Author: Mary LaFrance
View: 498Understanding 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.
Author: Mary LaFrance
View: 2556This Understanding treatise 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.
Author: Donald S. Chisum,Tyler T. Ochoa,Shubha Ghosh,Mary LaFrance
View: 8139Understanding Intellectual Property Law, Third Edition covers all of the intellectual property areas and issues likely to be addressed in an intellectual property survey course. After a comprehensive Introduction in Chapter 1, the general areas covered in the remaining chapters include: • Patents • Trade Secrets • Copyright • Trademarks, and • Other Intellectual Property Rights such as: • Design Protection • Plant Protection • Semiconductor Chip Protection • False Advertising • Misappropriation • Rights of Publicity • Idea Submission This new edition also includes: • Coverage of major Supreme Court cases in intellectual property from the past decade • Changes made in response to the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) • Synthesis and reorganization of materials on patentable subject matter • Developments in trade secret law, including adoption of the Uniform Trade Secrets Act (UTSA) • Synthesis and reorganization of materials on copyrightable subject matter • New material on secondary liability, including Grokster, Global-Tech, and the safe harbors and notice-and-takedown provisions for online service providers • Coverage of the Digital Millennium Copyright Act, including anti-circumvention and copyright management information • New materials on Internet technology, including streaming, search engines, keyword advertising, domain names, and cybersquatting • Completely revised coverage of trademarks, including the Federal Trademark Dilution Act and the Trademark Dilution Revision Act The eBook versions of this title feature links to Lexis Advance for further legal research options.
A Beginner's Guide
Author: Linda A. Tancs
Publisher: Oxford University Press
View: 6405As of 2008, over 400,000 trademark applications were filed with the U.S. Patent and Trademark office. In this Legal Almanac, Linda A. Tancs provides an overview of intellectual property as it relates to trademarks. Understanding Trademark Law: A Beginner's Guide offers readers an introduction on how to register, maintain, and enforce trademark rights and step-by-step guidance on how to register a mark with the PTO. In addition, this publication explores important topics such as: how to protect and use a trademark, how to complete a trademark application, pre- and post-registration procedures of the PTO, how to monetize trademark assets, infringement issues such as likelihood of confusion, dilution, and counterfeiting as well as the intersection of trademarks and e-commerce. The appendices, together with the bibliography and recommended reading section, provide relevant statutes and other information to expand research. The glossary contains a summary of key terms defined throughout the book. This user-friendly resource is essential for anyone seeking an introduction to trademark law.
An Intellectual Property Desk Reference
Author: Richard Stim
Category: Business & Economics
View: 8058Whether 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.
A Practical Guide to Trademark Management for Attorneys and Paralegals
Author: Carol Chadirjian
View: 615We come in contact with many trademarks each day on television, retail stores, Internet. The Business of Trademarks explains why trademarks are so important to businesses and how they identify the manufacturer and guarantee consistent quality to achieve brand loyalty. The Business of Trademarks is intended as a practical guide for those new to trademarks, including attorneys, paralegals and law students requiring a concise, comprehensive book on trademark prosecution to gain the skills and knowledge necessary to perform day-to-day trademark work diligently, confidently and with efficiency. Specific topics covered are: * Trademark searching for clearance * Forms to be filed with the Patent and Trademark Office * Famous trademarks and trade dress * Responding to office actions * Methods of enforcing trademarks * Trademarks in commercial transactions Business of Trademarks is unique from other publications because it explains trademark management from a hands-on approach, including administrative duties which few attorneys handle themselves.
Author: Marshall A. Leaffer
View: 4138The landscape of copyright law has changed dramatically since the last edition of Understanding Copyright LawThis new edition of Understanding Copyright Law has incorporated all the recent case law and legislative developments, focusing on the challenges of the digital age. Written with clarity and precision, this edition of Understanding Copyright Law remains the most accessible and comprehensive text for students of copyright law. The eBook versions of this title feature links to Lexis Advance for further legal research options.
Author: Graeme B. Dinwoodie,Mark D. Janis
Publisher: Edward Elgar Pub
View: 4064This comprehensive two-volume collection of leading articles in trademark and unfair competition law spans almost a century and three continents, bringing together the most influential and significant scholarly work in this exciting field. These essential volumes, with a new and original introduction by two leading contemporary writers, are organised in a way that highlights essential concepts and will be invaluable both for those taking their first steps in the area and for those seeking to re-acquaint themselves with the classics.
Author: Margreth Barrett
Publisher: Wolters Kluwer Law & Business
View: 9410The most trusted name in law school outlines, Emanuel Law Outlines were developed while Steve Emanuel was a student at Harvard Law and were the first to approach each course from the point of view of the student. Invaluable for use throughout your course and again at exam time, Emanuel Law Outlines are well-correlated to all major casebooks to help you to create your own outlines. Sophisticated yet easy to understand, each guide includes both capsule and detailed explanations of critical issues, topics, and black letter law you must know to master the course. Quiz Yourself Q&As, Essay Q&As, and Exam Tips give you ample opportunity to test your knowledge throughout the semester and leading up to the exam. Every title in the series is frequently updated and reviewed against new developments and recent cases covered in the leading casebooks. Emanuel Law Outlines provide a comprehensive breakdown of the law, more sweeping than most, for your entire study process. For more than thirty years, Emanuel Law Outlines have been the most trusted name in law school outlines. Here s why: Developed by Steve Emanuel when he was a law school student at Harvard, Emanuel Law Outlines became popular with other law students and spawned an industry of reliable study aids. (Having passed the California bar as well, Steve Emanuel is now a member of the New York, Connecticut, Maryland, and Virginia bars.) Each Outline is valuable throughout the course and again at exam time. Outline chapters provide comprehensive coverage of the topics, cases, and black letter law covered in the course and major casebooks, written in a way you can easily understand. The Quiz Yourself Q&A in each chapter and the Essay Q&A at the end provide ample opportunity to test your knowledge throughout the semester. Exam Tips alert you to the issues that commonly pop up on exams and to the fact patterns commonly used to test those items. The Capsule Summary an excellent exam preparation tool provides a quick review of the key concepts covered in the course. The comprehensive coverage is more sweeping than most outlines. Each Emanuel Law Outline is correlated to the leading casebooks. Every title is frequently updated and reviewed against new developments and recent cases covered in the leading casebooks. Tight uniformity of writing style and approach means that if you use one of these guides, you can be confident that the others will be of similar quality.
Author: Douglas E. Ray,Calvin William Sharpe,Galen J. Roush,Robert N. Strassfeld
View: 1843This Understanding treatise examines the multifaceted and complex law of private-sector Labor Law. Because Understanding Labor Law focuses on relations between management and labor in the private sector, it deals primarily with the National Labor Relations Act, as amended, and its interpretation and application by the federal courts and the National Labor Relations Board. The book is organized in a format that is consistent with the organization of most Labor Law courses. At the end of each chapter is a section titled "Chapter Highlights," summarizing some of the major doctrines discussed in the chapter. This eBook features links to Lexis Advance for further legal research options.
Author: Charles Gielen,Verena von Bomhard
Publisher: Kluwer Law International
View: 6915The expansion of the European Union from 15 Member States in 1996 to currently 27 has triggered further discussion of pan-European trademark protection, its requirements and limitations. Concise European Trademark and Design Law aims to offer the reader a rapid understanding of the provisions of trademark and design law in force in Europe and features.
Author: Howard B. Rockman
Publisher: John Wiley & Sons
View: 5372An excellent text for clients to read before meeting with attorneys so they'll understand the fundamentals of patent, copyright, trade secret, trademark, mask work, and unfair competition laws. This is not a "do-it-yourself" manual but rather a ready reference tool for inventors or creators that will generate maximum efficiencies in obtaining, preserving and enforcing their intellectual property rights. It explains why they need to secure the services of IPR attorneys. Coverage includes employment contracts, including the ability of engineers to take confidential and secret knowledge to a new job, shop rights and information to help an entrepreneur establish a non-conflicting enterprise when leaving their prior employment. Sample forms of contracts, contract clauses, and points to consider before signing employment agreements are included. Coverage of copyright, software protection, and the Digital Millennium Copyright Act (DMCA) as well as the procedural variances in international intellectual property laws and procedures.
A Handbook of Contemporary Research
Author: Graeme B. Dinwoodie,Mark D. Janis
Publisher: Edward Elgar Publishing
View: 9977Boasting an impressive list of contributors, this first edition of Trademark Law and Theory brings together a compilation of well-written and powerfully argued works by leading international academics. The book is certainly one of the most extensive and thought provoking overviews of contemporary trademark law and theory yet to be published. . . Whilst all the contributions share in common their examination of the rapidity of change within trademark systems, the editors should be commended on their generous seasoning of other cross cutting themes throughout the Handbook. . . This fascinating compendium enriches our understanding of the shape, substance, and form of trademark law and theory. . . this Handbook is perhaps a rare exception to the adage that no book can be all things to all men . Its broad sweep approach and cross cutting themes enable a range of interested parties, such as policymakers; academics in the fields of marketing, business, consumer psychology; in addition to the usual suspects; to dip in and out of the Handbook as they wish. . . a unique and erudite collection of essays concerning trademark law and theory. . . Odette Hutchinson, Communications Law Trademarks is an area of vital, practical everyday concern, and the idea of producing a volume that brings together the perspectives of 19 thoughtful and experienced legal scholars is a bold and exciting initiative. The present volume does not disappoint and the two editors are to be congratulated on orchestrating an ensemble that simultaneously informs and stimulates. The title is apt: it is truly contemporary and is highly theoretical and doctrinal in character, while the interesting choice of the word handbook suggests clearly that this is a work in progress, a snapshot at a particular time of the challenging lines of individual research that each contributor to the volume is undertaking. It is a fine addition to a larger series of research handbooks in intellectual property published by Edward Elgar under the series editorship of Jeremy Phillips. . . The editors have done a fine job in presenting this material in such a clear and coherent fashion. . . this is an excellent and rewarding volume of readings that will be of interest to anyone working in the area of trademarks, whether as an academic or as a practitioner. Indeed, for the practitioner it will be of particular value, in that it contains, and opens up, many areas of inquiry that may not always be apparent when working at the coalface of a particular problem. . . For both kinds of readers, the real value of the volume is to have so many different kinds of perspectives brought together within the space of a single volume. . . this is a handsome production: the publishers and editors are to be commended on the clarity and cleanness of the typeface and headings, the thoroughness of the index, and the accuracy of their proof reading. It has also been given a striking and evocative cover. Sam Ricketson, University of Melbourne Law School Australia, European Intellectual Property Review Trademark Law and Theory is a first-rate exploration of the issues that will dominate trademark law in the 21st century. Authors from five continents provide a truly global perspective on the present and future of trademark law. An exceptional collection of contributors and contributions. Robert Denicola, University of Nebraska, US This compendium is an excellent source of writing on all aspects of trademark law and practice by experts from Europe, the United States, South Africa, Singapore, New Zealand and Australia. It will be a stimulating read for lawyers, academics, students and policymakers alike on the present and developing trends in law and policy relating to trademarks as marketing tools and cultural artefacts. The editors deserve congratulation on their concept for the book and their judicious selection of material. David Vaver, University of Oxford, UK All students, young and older, in the burgeoni
Achievements and New Perspectives
Author: Christophe Geiger
Publisher: Edward Elgar Publishing
View: 8330'It is no longer possible to practice, teach, or study purely domestic intellectual property law within Europe. European intellectual property norms now structure protection throughout the continent (and even beyond). Paradoxically, what might seem as a simplification of legal rules has created a maze of new complexities substantive, institutional and methodological. This collection by some of the leading scholars in European IP manages to capture that complexity without sacrificing clarity. Canvassing the entire field with a rich array of contributions, the book both highlights the roots of European IP law and asks important fundamental questions about where it is going. One can only hope that it is read by anyone with a hand in the future development of European IP law.' Graeme B. Dinwoodie, University of Oxford, UK 'Christophe Geiger has put together a very fine collection of essays by many of the very best scholars in European intellectual property law. The essays explore the basis, extent, as well as the successes and failings of regional harmonization of trade marks, geographical indications, copyright, designs, patents and remedies. The celebrated cast of authors naturally discuss, in addition to the various directives and regulations on each topic, the Treaty provisions on exhaustion of rights and competition (and their interpretation), relevant provisions on legislative competence, Article 17(2) of the Charter, other fundamental rights, and the growing case law of the Court of Justice. There is essential material here for anyone interested in European intellectual property law, as well as ideas for the improvement and further development of European IP law.' Lionel Bently, University of Cambridge, UK Constructing European Intellectual Property offers a comprehensive assessment of the current state of intellectual property legislation in Europe and gives direction on how an improved system might be achieved. This detailed study presents various perspectives on what further actions are necessary to provide the circumstances and tools for the construction of a truly balanced European intellectual property system. The book takes as its starting point that the ultimate aim of such a system should be to ensure sustainable and innovation-based economic growth while enhancing free circulation of ideas and cultural expressions. Being the first in the European Intellectual Property Institutes Network (EIPIN) series, this book lays down some concrete foundations for a deeper understanding of European intellectual property law and its complex interplay with other fields of jurisprudence as well as its impact on a broad array of spheres of social interaction. In so doing, it provides a well needed platform for further research. Academics, policymakers, lawyers and many others concerned with establishment of a regulatory framework for intangibles in the EU will benefit from the extensive and thoughtful discussion presented in this work.
Author: Mark C. Weber
View: 6540Understanding Disability Law discusses important statutory and constitutional issues relating to disability discrimination. It is designed to help students in Disability Law courses synthesize and apply the materials they are learning. It is also designed to function as a compact treatise for practicing lawyers and others looking for an analysis of the Fourteenth Amendment, the Americans with Disabilities Act, section 504 of the Rehabilitation Act, the Individuals with Disabilities Education Act, the Fair Housing Act Amendments, and other laws, as they relate to controversial issues of disability rights. The book discusses the leading cases on each of the major topics of disability law, and suggests ways of thinking about unresolved questions and debates over legal policy. Understanding Disability Law includes detailed coverage of: • Constitutional law bearing on disability discrimination; • The controversy over who is a person with a disability for purposes of federal statutes; • Employment discrimination rights and remedies; • Educational discrimination, including special education law and higher education for students with disabilities; • Discrimination in public accommodations; • Discrimination by federal, state, and local governments; and • Other topics, including disability discrimination related to housing, transportation, and telecommunications.
Author: Kevin R. Johnson,Raquel Aldana,Bill Ong Hing,Leticia Saucedo
View: 7150The Second Edition of Understanding Immigration Law lays out the basics of U.S. immigration law in an accessible way to newcomers to the field. It offers background about the intellectual, historical, and constitutional foundations of U.S. immigration law. The eBook also identifies the factors that have historically fueled migration to the United States, including the economic "pull" of jobs and family in the United States and the "push" of economic hardship, political instability, and other facts of life in the sending country. In the middle chapters, the authors provide a capsule summary of the law concerning the admissions and removal procedures and criteria in the Immigration and Nationality Act. The book ends with a chapter speculating about the future of U.S. immigration law and the challenges and opportunities facing the nation. This eBook provides a comprehensive overview of U.S. immigration law. It has been designed to supplement the most widely adopted immigration law casebooks. The eBook versions of this title feature links to Lexis Advance for further legal research options.
Text and Cases
Author: Robert P. Merges,Seagull Haiyan Song
Publisher: Edward Elgar Publishing
View: 1313As companies and organisations increasingly operate across national boundaries, so the incentive to understand how to acquire, deploy and protect IP rights in multiple national jurisdictions has rapidly increased. Transnational Intellectual Property Law meets the need for a book that introduces contemporary intellectual property as it is practiced in today’s global context. Focusing on three major IP regimes – the United States, Europe and China – the unique transnational approach of this textbook will help law students and lawyers across the world understand not only how IP operates in different national contexts, but also how to coordinate IP protection across numerous national jurisdictions. International IP treaties are also covered, but in the context of an overall emphasis on transnational coordination of legal rights and strategies.
Author: William F. Fox
Category: Administrative law
View: 1697External controls on administrative agencies : the legislative branch -- External controls on administrative agencies : the executive branch -- The exercise of agency power -- Agency decision-making : the constitutional limitations -- Agency decision-making : choosing rule or order -- Rulemaking.