Understanding Trademark Law

Author: Mary LaFrance

Publisher: N.A

ISBN: 9780769865171

Category:

Page: N.A

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This 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.
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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: 8474

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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: 5696

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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 Intellectual Property Law, 2015

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

Publisher: LexisNexis

ISBN: 1632809648

Category: Law

Page: N.A

View: 6200

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Understanding 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.
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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: 3579

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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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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: 5656

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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: 3527

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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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