Introduction adversarial disputes regarding trademark rightswhether styled as actions for trademark infringement, trademark. Trademarks and unfair competition deskbook by david c. 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. Seriously, unfair competition is the creation of a false. Mastering trademark provides a presentation of the basic principles underlying and the challenges facing modern trademark law in a digital age. Thoroughly updated to reflect recent developments, trademarks and unfair competition. 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.
Alms law journal press publishes new book on trademark and unfair competition issues. Through use of this volume and its revisions, any individual who has a basic intellectual property background will be able. Trademark and unfair competition conflicts by dornis, tim w. Fordham intellectual property, media and entertainment law. 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.
Essentials of trademark and unfair competition essentials. Trademark and unfair competition law cases and materials, sixth edition 2017 letter update jane c. The book should be read by any scholar or practitioner interested in the international aspects of intellectual property generally, and trademark and unfair. Unfair competition and trademark infringement from the lectric law librarys stacks.
Trademarks and unfair competition lexisnexis store. Browse the amazon editors picks for the best books of 2019, featuring our favorite reads. 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. Eleven years passed between editions of professor j. Trademarks and unfair competition deskbook lexisnexis store. Find all the books, read about the author, and more.
Along with the full text of the federal, patent and trademark statutes, the volume contains numerous useful additional materials such criminal statutes dealing with counterfeit goods, regulations governing importation of grey market products, all substantive provisions of the restatement of unfair competition, and the text of numerous. Trademark law intellectual property research guides at. During that interim period, a time of major expansion of relevant legal doctrines, 2. From this it follows that confusion as to the origin of goods does not necessarily have reference to the actual source or. Provides case analysis and commentary cover evolving legal and. It is available in print at the williams reference desk kf240. To view or download the 2019 supplement to this book, click here.
Trademark and unfair competition conflicts by dornis, tim. View a sample of this title using the readnow feature. Trademark and unfair competition in a nutshell nutshells 9780314163417. Critical issues in the law, coauthored by jonathan jennings and j. Trademarks and unfair competition features many issues related to online commerce, such as cybersquatting, keyword advertising.
Cambridge core competition law trademark and unfair competition conflicts by tim w. Trademark infringement and unfair competition markham law. Essentials of trademarks and unfair competition by dana. Trademark and unfair competition developed at common law originally as a matter of state law, and started in. Cases and materials 9781587782114 by ginsburg, jane c.
If students are unable to attend class, as soon as. Trademarks and unfair competition deskbook, third edition. Legal background and framework o trademark and unfair competition law are enforced on both a state and federal level. Trademarks and unfair competition deskbook by publishers. Trademark and unfair competition law, 7 t h edition west, 2012. Trademark infringement and unfair competition ing the same mark are from the same source. Alms law journal press publishes new book on trademark and. 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.
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. Appendix a lanham trademark act of 1946, as amended through february 1, 2016 and codi. This law concerns not only the unauthorized use of trademarks, service marks, and. This book traces the evolution of trademark from its origin as a. The new edition of this leading casebook covers recent developments, such as the. Case selection is made with an eye toward holding student interest. Legal background and framework o trademark and unfair competition law are enforced on both a. 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. What is the difference between trademark infringement and. Learn more trademark and unfair competition in a nutshell nutshells 2nd edition. From this it follows that confusion as to the origin of goods does not necessarily have reference to the. Alms law journal press today announced the release of a new book, trademarks and unfair competition. Understanding trademark law is a comprehensive and uptodate guide to the law of trademarks and unfair competition. Understanding trademark law by mary lafrance overdrive.
V secret catalogue decision on trademark dilution, is authored by three of the. Alms law journal press publishes new book on trademark. State trademark and unfair competition law by the united states. You can get this code from any reference librarian or at the circulation desk. Law and policy, second edition, continues to feature a complete, balanced, and teachable approach to the trademarks and unfair competition course. We pay great attention to the relationship of trademark and unfair competition law with the other areas of intellectual property law.
Teachbook, based in illinois, isnt launching until fall 2010 and many of the sites links are. Trademark and unfair competition in a nutshell nutshells. 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. Particular attention will be paid as to the legal problems in the area of trademark protection and the ways of remedy such problems. Unfair competition is the same as trademark infringement except without the requirement of the existence of an enforceable trademark. Successfully defended trademark infringement suit, involving first amendment issues, against pee wee scouts childrens book. We have represented some of the worlds best known trademark owners in false advertising, unfair competition, trademark and trade dress disputes. 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.
Trademarks and unfair competition deskbook, third edition david c. Law and policy, fourth edition aspen casebook series 9781454827825. 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. Bishop both have substantial experience in the law of trademark infringement and unfair competition. Book awards book club selections books by author books by series coming soon kids books new releases teens books this months. This case concerns a dancerock bands application for federal trademark registration of.
Unfair competition, both the common law tort and the federal statute, attempt to enforce honest pratices in business. Trademark and unfair competition law by the united states trademark association. These cases are frequently, and most efficiently, decided at an early stage. 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. Table of contents for trademarks and unfair competition. Law and policy, fourth edition aspen casebook series 4th edition.
And an unregistered trademark can be enforced against wouldbe infringers in several ways. Common law unfair competition trademark infringement. Facebook sues teachbook for using book in its name aug. This book is a product of our decades of law school teaching. Full of valuable tips, techniques, illustrative realworld examples, exhibits, and best practices, this handy and concise. 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. We will also supplement the material in the case book with judicial decisions, government reports, articles, and other sources. Unfair competition, both the common law tort and the. Students and instructors alike will welcome the new edition of this highly accessible and engaging casebook.
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. Common law unfair competition is comprised of torts causing economic damages to a business through deceptive or wrongful business practices. Trademark, trade dress, unfair competitionfalse advertising. Trademark and unfair competition conflicts historical comparative. Nonconventional types of trademarks include colors, fragrances, and sounds. 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. A trademark may be a word, phrase, symbol or design, or a combination of these. We both obtain and defend against temporary restraining orders and preliminary injunctions. 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.
Selected intellectual property and unfair competition. Aug 26, 2010 facebook sues startup for using book in name. The trademarks and unfair competition deskbook, ninth edition provides practitioners of trademark and unfair competition law an organized guide to the. Study aids to help in understanding intellectual property. Expertly advise and represent your clients on evolving trademark issues with the trademarks and unfair competition deskbook. The 2018 edition of this venerable collection of primary source materials in intellectual property law incorporates all the latest legislation in the field, making it one of the most uptodate resources for. Most important, even if a trademark is not federally registered, it may still be enforceable under 43a of the lanham act, which creates a federal cause of action for trademark infringement. Trademark and unfair competition in a nutshell nutshells and millions of other books are available for amazon kindle. 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. Trademark, trade dress, unfair competitionfalse advertising, and publicity rights litigation. 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. 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. 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. The book lays a solid foundation covering the basics of obtaining trademark rights, federal trademark registration practice, trademark infringement, defenses, and.
Mcclure i introduction in 1979, the trademark reporter published an article that i had written in law school that surveyed the. 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. Trademark law intellectual property law research guide library. It provides a thorough introduction to the federal laws protecting registered trademarks and trade dress, as well as the broad arr. It provides a thorough introduction to the federal laws protecting registered. Thomas mccarthys comprehensive, twovolume treatise on trademark law and related aspects of unfair competition. 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.