Trademarks and Unfair Competition; Law and Policy, Fourth Edition / Edition 4

by Graeme B. Dinwoodie, Mark D. Janis

Overview

Features:

• Organizes the many strands of trademark and unfair competition doctrine around a coherent conceptual framework. The clear structure is divided into three parts: foundation and purposes, creation, and scope andamp; enforcement
• Traditional case-and-note format, enhanced by summarizing problems that help students better understand the intricacies of key topics.
• Features numerous Internet-related trademark issues, such as cybersquatting, keyword advertising, and domain name disputes. Also addresses the relationship between trademarks and domain name, and the potential secondary liability of online auction websites such as eBay
• Integrates international trademark issues with domestic issues
• Thoroughly treats trade dress protection, integrated with issues of word mark protection

New to the Fourth Edition:

• The Second Circuit's important decision in Louboutin v. YSL
• Important new appellate decisions on functionality, including the Federal Circuit's Becton Dickinson opinion and the decision of the Seventh Circuit in Franco and Sons
• The Fourth Circuit's decision in Rosetta Stone on trademark liability for keyword advertising
• The Eleventh Circuit's University of Alabama opinion on First Amendment limitations on the scope of trademark rights
• Cases exploring trademark fair use, including the DELICIOUS shoes case and the Tabari case on nominative fair use in connection with domain names
• New applications of the trademark dilution and anti-cybersquatting provisions
• New cases on remedies

Product Details

ISBN-13:	9781454827825
Publisher:	Wolters Kluwer Law & Business
Publication date:	12/17/2013
Edition description:	Older Edition
Pages:	1038
Product dimensions:	7.70(w) x 10.10(h) x 2.00(d)

Table of Contents

Organization in Detail

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

Part IV. Exploitation of Trademarks

Chapter 13. Trademark Transactions