Thomas mccarthys comprehensive, twovolume treatise on trademark law and related aspects of unfair competition. The united states trademark association produced this encyclopedic volume and must be commended for this valuable tool. Contents preface xxiii part i foundations and purposes of trademark and unfair competition law 1 introduction to trademark and unfair 1 competition law 3 a. Janklow professor of literary and artistic property law columbia law. We will also supplement the material in the case book with judicial decisions, government reports, articles, and other sources. Particular attention will be paid as to the legal problems in the area of trademark protection and the ways of remedy such problems.
Dinwoodie, 9781848442375, available at book depository with free delivery worldwide. Dinwoodie professor oflntellectual property and information technology law university of oxford, uk and mark. Handouts in class periodically guidelines and requirements a. The courts view of what constitutes appropriate business conduct and what constitutes unfair competition shifts with time. We will ask why, and in what circumstances, things like words, symbols, slogans, product design, packaging, smells, sounds, and restaurant decor can serve as trademarks. Bishop both have substantial experience in the law of trademark infringement and unfair competition. We both obtain and defend against temporary restraining orders and preliminary injunctions. An uptodate synthesis of current and developing trademark and unfair competition law in one concise volume. Wework files complaint against urwork for trademark. Trademark infringement and unfair competition markham law. Navigating venue and jurisdiction in trademark cases.
Author of mccarthy on trademarks and unfair competition. For example, false advertising used to be considered and referred to as unfair competition, but now it has a special name of its own. Trademark, copyright, trade secret, and unfair competition. Trademark and unfair competition law will be taught completely online via zoom this semester, augmented by information on the blackboard website. Thus, when dealing with a trademark issue, the first question to ask is whether the trademark is a state common law trademark or a federally registered trademark. David craig hilliard, joseph nye welch ii, uli widmaier. Identify special rules under trademark law for design, trade dress, and famous marks. Jul 06, 2017 trademark and unfair competition actions brought under the lanham act advantages provides enforcement mechanism for a plaintiff whose trademarks do not meet federal requirements e. The trademarks and unfair competition deskbook, ninth edition provides practitioners of trademark and unfair competition law an organized. View a sample of this title using the readnow feature. Unfair competition, both the common law tort and the federal statute, attempts to enforce a certain level of honest practices in. We will ask why, and in what circumstances, things like words, symbols, slogans, product design.
These law suits incorporate a dispute over an existing design. Also a leader of the international trademark bar, he was a u. Appendix a lanham trademark act of 1946, as amended through february 1, 2016 and codi. These cases are frequently, and most efficiently, decided at an early stage. Trademark and unfair competition law boston college. This barcode number lets you verify that youre getting exactly the right version or edition of a book. 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. May 09, 2018 this year, the great city of seattle, washington is the location of both the international trademark association annual meeting may 1923 and the american intellectual property law association. If students are unable to attend class, as soon as. This law concerns not only the unauthorized use of trademarks, service marks, and. Trademark law intellectual property research guides at. 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. Guide companies in obtaining trademark rights through use and registration with the united states patent and trademark office uspto.
State statutory andor common law unfair competition or passing off provisions statutory section general state statute prohibiting unfair competition, imitation of unregistered names and marks or. Alms law journal press publishes new book on trademark and unfair competition issues. Zoom videoconferences will be held at regular class times. This barcode number lets you verify that youre getting exactly the right version or edition. V secret catalogue decision on trademark dilution, is authored by three of the.
We will focus on the federal lanham act and also cover some aspects of state unfair competition law. Mccarthy on trademarks and unfair competition, 5th thomson. 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 in a nutshell nutshells 2nd edition by mark janis author 5. Dinwoodie professor oflntellectual property and information technology law university of oxford, uk and mark d.
Grading the grade for the class will be based on a final exam, which will most likely be some kind of takehome exam. Identify trademark law basics, including distinctiveness, infringement, functionality, and ownership. Cases and materials retains the successful features of earlier editions, but has been thoroughly updated since the last edition was published in 2007. The fifth edition of trademark and unfair competition law. Updates on the computer fraud and abuse act, economic espionage act, utsa preemption of common law claims and federal trade secret laws. Trademark and unfair competition law, 7 t h edition west, 2012. Trademark and unfair competition law book depository.
Alms law journal press publishes new book on trademark and. International universal unification of the conflictoflaw regulation of crossborder unfair competition. Trademark and unfair competition conflicts by tim w. State trademark and unfair competition law, together with its updates, is the most current authority on state trademark law. We have a track record of success in bringing and defending trademark and trade dress infringement, unfair competition, and false advertising cases. Buy mccarthy on trademarks and unfair competition, 5th at legal solutions from thomson reuters.
This year, the great city of seattle, washington is the location of both the international trademark association annual meeting may 1923 and the american intellectual property law. Of particular interest this time is a legislative initiative by the ohim regarding an accelerated procedure for registering community trademarks. Fordham intellectual property, media and entertainment law. Mcclure i introduction in 1979, the trademark reporter published an article that i had written in law school that surveyed the. What marks are eligible for protection pages 623675 lanham act section 43d. Mccarthy on trademarks and unfair competition this multivolume preeminent treatise discusses the function of trademarks and their protection, assignment and licensing, infringement, the principles of. Professor mccarthys treatise mccarthy on trademarks and unfair competition. Table of contents for trademarks and unfair competition. Alms law journal press today announced the release of a new book, trademarks and unfair competition. Law and policy, fourth edition aspen casebook series 9781454827825. It should not be considered to replace advice from an attorney.
Cases and comments american casebook series 7th edition by peter maggs author, roger schechter author 4. Trademark and unfair competition in a nutshell nutshells 9781634609067. Many unfair competition disputes are directed by an explicit specification under the federal trademark statute known as the lanham act. Mccarthy on trademarks and unfair competition lillian. Attendance and participation we expect students to attend class.
Eleven years passed between editions of professor j. These law suits incorporate a dispute over an existing design, published or unpublished text or a symbol and images such as a logo that can be deemed a trademark or may act as one. The internet, social media, and global commerce continue to spark phenomenal growth in the scope and importance of trademark and due to covid19, orders may be delayed. Trademarks and unfair competition lexisnexis store. Janklow professor of literary and artistic property law columbia law school jessica litman john f. Lucas chair in law indiana university maurer school of law, usa critical concepts in intellectual property law. For example, false advertising used to be considered and referred to as unfair. Apr 28, 2014 trademark and unfair competition law by graeme b. We are thrilled to celebrate professor mccarthys 40 years with. Mccarthy on trademarks and unfair competition, volumes 17 intellectual property library mccarthy on trademarks and unfair competition, mccarthy on trademarks and unfair competition. The internet, social media, and global commerce continue to spark phenomenal growth in the scope and importance of trademark and due to covid19, orders may. Sources and nature of trademark rights 3 the trade mark cases 3 hanover star milling co. During that interim period, a time of major expansion of relevant legal doctrines, 2. 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.
Sources and nature of trademark rights 3 the trade mark. The last chapter will focus on trademark law as a tool of protection against unfair competition in ukraine. Historically, unfair competition did some trademark work. With the rise of internet marketing and ecommerce around the world, international and crossborder. Trademarks and unfair competition deskbook lexisnexis store. This law concerns not only the unauthorized use of trademarks, service marks, and trade dress, but also false advertising, trademark dilution, trademark tarnishment, palming off, unfair competition, and related offenses. 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.
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