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Trademark and Unfair Competition Law: Cases and Materials

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ISBN: 9780327191254
Published: May 30, 2013
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--Trademark and Unfair Competition Law, in its entirety, can also be found on Lexis Advance and is available free to Law School students and faculty.--

The Fifth Edition of Trademark and Unfair Competition Law: Cases and Materials retains the successful features of earlier editions, but has been thoroughly updated since the last edition was published in 2007.

The Fifth Edition also includes the Statutory Appendix within the book so students will not have to pay for an additional book and they will have fewer books to carry to class. A comprehensive Teacher's Manual is available to professors.

Internet-related trademark disputes now arise in every corner of trademark practice and appear in nearly every chapter. In particular, the Fifth Edition explores controversies concerning trademark "use," infringement, and secondary liability, all areas which courts have significantly elaborated since the previous edition. The Fifth Edition continues to present the special problems posed by trademarks and domain names in a separate chapter.

In addition, trademarks (or the claims of their owners) have encroached on the subject matter of patents and copyrights, and have been brought to bear on a variety of expressive uses of marks, so have defenses to infringement expanded. The Fifth Edition now devotes a full separate chapter to statutory and judge-made defenses. The former chapter on authors' and performers' rights has been revised into the chapter on false designations of origin and a new chapter on defenses.

This book also is available in a heavily discounted, three-hole punched, alternative loose-leaf version printed on 8 x 11 inch paper with wider margins and with the same pagination as the hardbound book.

Table of Contents

Chapter 1 CONCEPTS OF TRADEMARKS AND UNFAIR COMPETITION



Chapter 2 WHAT IS A TRADEMARK?



Chapter 3 USE AND OWNERSHIP



Chapter 4 REGISTRATION OF TRADEMARKS



Chapter 5 LOSS OF TRADEMARK RIGHTS



Chapter 6 INFRINGEMENT



Chapter 7 SECTION 43(a)(1)(A) OF THE LANHAM ACT



Chapter 8 DEFENSES TO INFRINGEMENT



Chapter 9 DILUTION



Chapter 10 FALSE ADVERTISING



Chapter 11 INTERNET DOMAIN NAMES



Chapter 12 REMEDIES



APPENDIX A LANHAM TRADEMARK ACT



APPENDIX B RESTATEMENT OF THE LAW (THIRD) OF UNFAIR
COMPETITION



APPENDIX C UNIFORM DOMAIN NAME DISPUTE RESOLUTION
POLICY



APPENDIX D PARIS CONVENTION FOR THE PROTECTION OF
INDUSTRIAL PROPERTY



APPENDIX E AGREEMENT ON TRADE-RELATED ASPECTS OF
INTELLECTUAL PROPERTY RIGHTS (TRIPS)



TABLE OF CASES



INDEX