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Trademarks and Unfair Competition: Law and Policy 5th ed

ISBN13: 9781454871057
Published: August 2018
Publisher: Aspen Publishers
Country of Publication: USA
Format: Hardback
Price: Price on Application

The many strands of trademark and unfair competition doctrine are organized into a coherent conceptual framework consisting of a brief examination of foundational concepts, followed by thorough treatments of the law on (1) the creation of trademark rights; and (2) the scope and enforcement of trademark rights and some related causes of action. The traditional case-and-note format is enhanced by problems that help students understand intricate key topics. Trademarks and Unfair Competition features many issues related to online commerce, such as cybersquatting, keyword advertising, the relationship between trademarks and domain names, and the potential secondary liability of online auction websites such as eBay. International as well as domestic (US) issues are thoroughly explored. Comprehensive coverage of trade dress protection is integrated with issues of word mark protection.

New to the 5th Edition:

  • the Tam and Brunetti decisions striking down the scandalousness and disparagement bars to registration
  • extensive coverage of recent case developments on expressive uses of marks in political and artistic contexts
  • the Belmora decision on well-known marks and developments on extraterritorial application of the Lanham Act

Other Jurisdictions , USA
Part I Foundations and Purposes of Trademark and Unfair Competition Law
Chapter 1 Introduction to Trademark and Unfair Competition Law
Part II Creation of Trademark Rights
Chapter 2 Distinctiveness
Chapter 3 Functionality
Chapter 4 Use
Chapter 5 Registration
Part III Scope and Enforcement of Trademark Rights
Chapter 6 Geographic Limits on Trademark Rights
Chapter 7 Confusion-Based Trademark Liability Theories
Chapter 8 Non–Confusion-Based Trademark Liability Theories
Chapter 9 Permissible Uses of Another’s Trademarks
Chapter 10 False Advertising
Chapter 11 Trade Identity Rights in One’s Persona: Endorsement, Attribution, and Publicity
Chapter 12 Remedies
Table of Cases