Trademarks and Unfair Competition: Law and Policy [Connected eBook]

by Graeme B. Dinwoodie, Mark D. Janis

Overview

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The new edition of this leading casebook on trademark and unfair competition by Graeme B. Dinwoodie and Mark D. Janis continues to present the subject in a clear, accessible, and up-to-date fashion.

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 and 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.

New to the 6th Edition: 

• Incorporates prominent new decisions, including the Booking.com case on genericness and the Brunetti case on vulgar marks
• Introduces useful new cases illustrating fundamental principles, such as the METCHUP case  
• Deepens coverage of trade dress (including the POCKY functionality opinion)
• Probes new developments in online marketing
• Refines treatment of defenses, including the Rogers rule on expressive use and nominative fair use
• Summarizes the Trademark Modernization Act of 2020

Professors and students will benefit from:

• Coherent conceptual framework clearly delineating creation of rights and enforcement of rights issues
• Traditional case-and-note format, enhanced by problems that help students understand intricate key topics
• Thorough coverage of trademark issues arising in online commerce
• Integrated coverage of international and domestic doctrine
• Comprehensive treatment of trade dress protection

Product Details

ISBN-13:	9781543847451
Publisher:	Wolters Kluwer Law & Business
Publication date:	07/15/2022
Series:	Aspen Casebook Series
Edition description:	Sixth Edition
Pages:	1112
Product dimensions:	7.38(w) x 10.00(h) x (d)

Table of Contents

Part I: Foundations and Purposes of Trademark and Unfair Competition Law

Chapter 1. Introduction to Trademarks and Unfair Competition Law

Part II: Creation of Trademark Rights

Chapter 2. Distinctiveness
Chapter 3. Functionality
Chapter 4. Use
Chapter 5. Registration

Part III: Scope and Enforcement of Trademark Rights

Chapter 6. Geographic Limits on Trademark Rights
Chapter 7. Confusion-Based Trademark Liability Theories
Chapter 8. Non-Confusion-Based Trademark Enforcement Theories
Chapter 9. Permissible Uses of Another’s Trademarks
Chapter 10. False Advertising
Chapter 11. Trade Identity Rights in One’s Persona: Endorsement, Attribution, and Publicity
Chapter 12. Remedies