Trademark Law: Protection, Enforcement, and Licensing
Adam L. Brookman
Aspen Publishers Online, 1999 - Law - 1174 pages
This is the first practical treatise of its kind to approach trademark law from a fully integrated legal and business perspective. It walks you through the major areas of trademark practice: selecting and adopting trademarks; perfecting, exploiting, and maintaining trademark rights, asserting and defending against trademark claims; and business issues in trademark ownership. You'll find clear, concise explanations and illustrative case examples to help you take a course of action in the full range of business scenarios. This book covers every key area, including trademark selection and adoption
-- trademark registration
-- trade dress; conducting due diligence
-- fair use of the trademarks of others
-- enforcement letters
-- and more.
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Business and Legal Strategies for Picking
Adoption and Use of Trademarks for Products
Trademark Protection in General
Trade Dress of Products and Services
Trademark Issues and the Internet
Opposition and Cancellation Proceedings
Business Issues in Trademark Ownership
Table of Cases
Asserting and Defending Against Trademark Claims
1sted 2d Cir 7th Cir action actual confusion advertising affidavit affidavit or declaration amendment applicant's application or registration asserted assignment basic application cancellation Circuit claim color Common Reg consumers Corp court defendant defendant's descriptive dilution domain name evidence examining attorney example extension of protection factors Federal Trademark filing date goods/services goodwill grace period identify Int'l intent-to-use international application international registration Internet Lanham Act LEXIS license likelihood of confusion Madrid Protocol MARK IN ISSUE motion Network Solutions notice October 30 payment personal jurisdiction petition plaintiff Principal Register prior Prods product configuration product or service renewal application request secondary meaning Section security interest statute Supp Supplemental Register Taco Cabana term third party tion trade dress Trademark Act trademark application Trademark Dilution trademark infringement Trademark Office trademark owner trademark registration trademark rights Trademark Rule U.S. TM Reg Unfair Competition USPTO
Page viii - trade-mark" includes any word, name, symbol, or device or any combination thereof adopted and used by a manufacturer or merchant to identify his goods and distinguish them from those manufactured or sold by others.
Page vii - Partnership (section 99), says that "good will may be properly enough described to be the advantage or benefit which is acquired by an establishment beyond the mere value of the capital stock, funds, or property employed therein, in consequence of the general public patronage and encouragement which it receives from constant or habitual customers, on account of its local position, or common celebrity, or reputation for skill or affluence, or punctuality, or from other accidental circumstances or...