View a sample of this title using the readnow feature. Apr 28, 2014 trademark and unfair competition law by graeme b. We will also supplement the material in the case book with judicial decisions, government reports, articles, and other sources. Coverage extends to protection against unfair competition, unfair advertising and. Alms law journal press publishes new book on trademark. Lucas chair in law, indiana university maurer school of law, us. Trademarks and unfair competition deskbook lexisnexis store. The first was trademark infringement, and the second was unfair competition.
The last chapter will focus on trademark law as a tool of protection against unfair competition in ukraine. This book is in its fourth edition and has been in print for almost thirty five years. International universal unification of the conflictof law regulation of crossborder unfair competition. This guide offers a broad summary of the law of intellectual property patents, s trademarks, trade secrets, and a variety of other sui generis forms of protection for innovations and creativity and the law of unfair competition trademark infringement, passing off, trade disparagement, and deceptive. Trademark and unfair competition conflicts by tim w. 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. What is required is an unfair appropriation of the product of anothers labor or talent. It was actually written in the 30s but world war ii got in the way. Courts did focus on consumer deception in these cases, but only. Thomas mccarthy, mccarthy on trademarks and unfair competition, 5th ed. A strong mark is inherently distinctive, for example, an arbitrary or fanciful mark.
Law and policy, second edition, continues to feature a complete, balanced, and teachable approach to the trademarks and unfair competition course. Professor mccarthy is the author of the sevenvolume treatise trademarks and unfair competition, published by thomsonwest. 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. Trademarks and unfair competition deskbook shop law books. Maggs and schechters trademark and unfair competition law book.
The new york law of unfair competition has been broadened. Trademark and unfair competition law book depository. The courts view of what constitutes appropriate business conduct and what constitutes unfair competition shifts with time. With the rise of internet marketing and ecommerce around the world, international and crossborder. Zoom videoconferences will be held at regular class times. A survey of the law of trademarks, trade secrets, the right of publicity, and unfair competition. Trademark and unfair competition law will be taught completely online via zoom this semester, augmented by information on the blackboard website. Particular attention will be paid as to the legal problems in the area of trademark protection and the ways of remedy such problems. The law of unfair competition is primarily comprised of torts that cause economic injury to a business through a deceptive or wrongful business practice. Then you can start reading kindle books on your smartphone, tablet, or computer no kindle device required. Nonconventional types of trademarks include colors, fragrances, and sounds. Intellectual property law regulates a public good has natural law and economic incentive justifications. There are few clearer or more interesting examples of the influence of equitable princi ples upon the common law than that shown in the change in the american law respecting property rights in trademarks.
Discover book depositorys huge selection of trademarks law books online. Unfair competition, both the common law tort and the federal statute, attempt to enforce honest pratices in business. We pay great attention to the relationship of trademark and unfair competition law with the other areas of intellectual property law. A trademark may be a word, phrase, symbol or design, or a combination of these. I have recently expanded my practice to include the above areas. We also help them develop and manage worldwide ip portfolios, develop terms and logos as trademarks andor service marks, negotiate licensing agreements, and assert and defend infringement and unfair competition claims in u. Nutshells are little paperback books that give a concise overview of an area of law. The courts give a fairly broad definition of what constitutes unfair competition, with prior case law lending guidance in defining the. Alms law journal press today announced the release of a new book, trademarks and unfair competition. Thomas mccarthy follow this and additional works at. This book is a product of our decades of law school teaching. 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. 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.
This book is in its fourth edition and has been in. English cases impose a standard of reasonableness on competitive actions. Trademarks and unfair competition university of alabama. We will also supplement the material in the case book with judicial decisions, government reports, articles, and. Fordham intellectual property, media and entertainment law.
American association of law schools intellectual property section meeting article 2 trademarks, cybersquatters and domain names j. Law and policy, fourth edition aspen casebook series 9781454827825. He is the founding director of the mccarthy institute of intellectual property and technology law. Written by ip practitioners for ip practitioners, this easytouse, wellindexed deskbook enables you to quickly find the. Dinwoodie, global professor of intellectual property law, iit chicagokent college of law and mark d. 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. Students and instructors alike will welcome the new edition of this highly accessible and engaging casebook. Intellectual property duke university school of law. We now hold that this provision violates the free speech clause of the first amendment.
Overview of unfair competition law historical development o in the late 1800s early 1900s, there were two kinds of torts available to protect marks. Trademarks, copyrights and unfair competition kramer levin. Coverage extends to protection against unfair competition, unfair advertising and pricing and the unlawful conduct of business. Board of supervisors for louisiana state university agricultural and mechanical college v. We also help them develop and manage worldwide ip portfolios, develop terms and logos as trademarks and or service marks, negotiate licensing agreements, and assert and defend infringement and unfair competition claims in u. Maggs and schechters trademark and unfair competition law. Case selection is made with an eye toward holding student interest. The trademarks and unfair competition class meets weekly at the university of baltimore school of law in room 1002 on mondays from 4. Trademark and unfair competition law and millions of other books are available for amazon kindle. Common law unfair competition is comprised of torts causing economic damages to a business through deceptive or wrongful business practices. Relation of trademark infringement to the law of unfair competition. It provides a thorough introduction to the federal laws protecting registered. The law of unfair competition, trademarks and monopolies. State trademark and unfair competition law by the united states trademark association clark boardman company, ltd.
The patent and trademark office pto denied the application based on a provision of federal law prohibiting the registration of trademarks that may disparage. Most states recognize two common law forms of unfair competition relating to trademarks. Trademarks and unfair competition law 752 23 hours. Trademark and unfair competition law critical concepts in intellectual property law series edited by graeme b. In 1978 i received my second law degree in trade regulation from the new york university school of law which encompasses the practice of trademark, patent law, and unfair competition litigation. With chapters on goodwill, trade secrets, defamation of competitors and their goods, registration of trademarks under the federal trademark act, price cutting, etc. Critical issues in the law, coauthored by jonathan jennings and j. International universal unification of the conflictoflaw regulation of crossborder unfair competition. Patent and trademark office as well as before the french national institute of.
Enter your mobile number or email address below and well send you a link to download the free kindle app. Instead, trademark law, like all unfair competition law, sought to protect producers from illegitimate diversions of their trade by competitors. She is a graduate of indiana university, phi beta kappa, and the university of michigan law school. To that end, we provide a full spectrum of legal services to help you foster the success of your trademark while protecting it from the potential perils of becoming too popular. From the practising law institute, this fully updated looseleaf guide covers the basics of american trademark law from registration through litigation. State trademark and unfair competition law, together with its updates, is the most current authority on state trademark law. Dinwoodie, 9781848442375, available at book depository with free delivery worldwide.
This casebook presents the basic principles of trademark and unfair competition law and procedure, including expert legal analysis. The protection of threedimensional shape trademarks and. Alms law journal press publishes new book on trademark and unfair competition issues. Alms law journal press publishes new book on trademark and. Janet has taught trademarks and unfair competition at northwestern university pritizker school of law and guest lectured at the university of chicago and chicago kent college of law. Replace the final sentence of question 5 with the following sentence. 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. Understanding trademark law is a comprehensive and uptodate guide to the law of trademarks and unfair competition. Essentials of trademarks and unfair competition by dana.
Palming off is no longer a necessary requisite of unfair competition. In the field of state trademark and unfair competition law, to my knowl. 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. The united states trademark association produced this encyclo. 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. Trademark passing off or reverse trademark passing off two examples of unfair competition, recognized by state unfair competition laws as well as federal law under section 43a of the lanham act, are passing off and reverse passing off. Trademark, copyright, patent and unfair competition claims. The law of unfair competition, trademarks and monopolies a multivolume treatise which comprehensively covers the law of unfair competition as well as antitrust law. Trademark and unfair competition in a nutshell nutshells and millions of other books are available for amazon kindle. Unfair competition can be broken down into two broad categories. Common law unfair competition trademark infringement.
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