Trademarks and Unfair Competition

This widely used casebook, cited by the Supreme Court in its Moseley v. V Secret Catalogue decision on trademark dilution, is authored by three of the nation's preeminent trademark practitioners and teachers.
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12th Edition
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ISBN: 9781531010973
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Book Edition: 2019-10

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The internet, social media, and global commerce continue to spark phenomenal growth in the scope and importance of trademark and unfair competition law. At the same time, constitutional issues—pertaining to the Commerce Clause, the Patent and Copyright Clause, the Supremacy Clause, and the First Amendment—reshape trademark and unfair competition law and fuel influential debates in the academic literature. The many new decisions in this edition, including the continuing evolution of First Amendment analysis regarding permitted versus prohibited trademark registrations in Matal v. Tam, reflect these important developments. This textbook delineates the principal issues and provides a synthesis of this rapidly evolving area of law.

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Table of Contents

Chapter 1 - Principles of Trademark and Unfair Competition Law

Chapter 2 - Creation and Maintenance of Trade Identity Rights

Chapter 3 - Trademark Registration and Administrative Proceedings

Chapter 4 - Loss of Rights

Chapter 5 - Trade Dress and the Boundaries of Trademark Protection

Chapter 6 - Infringement of Trademark Rights

Chapter 7 - Defenses and Limitations

Chapter 8 - Freedom of Speech

Chapter 9 - Right of Publicity

Chapter 10 - Dilution Law

Chapter 11 - Internet-Related Trademark Law and Its Evolution

Chapter 12 - The Law of Unfair Trade Practices

Chapter 13 - Jurisdiction and Remedies

Chapter 14 - Governmental Regulation

Appendix - The Lanham Act

Table of Cases

Table of Statutes