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Publisher: Carolina Academic Press
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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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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