Trademarks and unfair competition available in hardcover. 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. Trademarks and unfair competition oxford handbooks. A text with exercises chicago guides to writing, editing, and publishing bryan a. Janet marvel partner pattishall mcauliffe linkedin. This compact volume contains all of the key patent, trademark, and unfair competition statutes and related international agreements in a form convenient for student use. The cci keeps a tab on unfair business practices in the market place and has powers to take action against erring entities, including imposition of. David craig hilliard, joseph nye welch ii, uli widmaier. 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.
Callmann on unfair competition, trademarks, and monopolies westlaw database callmann. Ward trade marks conducts trade mark opposition proceedings before the ukipo and the euipo. Trademark and unfair competition conflicts historical. June 6, 2012 prlog new york june 6, 2012 alms law journal press, a leading publisher of print and digital publications for legal professionals, today announced the release of a new book, trademarks and unfair competition. Competition commission cautions businesses against unfair practices amid coronavirus pandemic. This book is a product of our decades of law school teaching. Mccarthy on trademarks and unfair competition this multivolume preeminent treatise discusses the function of trademarks and their protection, assignment and licensing, infringement, the principles of unfair competition and the patent and trademark offices proceedings. We pay great attention to the relationship of trademark and unfair competition law with the other areas of intellectual property law. Understanding trademark law is a comprehensive and uptodate guide to the law of trademarks and unfair competition. Supreme court unnumbered utilitarian utility patent walmart word mark. Handouts in class periodically guidelines and requirements a. Trademarks and unfair competition deskbook by publishers.
Trade dress protection in europe report prepared by the. The unauthorized online use of anothers trademark can constitute. A patent for an invention is the grant of a property right to the inventor, issued by the united states patent and trademark office uspto. Callmann on unfair competition, trademarks, and monopolies. Trade dress can also be protected under unfair competition laws of the member states. Alms law journal press publishes new book on trademark. Starting 35 years ago, mccarthy on trademarks and unfair competition was published and updated through four editions, and now comprises seven volumes. View janet marvels profile on linkedin, the worlds largest professional community. Law and policy, fourth edition aspen casebook series 9781454827825. The law of unfair competition, trademarks and monopolies a multivolume treatise which comprehensively covers the law of unfair competition as well as antitrust law. This book traces the evolution of trademark law from its origin as a common law tort of unfair competition and associated common law trademark rights, to the most recent. Mccarthy on trademarks and unfair competition, volumes 17 intellectual property library.
We have a track record of success in bringing and defending trademark and trade dress infringement, unfair competition, and false advertising cases. Trademark and unfair competition conflicts by tim w. Dinwoodie, global professor of intellectual property law, iit chicagokent college of law and mark d. Since unfair competition laws differ among the eu member states, the protection of such features of visual appearance differs as well. Also, in past years i have given open book exams, whereas this year i am giving a closed book exam. The appendices cover the texts of statutes, rules of practice, legislative. Volume 1 covers the basic principles of trademark protection and unfair competition. Trademarks and unfair competition deskbook by david c. Nonconventional types of trademarks include colors, fragrances, and sounds. If you need more information on opposing a trade mark application. Trademark law intellectual property research guides at. What is the difference between trademark infringement and. Zoom videoconferences will be held at regular class times. Pages 381447 the geographic scope of trademark protection.
Trademark and unfair competition law will be taught completely online via zoom this semester, augmented by information on the blackboard website. Quite rightly the applicant was found to be on the wrong side of the line in both of the above cases. Lookalike trade marks competition is fine but unfair. 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. This edition incorporates all of the changes made by the leahysmith america invents act aia, which substantially rewrote the u. 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. 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. This unit involves a detailed consideration of patent law, trade mark law and, to a lesser extent, the law of unfair competition.
International universal unification of the conflictoflaw regulation of crossborder unfair competition. Trademarks and unfair competition lexisnexis store. A trademark may be a word, phrase, symbol or design, or a combination of these. 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. 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. Case selection is made with an eye toward holding student interest. 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 expected, and an uptodate synthesis of the current and developing law.
If youre familiar with trademark law, you know that the leading work in the field, cited by hundreds of court decisions, is j. These cases are frequently, and most efficiently, decided at an early stage. This text provides a comprehensive treatment of the law of trademark, unfair competition, false advertising, and the right of publicity. Of particular interest this time is a legislative initiative by the ohim regarding an accelerated procedure for registering community trademarks. V secret catalogue decision on trademark dilution, is authored by three of the. 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. Chapter 9 summarizes the dominant law and economic approach to some of the doctrines comprising the two major strands of modern trademark law.
Cap mastering trademark and unfair competition law. Unfair competition is the same as trademark infringement except without the requirement of the existence of an enforceable trademark. Grading the grade for the class will be based on a final exam, which will most likely be some kind of takehome exam. Save up to 80% by choosing the etextbook option for isbn. 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. Expertly advise and represent your clients on evolving trademark issues with the trademarks and unfair competition deskbook. 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. Trademark and unfair competition law critical concepts in intellectual property law series edited by graeme b.
Trademark piracy, counterfeiting and imitation of labels and packaging. Intellectual property deskbook for the business lawyer, third edition. Particular attention will be paid as to the legal problems in the area of trademark protection and the ways of remedy such problems. Unfair or deceptive online trademark use also violates the federal trade commission act. Critical issues in the law, coauthored by jonathan jennings and j. Trademarks and unfair competition deskbook, third edition. We both obtain and defend against temporary restraining orders and preliminary injunctions. The right conferred by the patent grant is the right to exclude others who wish to make, use, offer for sale, or sell the patented invention in the united states or who might import the invention into the united states. Selected statutes and international agreements on patent. Coming in at seven volumesand growing, and with a front matter and table of contents that stretches 154 pages, mccarthy can be unwieldy. We will also supplement the material in the case book with judicial decisions, government reports, articles, and other sources. The law of unfair competition, trademarks and monopolies. With chapters on goodwill, trade secrets, defamation of competitors and their goods, registration of trademarks under the federal trademark act, price cutting, etc.
Thomas mc carthys treatise, mccarthy on trademarks and unfair competition. Trademark and unfair competition in a nutshell, 2nd. With the rise of internet marketing and ecommerce around the world, international and crossborder. 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. Mccarthy on trademarks and unfair competition policy. Students will be required to comprehend the development of patent law over time and analyse patent specifications and claims. 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. The courts view of what constitutes appropriate business conduct and what constitutes unfair competition shifts with time. Germain eleven years passed between editions of professor j.
The united states trademark association produced this encyclopedic volume and must be commended for this valuable tool. Coverage extends to protection against unfair competition, unfair advertising and pricing and the unlawful conduct of. The last chapter will focus on trademark law as a tool of protection against unfair competition in ukraine. Moreover, in some member states unfair competition laws are only applied to a very limited extent. The trademarks and unfair competition deskbook, ninth edition provides. Fordham intellectual property, media and entertainment law. Trademarks and unfair competition deskbook lexisnexis store. Pages 358366 foreign words and personal names as trademarks. The traditional caseandnote format is enhanced by summarizing problems that help students understand intricate key topics. State trademark and unfair competition law, together with its updates, is the most current authority on state trademark law. This system of federal registration helps to ensure that trademarks are fully. Mccarthy on trademarks and unfair competition lillian.
Author, trademarks and unfair competition deskbook, 5th ed. Trademarks, unfair competition, and business torts. Trademarks and unfair competition deskbook, third edition david c. There are now more than two million marks that have active federal certificates of registration.
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