lawsuit, in may 2011, in the federal district court alleging causes of action for infringement, trademark infringement. Unfair trade practices can include any of a number of allegations, including the misappropriation of trade secrets, false advertising, and unfair competition.
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. Hong has performed a number of corporate criminal investigations and litigations as a publicservice judge advocate, a prosecutor and as a lawyer. The district courts incorrect legal testthe application of which my. Claims of unfair trade practices can arise in all areas of technology, and they often surface in conjunction with intellectual property claims of patent, trademark. 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, brands, colors, shapes, and domain names. A critical history of legal thought, 69 trademark rep. Trademarks and unfair competition, twelfth edition kindle edition. Cases and materials retains the successful features of earlier editions, but has been thoroughly updated since the last edition was. An uptodate synthesis of current and developing trademark and unfair competition law in one concise volume. Cases and materials 9781587782114 by ginsburg, jane c. Dc comics is an american comic book publisher and owner of the comic books featuring the story of batman. Intellectual property duke university school of law. Below, we explain how to apply these sources of law for purposes of trademark registration and trademark.
Sources and nature of trademark rights 3 the trademark cases 3 hanover star milling co. Chapter 1 introduction to trademark and unfair competition law. Lattimore is adept at handling the issues that arise in cases involving trademark infringement claims, as well as claims of false advertising, trade dress infringement, trademark counterfeiting, common law and state unfair competition, and claims arising under the anticybersquatting consumer protection act. View a sample of this title using the readnow feature. The case concerned defendant mark towle who built and sold replicas of batmobile in his garage named garage gotham.
Rent or buy trademarks and unfair competition 9781543803310 by dinwoodie, graeme b. Sep 14, 2018 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 treatments of the law on 1 the creation of trademark rights. Buy trademarks and unfair competition, twelfth edition. From its start as a means of protecting merchants entitlement to custom, unfair competition law, and its subsidiary trademark law have evolved in several stages, which are. Claims of unfair trade practices can arise in all areas of technology, and they often surface in conjunction with intellectual property claims of patent, trademark, and. Organizes the many strands of trademark and unfair competition doctrine around a coherent conceptual framework.
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. Trademarks and unfair competition oxford handbooks. Fordham intellectual property, media and entertainment law. This latest edition of trademark and unfair competition law. State trademark and unfair competition law by the united states. 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. We represent clients in all phases of trademark application, preparation and prosecution. 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. Supplemented annually, it covers all aspects of trademark and unfair competition. An important factor in determining the applicability of such protection depends upon whether protection is sought for a single title or a series title. Although the court engages in a traditional trademark infringement analysis under section 1114 of the lanham act, the analysis is similar for unfair competition under section 1125a. Mccarthy on trademarks and unfair competition by j. 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 a trademark under circumstances where the public is likely to become confused or deceived. 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.
Essentials of trademarks and unfair competition ebook written by dana shilling. That said, however, business conduct can be rough and aggressive without constituting unfair competition and injury can result and often does from fair competition. You can get this code from any reference librarian or at the circulation desk. Dc comics v mark towle was a case heard in the united states court of appeals, ninth circuit in september 2015. This study guide uses multiplechoice and shortanswer questions to test your students knowledge of trademark and unfair competition law doctrine. It is also one of the oldest and largest american comic book companies. The coverage of these laws overlaps frequentlyin fact, an infringer might violate all of these at once. The trademarks and unfair competition class meets weekly at the university of baltimore school of law in room 1002 on mondays from 4. Expertly advise and represent your clients on evolving trademark issues with the trademarks and unfair competition deskbook. Our trademark litigators bring significant experience as lead counsel in major trademark cases of infringement claims, misappropriation of trade dress and related acts of unfair competition, passingoff, and false advertising, both in u.
This guide provides an overview of print and electronic resources relating to trademarks and unfair competition law. Trademark and unfair competition law by the united states trademark association. Trademarks and unfair competition trade secrets white collar crime wills, trusts, and estates zoning and land use. Table of contents for trademarks and unfair competition. Essentials of trademarks and unfair competition ebook, 2002. Name statutes, statute of special application and personal name statutes. 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. Trademarks and unfair competition law and policy rent. We have had considerable success in negotiating early settlement agreements and out of court dispute resolutions. Trademark and unfair competition in a nutshell nutshells 9781634609067. The senate committee reporting on the federal trademark act of 1946 succinctly stated that, unfair competition is the genus of which trademark infringement is one of the. The more distinctive a trademark the greater the protection and the easier it is to enforce rights in the mark. Essentials of trademarks and unfair competition by dana. The law of trademarks is a subcategory of the broader arena of unfair competition.
Below, we explain how to apply these sources of law for purposes of trademark registration and trademark related disputes. The courts view of what constitutes appropriate business conduct and what constitutes unfair competition shifts with time. Topics covered include the definition of a trademark, federal. Comparative assessment study of patent and trademark offices in southeast asia. Introduction trademarks and unfair competition law. Supplemental materials are not guaranteed with rental or used book purchases. Access to some resources may be restricted to either the duquesne law or duquesne university community. Trademarks and unfair competition lexisnexis store. Access to some resources may be restricted to either the. Essentials of trademarks and unfair competition 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. In this case, the court sets out a broad interpretation of use in commerce and use in connection with goods and services that allows it to apply the lanham act.
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