Trademark and Unfair Competition Law in a Nutshell

Author: Mark D. Janis

Publisher: West Academic Publishing

ISBN: 9780314163417

Category: Law

Page: 399

View: 9473

This text provides a comprehensive treatment of trademark, unfair competition, and related areas, with international and Internet issues integrated throughout.
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Trademarks and Unfair Competition

Law and Policy

Author: Graeme B. Dinwoodie,Mark D. Janis

Publisher: Wolters Kluwer Law & Business

ISBN: 1543803024

Category: Law

Page: 1080

View: 9882

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 & 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 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 Key Features: coherent conceptual framework clearly delineating creation of rights and enforcement of rights issues traditional case-and-note format, enhanced by problems thorough coverage of trademark issues arising in online commerce integrated coverage of international and domestic doctrine thorough treatment of trade dress protection, integrated with issues of word mark protection
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Trademark and Unfair Competition in a Nutshell

Author: Mark D. Janis

Publisher: West Academic Publishing

ISBN: 9781634609067

Category: Competition, Unfair

Page: 424

View: 2990

This text provides a comprehensive treatment of the law of trademark, unfair competition, false advertising, and the right of publicity.
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Intellectual Property and Unfair Competition in a Nutshell

Author: Charles R. McManis,David J. Friedman

Publisher: West Academic

ISBN: 9780314280640

Category: Law

Page: 567

View: 6899

As its title suggests, this guide offers a broad summary of the law of intellectual property (i.e. patents, copyrights trademarks, trade secrets and a variety of other sui generis forms of protection for innovations and creativity) and the law of unfair competition (i.e. trademark infringement, passing off, trade disparagement, and deceptive advertising). It also touches on related fields of law (i.e. antitrust, consumer protection, regulated industries, and the law governing interference with contractual and noncontractual relations).
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Understanding Trademark Law

Author: Mary LaFrance

Publisher: LexisNexis

ISBN: 1422486443

Category: Law

Page: 410

View: 6585

Understanding Trademark Law is a comprehensive and up-to-date guide to the law of trademarks and unfair competition. 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 and trade dress. Coverage includes the standards and procedures for obtaining federal registration, the rights and remedies available to owners of both registered and common law marks under federal and state law, and the full array of applicable defenses. The text examines both the substantive and procedural rules governing traditional claims for infringement of trademarks and trade dress, as well as claims of dilution, false advertising, and cybersquatting. This is a detailed and sophisticated, yet concise, treatment of the rapidly expanding area of trademark and unfair competition law. All assertions in the text are supported by precise citations to the relevant authorities. In addition to providing a thorough explanation of the fundamentals of each topic, the text identifies those areas in which the law remains unsettled due to conflicting or sparse authorities, makes note of circuit splits and emerging trends in the law, and points the reader toward additional authorities that will enhance his or her understanding of each topic. This text is suitable as an introduction to the field, as a practitioner's desk book, or as a study aid to accompany any of the standard casebooks on the subject.
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Unfair Trade Practices

in a nutshell

Author: Charles R. McManis

Publisher: N.A

ISBN: N.A

Category: Law

Page: 471

View: 2930

Law of Unfair Trade Practices; Interference With Pre-Contractual and Non-Contractual Relations; Interference with Contractual Relations; Use of Similar Trademarks and Trade Names; Product Substitution or Alteration; Appropriation of Publicly Disclosed Trade Values; Appropriation of Non-Publicly Disclosed Trade Values; Injurious Promotional Practices; Injurious Pricing Practices.
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Intellectual Property

Patents, Trademarks, and Copyright in a Nutshell

Author: Arthur Raphael Miller,Michael H. Davis

Publisher: West Academic

ISBN: 9780314278340

Category: Law

Page: 473

View: 4972

Authors Michael Davis and famed Harvard professor Arthur Miller provide authoritative coverage on the foundations of patent protection, patentability, and the patenting process. Presents the fundamentals of trademarks and copyright laws. Text further addresses torts and property, antitrust and government regulation, concepts of federalism and state, and federal conflicts.
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Patent, Copyright & Trademark

An Intellectual Property Desk Reference

Author: Richard Stim

Publisher: Nolo

ISBN: 1413324622

Category: Business & Economics

Page: 608

View: 3144

Whether you are in the world of business or creative arts, you need to understand the laws that govern your work. This is the best book for entrepreneurs and business people to keep on their shelf for when they need understandable legal explanations as well as basic legal overviews and application filing instructions.
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Patent Law in a Nutshell

Author: Martin J. Adelman,Randall R. Rader,Gordon P. Klancnik

Publisher: West Academic

ISBN: 9780314256508

Category: Law

Page: 450

View: 6644

This Nutshell provides a succinct description of the fundamentals of U.S. patent law. Ranging from the acquisition of patent rights to their enforcement, it contains an overview of relevant statutes, rules, and cases that collectively define this area of intellectual property law. Topics include claim construction, obviousness, anticipation, written description and enablement, infringement, remedies, and other notable doctrines. Patent law has evolved quickly in the past few years. This Nutshell captures those changes and relates them well to the overall fabric of intellectual property law. This reference is suitable for use by those with a beginner's knowledge of patent law, but it has sufficient depth to be instructive for every practitioner in this exciting and dynamic field.
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Antitrust Law and Intellectual Property Rights

Cases and Materials

Author: Christopher R. Leslie

Publisher: Oxford University Press, USA

ISBN: 0195337190

Category: Law

Page: 681

View: 3735

In Antitrust Law and Intellectual Property Rights: Cases and Materials, Christopher R. Leslie describes how patents, copyrights, and trademarks confer exclusionary rights on their owners, and how firms sometimes exercise this exclusionary power in ways that exceed the legitimate bounds of their intellectual property rights. Leslie explains that while substantive intellectual property law defines the scope of the exclusionary rights, antitrust law often provides the most important consequences when owners of intellectual property misuse their rights in a way that harms consumers or illegitimately excludes competitors. Antitrust law defines the limits of what intellectual property owners can do with their IP rights. In this book, Leslie explores what conduct firms can and cannot engage in while acquiring and exploiting their intellectual property rights, and surveys those aspects of antitrust law that are necessary for both antitrust practitioners and intellectual property attorneys to understand. This book is ideal for an advanced antitrust course in a JD program. In addition to building on basic antitrust concepts, it fills in a gap that is often missing in basic antitrust courses yet critical for an intellectual property lawyer: the intersection of intellectual property and antitrust law. The relationship between intellectual property and antitrust is particularly valuable as an increasing number of law schools offer specializations and LLMs in intellectual property. This book also provides meaningful material for both undergraduate and graduate business schools programs because it explains how antitrust law limits the marshalling of intellectual property rights.
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Trade Secret Law in a Nutshell

Author: Sharon K. Sandeen,Elizabeth A. Rowe

Publisher: West Academic Publishing

ISBN: 9780314281166

Category: Law

Page: 323

View: 6631

Trade Secret Law is the first and only book in the Nutshell series to cover trade secret law in depth. It was written as a companion to Cases and Materials on Trade Secret Law by Rowe and Sandeen (the first casebook on trade secret law), but adds more practical advice. Thus, it is a useful resource for attorneys and law students alike. It could be a supplement to a course on trade secret law or an IP survey course that covers trade secret law, as most now do. Like the casebook, it focuses on the predominate law governing trade secrets in the U.S.: The Uniform Trade Secrets Act (now applicable in 47 of 50 states). The Trade Secret Law in a Nutshell addresses both international and criminal enforcement of trade secret rights. In February of 2013, President Obama issued a report calling for increased enforcement of trade secret rights both domestically and internationally, making the topic both current and relevant.
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Privacy Law in a Nutshell

Author: John T. Soma,Stephen D. Rynerson,Erica Kitaev

Publisher: N.A

ISBN: 9780314289421

Category: Law

Page: 410

View: 9039

The Privacy Nutshell briefly reviews the historical roots of privacy, and then examines each of these U.S. privacy statutes and regulations. Virtually all governments and businesses face privacy considerations as technology continues to evolve. Legal issues related to privacy are exploding on the U.S. legal scene. The EU has a long history of a strong regulatory privacy regime. The U. S., however, follows a sectoral approach to privacy, whereby Congress responds to each privacy "crisis" with a new statute and set of regulations. This sectoral approach has resulted in a unique series of privacy rules for different areas of society. The Privacy Nutshell is an excellent introductory guide to the legal privacy world.
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Examples & Explanations for Intellectual Property

Author: Stephen M. McJohn

Publisher: Wolters Kluwer Law & Business

ISBN: 1543805353

Category: Law

Page: 636

View: 9797

A favorite classroom prep tool of successful students that is often recommended by professors, the Examples & Explanations (E&E) series provides an alternative perspective to help you understand your casebook and in-class lectures. Each E&E offers hypothetical questions complemented by detailed explanations that allow you to test your knowledge of the topics in your courses and compare your own analysis. Here’s why you need an E&E to help you study throughout the semester: Clear explanations of each class topic, in a conversational, funny style. Features hypotheticals similar to those presented in class, with corresponding analysis so you can use them during the semester to test your understanding, and again at exam time to help you review. It offers coverage that works with ALL the major casebooks, and suits any class on a given topic. The Examples & Explanations series has been ranked the most popular study aid among law students because it is equally as helpful from the first day of class through the final exam.
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The Law of Design

Design Patent, Trademark, & Copyright -problems, Cases, and Materials

Author: Edward Lee,Mark P. McKenna,David L. Schwartz (Law teacher)

Publisher: West Academic Publishing

ISBN: 9780314291035

Category: Design protection

Page: 487

View: 5680

This casebook provides a comprehensive survey of design protection, one of the hottest fields of intellectual property. The casebook is user-friendly and accessible to students of any experience level, including students with no prior knowledge of intellectual property. The casebook takes a practical approach to the study of design protection by including numerous real-world problems for the students to answer as they study the key cases and laws in the casebook. Students are introduced to the key concepts of U.S. design patent law, trademark law, and copyright law that relate to the protection of designs. In addition, the casebook compares the U.S. approach with the popular Community design right of the European Union and also introduces the students to the Hague Agreement Concerning the International Registration of Industrial Designs. Several exam-style questions are included in the final chapter for the students to test their knowledge of the materials.
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Moneyball (Movie Tie-in Edition) (Movie Tie-in Editions)

Author: Michael Lewis

Publisher: W. W. Norton & Company

ISBN: 0393338398

Category: Business & Economics

Page: 317

View: 1969

Explains how Billy Beene, the general manager of the Oakland Athletics, is using a new kind of thinking to build a successful and winning baseball team without spending enormous sums of money.
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The Indigo Book

Author: Christopher Jon Sprigman

Publisher: Lulu.com

ISBN: 1892628023

Category: Citation of legal authorities

Page: 201

View: 431

This public domain book is an open and compatible implementation of the Uniform System of Citation.
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Trade Dress and Design Law

Author: Graeme B. Dinwoodie,Mark D. Janis

Publisher: Wolters Kluwer Law & Business

ISBN: 1454831693

Category: Law

Page: 608

View: 6812

Building on their well-received casebook, Trademarks and Unfair Competition: Law and Policy, the authors present Trade Dress and Design Law, the first student text to offer an integrated treatment of the forms of intellectual property protection available for trade dress and designs. This exceptional paperback may be used as the main text in an advanced course devoted to trade dress and designs, or may be used as a supplemental text for an advanced survey course or a variety of other intellectual property courses. This addition to the exciting Elective Series offers an analysis and comparison of the protection of trade dress and designs under numerous intellectual property regimes, including: a detailed exploration of the protection of trade dress and designs under trademark and unfair competition laws thorough treatment of design patent law, an area that is neglected in most student texts on intellectual property exploration of the application of copyright protection to pictorial, graphic and sculptural works, architectural works, and works of visual art, among others coverage of sui generis design protection regimes integrated discussions of European and international sources
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Legal Drafting in a Nutshell

Author: Thomas R. Haggard,George W. Kuney

Publisher: West Academic

ISBN: 9780314184184

Category: Law

Page: 497

View: 3301

Legal Drafting in a Nutshell, 3d edition, provides guidance on producing transactional documents, contracts, instruments, legislation, and regulations that solve existing problems and prevent future problems. The book provides both a large scale, macro overview of the drafting process as well as small scale, micro focused discussion of the mechanics of legal documents at the sentence, word, and punctuation level. The third edition has been extensively revised to include focused, concrete discussion of ambiguity, vagueness, definitions, representations, warranties, covenants, conditions, document formatting, and drafting ethics. Legal drafting is as much a thought process as a writing process; clear thinking leads to clear drafting. This book is a guide for clear, structured thinking about drafting in order to provide readers with a structured process to follow when assembling useful legal documents. Its authors bring a unique combination of theory and practice experience to th
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