The trademarks and unfair competition deskbook 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. Do not modify a trademark from its possessive form if the trademark is possessive. He is also the author of three chapters in the book patent law in greater. Understanding trademark law is a comprehensive and uptodate guide to the law of trademarks and unfair competition. This casebook presents the basic principles of trademark and unfair competition law and procedure, including expert legal analysis. Trademarks and unfair competition deskbook by publishers. 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. Trademark and unfair competition in a nutshell nutshells 9780314163417. We regularly handle trademark and unfair competition claims in federal circuit and district courts as well as before the international trade commission and the uspto trademark and trial and appeal board. Cap trademarks and unfair competition, twelfth edition. In addition to offering statespecific trademark registrations, state laws can serve important functions in the area of unfair competition law and related fields. Cases and comments by maggs in trademark, including the facts, issue, rule of law, holding and reasoning, key terms, and. Named a rising star for new york by super lawyers 20152016 selected to the pennsylvania super lawyers rising star list 2018, 2019.
You can get this code from any reference librarian or at the circulation desk. Appendix a lanham trademark act of 1946, as amended through february 1, 2016 and codi. Trademarks and unfair competition deskbook directs you through the latest decisions and legislative enactments. Trademarks and unfair competition deskbook book, 20. There is a federal version of unfair competition embodied in section 43a of the lanham act, which prohibits the use, with goods or services, of a false designation of origin or a false or misleading description or representation of fact. Subscribers can favorite, read, and mark up their study aids. Trademark and unfair competition harvard law school. Trademark use on signboards by unauthorised retailers. What constitutes an unfair act varies with the context. The competition introduces law students to important issues arising in u. In addition to the technical requirements for trademark. Pro bono legal clinic for underprivileged citizens at the odessa national academy. Trademarks and unfair competition, international trademark law, international intellectual property law, e.
National intellectual property law deskbook expertly advise and represent your clients on evolving trademark issues with the trademarks and unfair competition deskbook. Unfair competition is the same as trademark infringement except without the requirement of the existence of an enforceable trademark. This course will introduce students to the federal lanham act and related common law doctrines designed to protect against consumer confusion and appropriation of commercial goodwill. Trademark use by unauthorized dealers when reselling genuine products, if exceeding certain limits, will constitute trademark infringement or unfair competition. This guide is a unique and easytouse reference tool offering an uptodate synthesis of current and developing trademark and unfair competition law in one concise volume. Trademarks and unfair competition 12015 3 welcome to another issue of our informative bulletin from the fields of trademark and competition law in poland and the european union. Trademark and unfair competition law and millions of other books are available for amazon kindle.
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. Seriously, unfair competition is the creation of a false impression as to the source, origin, sponsorship or endorsement of products or services without the use of a trademark. What is the difference between trademark infringement and. Revisions were made to the trademark law, law against unfair competition, and administrative licensing law. Trademarks and unfair competition lexisnexis store.
At its core, unfair competition is a business tort designed to stop any unfair. The saul lefkowitz moot court competition is an annual event honoring saul lefkowitz, whose entire distinguished career was dedicated to the development of trademark and unfair competition law. Unfair competition does not refer to the economic harms involving monopolies and antitrust legislation. This guide is a unique and easytouse reference tool offering an uptodate synthesis of current and developing trademark and unfair competition law. 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. Cases, materials, and problems american casebook series trademark and unfair competition law.
Law and policy, fourth edition aspen casebook series 9781454827825. Study aids to help in understanding intellectual property. Nutshells are little paperback books that give a concise overview of an area of law. Trademark and unfair competition law, in its entirety, can also be found on lexis advance. Cap trademarks and unfair competition, eleventh edition. Unfair competition is essentially a deceptive or wrongful business practice that economically harms either consumers or business entities. 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.
A collection of case briefs from trademark and unfair competition law. Enter your mobile number or email address below and well send you a link to download the free kindle app. There is no part of the law which is more plastic than unfair competition. The trademarks and unfair competition deskbook, seventh edition provides practitioners of trademark and unfair competition law an organized guide to the decisions, legislation, treatises, and. Supreme court poised to reverse cafc trademark decision on. 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. Today he coheads the ipit team and leads the china ip desk at daldewolf, a full service belgian business law firm. State laws mainly govern unfair competition, although issues of trademark infringement, false advertisement, and s often involve federal laws as well. V secret catalogue decision on trademark dilution, is authored by three of the. This book should be read by any scholar or practitioner interested in the international aspects of intellectualpropertygenerally, and trademark and unfair competition. The courts view of what constitutes appropriate business conduct and what constitutes unfair competition shifts with time. The senate committee reporting on the federal trademark act of 1946 succinctly stated that, unfair competition is the genus of which trademark infringement is one of the speciesall trademark cases are cases of unfair competition with respect to unfair competition, trademark law.
Trademarks and unfair competition, twelfth edition 9781531010966. View or download the free 2016 online supplement for this product. On tuesday, the supreme court heard oral arguments in romag fasteners v. Foundations and purposes of trademark and unfair competition law.
Where a retailer uses multiple trademarks on a signboard without the rightsholders permission see figure 1, it will be even more difficult for the rights holders to establish unfair use. The trademarks and unfair competition deskbook, ninth edition provides practitioners of trademark and unfair competition law an organized guide to the. 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. Of particular interest this time is a legislative initiative by the ohim regarding an accelerated procedure for registering community trademarks. It provides a thorough introduction to the federal laws protecting registered trademarks and trade dress, as well as the broad array of federal and state unfair competition doctrines which protect unregistered trademarks. Trademarks and unfair competition deskbook by david c. We have a track record of success in bringing and defending trademark and trade dress infringement, unfair competition, and false advertising cases. Mccarthys desk encyclopedia of intellectual property, supra note. Essentials of trademarks and unfair competition by dana. Iryna vyshynska counsel hickman palermo becker bingham.
Study aids subscription, from west academic publishing, is an online subscription based service that provides access to hundreds of study aids. Ecommerce and the internet have sparked phenomenal growth in recent years in the scope and significance of trademark and unfair competition law. Introduction to trademarks and unfair competition law. Kilmer practices in the areas of trademark, and unfair competition law. Trademarks and unfair competition deskbook lexisnexis store.