The law of unfair competition is mainly governed by state common law state unfair competition. Recovery of attorneys fees in trademark and unfair competition litigation by theodore h. The fifth edition of trademark and unfair competition law. Ipllm program and in 1966 became an adjunct professor of trademark. He has practiced, written, and taught in the field of trademarks and unfair competition and was a. The trademarks and unfair competition deskbook, ninth edition provides. An injured party brings federal unfair competition claims under section 43a of the lanham act. 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. Wework files complaint against urwork for trademark. The intellectual property research guide covers resources for researching patent, trademark, trade secret, right of publicity, and other areas of intellectual property law. Identify trademark law basics, including distinctiveness, infringement, functionality, and ownership. Fordham intellectual property, media and entertainment law.
With the rise of internet marketing and ecommerce around the world, international and crossborder conflicts in trademark and unfair competition law have become increasingly important. Thoroughly updated to reflect recent developments, trademarks and unfair competition. Sources and nature of trademark rights 3 the trademark. Cases and materials retains the successful features of earlier editions, but has been thoroughly updated since the last edition was published in 2007. Essentials of trademarks and unfair competition full of valuable tips, techniques.
Trademark and unfair competition conflicts by dornis, tim. Essentials of trademark and unfair competition essentials series 1st edition. Unfair competition, both the common law tort and the federal statute, attempts to enforce a certain level of. Trademark and unfair competition law will be taught completely online via zoom this semester, augmented by information on the blackboard website. Law and policy, fourth edition aspen casebook series 9781454827825. Thomas mccarthy is a professor emeritus at the university of san francisco school of law. The last chapter will focus on trademark law as a tool of protection against unfair competition in ukraine. Trademarks and unfair competition lexisnexis store. Trademark law intellectual property research guides at. With the rise of internet marketing and ecommerce around the world, international and crossborder. Identify special rules under trademark law for design, trade dress, and famous marks. Commercial conduct which the law views as unjust, giving rise to a civil claim by those who have been injured by the conduct.
He is the founding director of the mccarthy institute for intellectual property and technology law. Its traditional casesandnotes pedagogy is enhanced by short problems appearing in each chapter. Trademark and unfair competition vermont law school. Appendix a lanham trademark act of 1946, as amended through february 1, 2016 and codi. 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. The unfair competition segment will briefly cover interference with contractual relations, and trade libel, and will provide extensive coverage to the increasing federalization of the law of unfair competition. Trademarks and unfair competition deskbook lexisnexis store. Trademark piracy, counterfeiting and imitation of labels and packaging. Trademark and unfair competition in a nutshell nutshells 9781634609067.
V secret catalogue decision on trademark dilution, is authored by three of the. Of particular interest this time is a legislative initiative by the ohim regarding an accelerated procedure for registering community trademarks. Law and policy, now in its third edition, is teachable, balanced, and up to date. Trademarkunregistered marksunfair competition overlaps. Organizing the many strands of trademark and unfair competition doctrine around a helpful conceptual framework, trademarks and unfair competition. Be sure to stop by the registration and information desk at the conference to sign the cle book. We have a track record of success in bringing and defending trademark and trade dress infringement, unfair competition, and false advertising cases. 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. 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 law research guide library.
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 and unfair competition deskbook, eighth edition 97815226170. Provides students with a solid foundation in trademark, rights of publicity, advertising, and other state and federal law relating to the protection of commercial goodwill. Grading the grade for the class will be based on a final exam, which will most likely be some kind of takehome exam. For example, false advertising used to be considered and referred to as unfair. Replace the final sentence of question 5 with the following sentence. These law suits incorporate a dispute over an existing design. State trademark and unfair competition law, together with its updates, is the most current authority on state trademark law. This book traces the evolution of trademark from its origin as a common law tort of unfair. Table of contents for trademarks and unfair competition. 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.
This site retains all right, title and interest including trademark, patent, trade secrets and all other intellectual property rights of the site. Recovery of attorneys fees in trademark and unfair. Trademark, unfair competition and consumer protection. This unit involves a detailed consideration of patent law, trade mark law and, to a lesser extent, the law of unfair competition. No other book presently available fits quite this niche. You can get this code from any reference librarian or at the circulation desk. Students and instructors alike will welcome the new edition of this highly accessible and engaging casebook. View a sample of this title using the readnow feature. The trademarks and unfair competition deskbook, ninth edition provides practitioners of trademark and unfair competition law an organized. The book also deals with competitor false advertising remedies under the lanham act and public. Trademark and unfair competition law boston college. State trademark and unfair competition law, provides a singular comprehensive source for facts, commentary and analysis on u.
Intellectual property and unfair competition in a nutshell by charles r. Novel issues involving trademark usage in the online context are treated in depth. Also a leader of the international trademark bar, he was a u. Essentials of trademarks and unfair competition wiley. Mcclure i introduction in 1979, the trademark reporter published an article that i had written in law school that surveyed the. Trademarks and unfair competition deskbook, eighth. Raj travel desk official website cheapest flight, hotel.
Unfair competition and trademark infringement from the lectric law librarys stacks. This casebook presents the basic principles of trademark and unfair competition law and procedure, including expert legal analysis. Other books include the twovolume treatise the rights of publicity and. Students will be required to comprehend the development of. This barcode number lets you verify that youre getting exactly the right version or edition of a book. Trademark and unfair competition conflicts by tim w. Trademark and unfair competition law cases and materials, sixth edition 2017 letter update jane c. International universal unification of the conflictoflaw regulation of crossborder unfair competition. Many unfair competition disputes are directed by an explicit specification under the federal trademark statute known as the lanham act. Cases and materials 9781587782114 by ginsburg, jane c. We pay great attention to the relationship of trademark and unfair competition law with the other areas of intellectual property law. We will also supplement the material in the case book with judicial decisions, government reports, articles, and other sources. Historically, unfair competition did some trademark work.