Unfair competition antitrust the intellectual property research guide covers resources for researching patent, trademark, trade secret, right of publicity, and other areas of intellectual property law. The intellectual property research guide covers resources for researching patent, trademark, trade secret, right of publicity, and other areas of intellectual property 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. This text provides a comprehensive treatment of the law of trademark, unfair competition, false advertising, and the right of publicity. We will also supplement the material in the case book with judicial decisions, government reports, articles, and other sources. This law concerns not only the unauthorized use of trademarks, service marks, and. 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. Law and policy, fourth edition aspen casebook series 9781454827825. On october 5, 2007, the high tech law institute hosted a oneday symposium bringing together legal scholars and social scientists to examine trademark dilution as a legal and social phenomenon.
View a sample of this title using the readnow feature. The term single title refers to a particular book title, such as gone. These law suits incorporate a dispute over an existing design. Our trademark lawyers have won precedentsetting appellate cases in the areas of trademark protection, fair use, secondary liability, and rights of publicity. Unfair competition law is a broad legal concept that is used both by laypersons and courts often without clear definition.
As its title suggests, this guide offers a broad summary of the law of intellectual property i. The article protection of graphic characters provides an overview of the protection of characters and general guidelines for protection of a graphic character that is depicted by a cartoon or other graphic representation, such as mickey mouse or superman. The business of trademarks and millions of other books are available for amazon kindle. Trademark infringement and unfair competition markham law. Trademarks and unfair competition deskbook, eighth.
Morgan lewis understands the significance of these issues, and our intellectual property ip lawyers have deep knowledge and. 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. Janklow professor of literary and artistic property law columbia law. Of particular interest this time is a legislative initiative by the ohim regarding an accelerated procedure for registering community trademarks. Particular attention will be paid as to the legal problems in the area of trademark protection and the ways of remedy such problems. Trademark and unfair competition in a nutshell nutshells 2nd edition by mark janis author 5. International universal unification of the conflictoflaw regulation of crossborder unfair competition. Trademark law intellectual property research guides at. Incourt and outofcourt representation competition law unfair competition act uwg production and product liability compliance trademark law.
Recovery of attorneys fees in trademark and unfair. However, the media reports provide only a snapshot of a much bigger picture. Essentials of trademarks and unfair competition wiley. Trademarks and unfair competition deskbook lexisnexis store.
Essentials of trademarks and unfair competition full of valuable tips, techniques. Historically, unfair competition did some trademark work. For example, false advertising used to be considered and referred to as unfair competition, but now it has a special name of its own. 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. Fordham intellectual property, media and entertainment law. We pay great attention to the relationship of trademark and unfair competition law with the other areas of intellectual property law. Through branding, marketing, and advertising, a company can set itself apart, and create core equity and significant value in its goodwill. Trademark, copyright, patent and unfair competition claims. The 29 best trademark books recommended by randy pitchford, such as key to. Trademarks and unfair competition lexisnexis store. If students are unable to attend class, as soon as. She concentrates in trademark, and unfair competition law litigation. Replace the final sentence of question 5 with the following sentence.
Novel issues involving trademark usage in the online context are treated in depth. A few states, including illinois, have enacted legislation dealing with types of state unfair competition, such. Nonconventional types of trademarks include colors, fragrances, and sounds. This case concerns a dancerock bands application for federal trademark registration of. The last chapter will focus on trademark law as a tool of protection against unfair competition in ukraine. Unfair competitionantitrust intellectual property research. This article will focus on the protection available for a fictional character also referred to as a literary character, such as james. Book cover of mark janis trademark and unfair competition in a nutshell nutshells.
Trademark and unfair competition in a nutshell, 2nd. V secret catalogue decision on trademark dilution, is authored by three of the. The trademarks and unfair competition deskbook, ninth edition provides practitioners of trademark and unfair competition law an organized. Mccarthy on trademarks and unfair competition, volumes 17 intellectual property library mccarthy on trademarks and unfair competition, mccarthy on trademarks and unfair competition. Attendance and participation we expect students to attend class. Unfair competition in a sense means that the competitors compete on unequal terms, because favourable or disadvantageous conditions are applied to some competitors but not to others. This course explores common law and statutory protection of ideas, trade secrets, and trademarks, including acquisition and loss of trademark rights, registration with the uspto, licensing, infringement. State trademark and unfair competition law by the united states trademark association clark boardman company, ltd. This casebook presents the basic principles of trademark and unfair competition law and procedure, including expert legal analysis. Wework files complaint against urwork for trademark. The trademarks and unfair competition deskbook, ninth edition provides practitioners of trademark and unfair competition law an organized guide to the. When a client came to me with an important trademark project, i knew i needed a nuts and. From this it follows that confusion as to the origin of goods does not necessarily have reference to the. Trademark infringement and unfair competition ing the same mark are from the same source.
Janklow professor of literary and artistic property law columbia law school jessica litman john f. 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. An injured party brings federal unfair competition claims under section 43a of the lanham act. From this it follows that confusion as to the origin of goods does not necessarily have reference to the actual source or.
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. Roland wiring partner hamburg intellectual property life. Sources and nature of trademark rights 3 the trademark cases 3 hanover star milling co. Trademark and unfair competition in a nutshell nutshells. It generally is thought to encompass two separate concepts. Thus, while certain activities may technically be allowed by and trademark law. Jun 23, 2017 trademark and unfair competition conflicts historicalcomparative, doctrinal, and economic perspectives cambridge intellectual property and information law book series, 2017 700 pages posted. In addition, broad remedies are given to private persons injured by a violation of these laws. 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. The law of unfair competition is mainly governed by state common law state unfair competition.
Most substances that are introduced into the mouth will create sensations of flavor and scent. This barcode number lets you verify that youre getting exactly the right version or edition of a book. Consumers are not predisposed to equate either flavor or scent with the source of the product ingested, the board ruled. Trademark and unfair competition law boston college. This unit involves a detailed consideration of patent law, trade mark law and, to a lesser extent, the. Table of contents for trademarks and unfair competition. In the field of state trademark and unfair competition law, to my knowl. State trademark and unfair competition law, provides a singular comprehensive source for facts, commentary and analysis on u. 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. Case selection is made with an eye toward holding student interest.
Mcclure i introduction in 1979, the trademark reporter published an article that i had written in law school that surveyed the. Appendix a lanham trademark act of 1946, as amended through february 1, 2016 and codi. Bishop both have substantial experience in the law of trademark infringement and unfair competition. Trademark and unfair competition law, 7 t h edition west, 2012. With the rise of internet marketing and ecommerce around the world, international and crossborder. Trademarks and unfair competition deskbook, eighth edition 97815226170. 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. 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. Trademark and unfair competition law will be taught completely online via zoom this semester, augmented by information on the blackboard website.
Gordian hasselblatt is particularly appreciated as an expert for trademark. Thoroughly updated to reflect recent developments, trademarks and unfair competition. No other book presently available fits quite this niche. Cases and materials fifth edition 2016 supplement jane c. Patents, trade marks and unfair competition monash university. Unfair competition law the harrison firm pc franchise. For example, false advertising used to be considered and referred to as unfair. 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. Patent prosecution for support staff is a practical desk reference. 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. 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. Zoom videoconferences will be held at regular class times.
Through branding, marketing, and advertising, a company can set itself. Trademark and unfair competition conflicts historical. Recent developments in 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 services with which the mark is used by the trademark owner. Law and policy, second edition, continues to feature a complete, balanced, and teachable approach to the trademarks and unfair competition course. Handouts in class periodically guidelines and requirements a. State trademark and unfair competition law, together with its updates, is the most current authority on state trademark law.
Grading the grade for the class will be based on a final exam, which will most likely be some kind of takehome exam. 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 and unfair competition conflicts by tim w. Recovery of attorneys fees in trademark and unfair competition litigation by theodore h. 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. One concept is the wrong of confusing customers about the source of origin of goods or services. Trademark and unfair competition law cases and materials, sixth edition 2017 letter update jane c. It is more important today than ever for a company to have a wellcrafted image to present to its customers and to the world. Students and instructors alike will welcome the new edition of this highly accessible and engaging casebook.