Understanding Trademark Law

Author: Mary LaFrance

Publisher: LexisNexis

ISBN: 1422486443

Category: Law

Page: 410

View: 5976

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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Understanding Trademark Law

A Beginner's Guide

Author: Linda A. Tancs

Publisher: Oxford University Press

ISBN: 9780195392869

Category: Law

Page: 299

View: 4354

As 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.
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Understanding Intellectual Property Law

Author: Donald S. Chisum,Tyler T. Ochoa,Shubha Ghosh,Mary LaFrance

Publisher: LexisNexis

ISBN: 1579111432

Category: Law

Page: 828

View: 9523

Understanding Intellectual Property Law, 2nd 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 While Understanding Intellectual Property Law, 2nd Edition presents important updates to Patent Law since the first edition, unfortunately timing did not allow inclusion of provisions of the America Invents Act. A complimentary supplement (.pdf) addressing these provisions and the changes to Patent Law (covered in Chapter # 2) as a result of these provisions is now available. Professors can access this Supplement at: http://www.lexisnexis.com/lawschool/class/publications. Students will be able to access and download the Supplement (at no charge) at: http://www.lexisnexis.com/lawschool/study/texts. The supplement analyzes important statutory provisions and their effect on current patent law. Topics from the new Act will include: (1) the first inventor to file system and its effects on the definition of prior art; (2) the new derivation proceedings, replacing the current system of interferences, which allows a patent owner to challenge an earlier filed patent for derivation from the subsequent patent; (3) the prior commercial use defense; (4) the new procedures for inter partes review; (5) the new procedure for post-grant review; (6) the new rules for improper patent marking: (7) changes to the treatment of tax method patents; (8) the new rules pertaining to the best mode requirement; and (9) changes to the rules of jurisdiction.
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Understanding Patent Law

A Beginner's Guide

Author: Linda A. Tancs

Publisher: Oxford University Press

ISBN: N.A

Category: Law

Page: 289

View: 3227

In fiscal year 2008, the U.S. Patent and Trademark Office (PTO) received 456,321 utility patent applications. Understanding Patent Law: A Beginner's Guide explores the mechanics of the patent application process. Linda A. Tancs provides readers with an introduction to the nature and function of intellectual property law as it relates to patents and offers step-by-step guidance on how to register a patent with the PTO. In addition, the readers will gain an understanding of: the types of property that may be patented; how to protect and use patented property; the process for filing a utility patent application; pre- and post-issuance procedures; how to monetize patents; and infringement issues. The appendices, together with the bibliography and recommended reading section, provide readers of this Almanac with relevant statutes and other information to further the reader's knowledge of the matters discussed in this book. The glossary contains a summary of key terms defined throughout the book. This user-friendly resource is essential for anyone seeking an introduction to patent law.
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The Law and Practice of Trademark Transactions

A Global and Local Outlook

Author: Irene Calboli,Jacques de Werra

Publisher: Edward Elgar Publishing

ISBN: 1783472138

Category: LAW

Page: 680

View: 8080

The Law and Practice of Trademark Transactions is a comprehensive analysis of the law governing trademark transactions in a variety of legal and business contexts, and from a range of jurisdictional and cross-border perspectives. After mapping out the international legal framework applicable to trademark transactions, the book provides an analysis of important strategic considerations, including: tax strategies; valuation; portfolio splitting; registration of security interests; choice-of-law clauses; trademark coexistence agreements, and dispute resolution mechanisms. Key features include: • A comprehensive overview of legal and policy-related issues • A blend of approaches underpinning strategic considerations with analytical rigour • Regional coverage of the key characteristics of trademark transactions in a range of jurisdictions • Authorship from renowned trademark experts Practitioners advising trademark owners, including trademark attorneys, will find this book to be an invaluable resource for their practice, particularly where cross-border issues arise. It will also be a key reference point for scholars working in the field.
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Understanding Copyright Law

A Beginner's Guide

Author: Linda A. Tancs

Publisher: Oxford University Press

ISBN: N.A

Category: Law

Page: 303

View: 6217

This text explores and explains the basic mechanics of registering, maintaining and enforcing copyrights, and walks the reader through the complete process. Copyright is a form of legal protection for literary, performance and visual arts-based works, among other things. Copyright in the U.S. is based on the Copyright Act of 1976. The book offers in-depth explanations of the act, providing readers with everyday explanations to complex law. Copyright protection can be secured under the laws of many other nations as well, and international Copyright issues are discussed. The book emphasizes the process for registering a copyright with the U.S. Copyright Office. The reader will be introduced to the nature and functions of intellectual property law as it relates to copyright. Intellectual property law is an intriguing, evolving body of law that seeks to create a fair balance between incentivizing public creativity, and providing a protective environment which allows fair competition and capital opportunities. Through this book, the reader will gain an understanding of the types of property subject to copyright; how to protect and use their own and other's copyrighted property; how to complete a copyright application; the full registration process; how to capitalize on the value of your copyright; infringement issues to look out for; and copyright as it applies to the internet and the digital age.
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Trademark Protection and Territoriality Challenges in a Global Economy

Author: Irene Calboli,Edward Lee

Publisher: Edward Elgar Publishing

ISBN: 1781953910

Category: Law

Page: 360

View: 3262

The contributors explore how the rise of international trade and globalization has changed the way trademark law functions in a number of important areas, including protection of well-known marks, parallel imports, enforcement of trademark rights again
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Parallel Importation in U.S. Trademark Law

Author: Timothy H. Hiebert

Publisher: Greenwood Publishing Group

ISBN: 9780313289569

Category: Law

Page: 178

View: 5234

Over much of the past century, the law governing third-party importation of non-counterfeit, genuine goods has been obscured by conceptual uncertainty. In recent years, the debate over the gray market has centered on the fundamental reasons for trademark protection, and has raised the possibility of conflict between the two traditionally recognized purposes of trademark law--protecting consumers from deception and protecting trademark owners from lost sales. Hiebert discusses the evolution of the universality and territoriality principles of trademark law, and develops a new understanding of the role of goodwill in resolving trademark infringement issues. Beginning with a review of the earliest days of trademark law, Hiebert traces the development of the twofold purpose and territoriality doctrines in the United States, and examines in detail the cases, statutes, and regulations governing parallel imports. Unlike other recent treatments of the subject, this work benefits from the availability of important archival materials, and devotes considerable attention to the nineteenth-century antecedents of modern parallel importation doctrine, and to the evolution of trademark doctrine within the broader context of American legal realism.
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Investing in China

The Law and Practice of Joint Ventures

Author: Yuwa Wei

Publisher: Federation Press

ISBN: 9781862873452

Category: Business & Economics

Page: 185

View: 496

With China's rise as a new economic power, the economic and political relationship between Australia and China comes into a new area of development. China's need for capital, raw materials, high technology, and modern management skills has opened a range of opportunities for Australian industry and commerce. However, before making a substantial investment, an Australian investor needs to decide on which business structure is the most suitable for making the investment, a business alliance or a subsidiary. What are the advantages and disadvantages of the different business vehicles? Can the products of the new business be sold in the Chinese domestic market? Can invested capital be repatriated back to Australia? What are the tax implications in both China and Australia of setting up the new business? If a business alliance is established, how does the investor retain control over the new business entity? Does China have a sound political and legal environment which ensures the rights of a foreign investor and provides economic and legal certainty for the foreign investment activities? This book provides the first comprehensive analysis of the above issues. While giving general treatments to all possible investment vehicles, as well as legal and cultural background of China, it focuses the study on the problems facing the establishment of joint ventures between Australian investors and Chinese participants in China. The book will make an excellent contribution to the mutual understanding between Australian and Chinese business people.
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Managing Intellectual Assets in the Digital Age

Author: Jeffrey H. Matsuura

Publisher: Artech House

ISBN: 9781580536462

Category: Law

Page: 233

View: 7372

Written for technology professionals and business managers/owners alike, this new, easy-to-understand book provides you with a comprehensive overview of the key legal and economic issues that affect rights of access and use for intellectual property and knowledge assets, with special emphasis on computer software, Internet content, and digital media. It is the first book to address management of both traditional intellectual property and the broader set of knowledge assets in a single resource. It presents these subjects in a style appropriate for a wide range of practitioners who are not intellectual property or knowledge management specialists, and approaches the challenge of managing these assets from a multidisciplinary perspective.
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Cool Infographics

Effective Communication with Data Visualization and Design

Author: Randy Krum

Publisher: John Wiley & Sons

ISBN: 1118837150

Category: Computers

Page: 368

View: 5438

Make information memorable with creative visual design techniques Research shows that visual information is more quickly and easily understood, and much more likely to be remembered. This innovative book presents the design process and the best software tools for creating infographics that communicate. Including a special section on how to construct the increasingly popular infographic resume, the book offers graphic designers, marketers, and business professionals vital information on the most effective ways to present data. Explains why infographics and data visualizations work Shares the tools and techniques for creating great infographics Covers online infographics used for marketing, including social media and search engine optimization (SEO) Shows how to market your skills with a visual, infographic resume Explores the many internal business uses of infographics, including board meeting presentations, annual reports, consumer research statistics, marketing strategies, business plans, and visual explanations of products and services to your customers With Cool Infographics, you'll learn to create infographics to successfully reach your target audience and tell clear stories with your data.
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Research Guide to Chinese Trademark Law and Practice

Author: Robert Haibin Hu

Publisher: N.A

ISBN: N.A

Category: Law

Page: 283

View: 2791

Chinese trademark law has become a hot topic of discussion among scholars and practitioners, both in China and abroad. This book offers the essential information for understanding the Chinese legal regime for trademark registration and administration. It serves as a roadmap for conducting research in this subject area by providing the know-how on finding relevant statutes, regulations, case law, bibliographies, electronic resources, and other useful information. The Guide is a handy reference and valuable tool for legal scholars, law professors, lawyers, and others interested in learning about Chinese trademark law. Major topics in this Guide include: an overview of the trademark law system in China; current trademark laws and regulations in effect; important judicial decisions relating to trademark disputes between Chinese and foreign parties; applicable international treaties and agreements governing Chinese trademarks; trademark agents and law firms; how to conduct trademark searches; and selective judicial and economic statistics concerning Chinese trademarks. Various tables of authorities, along with appendixes, are created to facilitate easy access to critical documents, such as trademark statutes, regulations, policy guidelines, and official interpretations.
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The Economic Structure of Intellectual Property Law

Author: William M. LANDES,Richard A. Posner

Publisher: Harvard University Press

ISBN: 0674039912

Category: Law

Page: 448

View: 7683

This book takes a fresh look at the most dynamic area of American law today, comprising the fields of copyright, patent, trademark, trade secrecy, publicity rights, and misappropriation. Topics range from copyright in private letters to defensive patenting of business methods, from moral rights in the visual arts to the banking of trademarks, from the impact of the court of patent appeals to the management of Mickey Mouse. The history and political science of intellectual property law, the challenge of digitization, the many statutes and judge-made doctrines, and the interplay with antitrust principles are all examined. The treatment is both positive (oriented toward understanding the law as it is) and normative (oriented to the reform of the law). Previous analyses have tended to overlook the paradox that expanding intellectual property rights can effectively reduce the amount of new intellectual property by raising the creators' input costs. Those analyses have also failed to integrate the fields of intellectual property law. They have failed as well to integrate intellectual property law with the law of physical property, overlooking the many economic and legal-doctrinal parallels. This book demonstrates the fundamental economic rationality of intellectual property law, but is sympathetic to critics who believe that in recent decades Congress and the courts have gone too far in the creation and protection of intellectual property rights. Table of Contents: Introduction 1. The Economic Theory of Property 2. How to Think about Copyright 3. A Formal Model of Copyright 4. Basic Copyright Doctrines 5. Copyright in Unpublished Works 6. Fair Use, Parody, and Burlesque 7. The Economics of Trademark Law 8. The Optimal Duration of Copyrights and Trademarks 9. The Legal Protection of Postmodern Art 10. Moral Rights and the Visual Artists Rights Act 11. The Economics of Patent Law 12. The Patent Court: A Statistical Evaluation 13. The Economics of Trade Secrecy Law 14. Antitrust and Intellectual Property 15. The Political Economy of Intellectual Property Law Conclusion Acknowledgments Index Reviews of this book: Chicago law professor William Landes and his polymath colleague Richard Posner have produced a fascinating new book...[The Economic Structure of Intellectual Property Law] is a broad-ranging analysis of how intellectual property should and does work...Shakespeare's copying from Plutarch, Microsoft's incentives to hide the source code for Windows, and Andy Warhol's right to copyright a Brillo pad box as art are all analyzed, as is the question of the status of the all-bran cereal called 'All-Bran.' --Nicholas Thompson, New York Sun Reviews of this book: Landes and Posner, each widely respected in the intersection of law and economics, investigate the right mix of protection and use of intellectual property (IP)...This volume provides a broad and coherent approach to the economics and law of IP. The economics is important, understandable, and valuable. --R. A. Miller, Choice Intellectual property is the most important public policy issue that most policymakers don't yet get. It is America's most important export, and affects an increasingly wide range of social and economic life. In this extraordinary work, two of America's leading scholars in the law and economics movement test the pretensions of intellectual property law against the rationality of economics. Their conclusions will surprise advocates from both sides of this increasingly contentious debate. Their analysis will help move the debate beyond the simplistic ideas that now tend to dominate. --Lawrence Lessig, Stanford Law School, author of The Future of Ideas: The Fate of the Commons in a Connected World An image from modern mythology depicts the day that Einstein, pondering a blackboard covered with sophisticated calculations, came to the life-defining discovery: Time = $$. Landes and Posner, in the role of that mythological Einstein, reveal at every turn how perceptions of economic efficiency pervade legal doctrine. This is a fascinating and resourceful book. Every page reveals fresh, provocative, and surprising insights into the forces that shape law. --Pierre N. Leval, Judge, U.S. Court of Appeals, Second Circuit The most important book ever written on intellectual property. --William Patry, former copyright counsel to the U.S. House of Representatives, Judiciary Committee Given the immense and growing importance of intellectual property to modern economies, this book should be welcomed, even devoured, by readers who want to understand how the legal system affects the development, protection, use, and profitability of this peculiar form of property. The book is the first to view the whole landscape of the law of intellectual property from a functionalist (economic) perspective. Its examination of the principles and doctrines of patent law, copyright law, trade secret law, and trademark law is unique in scope, highly accessible, and altogether greatly rewarding. --Steven Shavell, Harvard Law School, author of Foundations of Economic Analysis of Law
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