Trademarks and Unfair Competition: Law and PolicyThis comprehensive casebook is well written and clearly organized. Among the features that make it a success: - the many strands of trademark and unfair competition doctrine are clearly presented using a coherent conceptual framework that is divided into three parts: foundation and purposes, creation, and scope and enforcement - the authors enhance the traditional case and note format by summarizing problems to help students better understand the intricacies of key topics - visual aids are used throughout the book to help illustrate more complicated issues - numerous Internet-related trademark issues are featured, such as cybersquatting and domain name disputes; the relationship between trademarks and domain names is addressed - international trademark issues are skillfully integrated with domestic issues - trade dress protection is given thorough treatment and is integrated with issues of word mark protection - a helpful Teacher's Manual that analyzes the cases and problems. New to the Second Edition: - comprehensive and systematic organization of developing case law on the nature of the defendant's use that is required for infringement, including keyword advertising cases and litigation involving other internet advertising practices - up-to-date coverage of the recent legislative revision of trademark dilution law - new developments regarding the fair use defenses and other defenses to trademark infringement |
Contents
The Nature of Unfair Competition | 12 |
Graeme B Dinwoodie National | 24 |
CREATION OF TRADEMARK RIGHTS | 43 |
Copyright | |
52 other sections not shown
Other editions - View all
Trademarks and Unfair Competition: Law and Policy, Case and Statutory ... Graeme B. Dinwoodie,Mark D. Janis No preview available - 2009 |
Common terms and phrases
2d Cir 9th Cir ACPA actual confusion advertising alleged American analysis applicant's application argues bad faith Cecil McBee Circuit claim color commerce competitors concluded Congress connection consumer confusion Corp Court of Appeals cybersquatting deceptive defendant defendant's descriptive determining dilution Dinwoodie district court doctrine domain name Elvis Elvis Presley evidence factors famous mark feature federal filed foreign functionality functionality doctrine geographic Harrods Holiday Inns identify incontestable inherently distinctive initial interest confusion injunction intent Internet issue Lanham Act likelihood of confusion logo manufacturer Paris Convention parties plaintiff principal register product design provides purchasers Qualitex registered mark relevant requirement restaurant reverse confusion rule secondary meaning Section 43(a sell statute summary judgment Supp term trade dress trademark dilution trademark infringement trademark law trademark owner trademark protection trademark rights TrafFix TTAB UDRP unfair competition United utility patent Wal-Mart word Zatarain's