Trademarks and Unfair Competition Deskbook, Seventh Edition
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The Trademarks and Unfair Competition Deskbook, Seventh Edition provides practitioners of trademark and unfair competition law an organized guide to the decisions, legislation, treatises, and commentary, a delineation of the principal questions and problems to be expected, and an up-to-date synthesis of the current and developing law. E-commerce and the Internet have sparked phenomenal growth in recent years in the scope and significance of trademark and unfair competition law. New challenges arise daily as the law responds to new technologies and more sophisticated forms of communication. Law schools, law firms, corporate legal departments, and entrepreneurs across the United States and abroad have expanded their intellectual property resources. This growth has resulted in intense intellectual ferment within academia, the courts and the practicing bar.
Like patent and copyright law, trademark and unfair competition law are in a state of rapid evolution. Many previously unquestioned principles are now being rethought, foundational changes in the policy rationales and the doctrinal and constitutional dimensions of this ancient body of law are being considered and implemented, false leads are being weeded out (or, sometimes, newly introduced). E-commerce and technological developments have raised new questions about the relationship of trademark law to other bodies of intellectual property law. The U.S. Supreme Court's selection of cases to be heard reflects these trends, and the recent decisions of that court are featured in this Trademarks and Unfair Competition Deskbook, Seventh Edition.
The explosion in e-commerce and Internet litigation affects every chapter and chapter 11 specifically focuses on this area of the law. This Seventh Edition includes case materials and commentary on the anti-counterfeiting, federal dilution and anti-cybersquatting statutes, as well as ICANN's on-line arbitration process. Developing law under the intent to use registration system is covered, as are the escalating controversies over the limits on the overlapping protections offered by the patent, copyright and trademark laws, and the protection of trade dress including significant developments in the law relating to utilitarian and aesthetic functionality.
This Seventh Edition also features cases and discussion on hot-button Internet issues, including domain name and keyword advertising conflicts, and new forms of deceptive advertising. Developments in counterfeiting law, including decisions applying the revisions to the Lanham Act providing for stiffer penalties, mandatory restitution and easier seizure procedures, are presented and discussed, as are antitrust decisions that affect this area of law. The continuing tension between the First Amendment and protection of trade identity is explored, particularly in parody and right of publicity cases and Chapter 8 is devoted entirely to First Amendment issues. Material is also provided on the Federal Trade Commission, which has been actively battling deceptive advertising and marketing schemes online and otherwise, as well as material on other governmental agencies such as the Food and Drug Administration.
Table of Contents
CHAPTER 1 PRINCIPLES OF TRADEMARK AND UNFAIR
CHAPTER 2 CREATION AND MAINTENANCE OF TRADE IDENTITY
CHAPTER 3 TRADEMARK REGISTRATION AND ADMINISTRATIVE
CHAPTER 4 LOSS OF RIGHTS
CHAPTER 5 TRADE DRESS AND THE BOUNDARIES OF
CHAPTER 6 INFRINGEMENT OF TRADEMARK RIGHTS
CHAPTER 7 DEFENSES AND LIMITATIONS
CHAPTER 8 FREEDOM OF SPEECH
CHAPTER 9 RIGHT OF PUBLICITY
CHAPTER 10 DILUTION
CHAPTER 11 TRADEMARK LAW AND THE INTERNET
CHAPTER 12 UNFAIR COMPETITION LAW
CHAPTER 13 JURISDICTION AND REMEDIES
CHAPTER 14 GOVERNMENTAL REGULATION
APPENDIX: THE LANHAM ACT AS AMENDED
TABLE OF CASES
TABLE OF STATUTES