Trademarks and Unfair Competition: Law and Policy
Wolters Kluwer Law & Business/Aspen Publishers, 2007 - Law - 939 pages
Students and instructors alike will welcome the new edition of this highly
accessible and engaging casebook. Thoroughly updated to reflect recent
developments, Trademarks and Unfair Competition: Law and Policy, Second
Edition, continues to feature a complete, balanced, and teachable approach
to the trademarks and unfair competition course.
This 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
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
New developments regarding the fair use defenses and other defenses to
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INTRODUCTION TO TRADEMARK AND UNFAIR
B The Nature of Unfair Competition Law
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2d Cir 9th Cir ACPA advertising alleged analysis applicant’s application bad faith beneﬁt Cecil McBee Circuit claim color commerce competitors concluded conﬁguration conﬁision Congress Corp cybersquatting deceptive defendant defendant’s deﬁned deﬁnition descriptive determining dilution Dinwoodie district court doctrine domain name Elvis Elvis Presley evidence factors famous mark feature federal ﬁ'om ﬁled ﬁling ﬁnd ﬁnding ﬁrm ﬁrst foreign functionality functionality doctrine geographic Harrods Holiday Inns identiﬁed incontestable inﬁingement inherently distinctive initial interest confusion injunction intent Internet issue Iudge Lanham Act likelihood of confusion logo manufacturer Paris Convention parties plaintiff principal register product design provides purchasers relevant requirement restaurant reverse confusion secondary meaning Section 43(a sell signiﬁcant similar speciﬁcally 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 user’s utility patent Wal-Mart word