Trademarks and Unfair Competition Deskbook
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The Trademarks and Unfair Competition Deskbook, Eighth Edition provides practitioners of trademark and unfair competition law an organized guide to decisions, legislation, 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.
The internet has sparked phenomenal growth in the importance and scope of trademark and unfair competition law. Effective branding − creating and maintaining a strong commercial identity that cuts through the noise and connects with consumers − is more important than ever. At the same time, constitutional issues – pertaining to the Commerce Clause, the Patent and Copyright Clause, the Supremacy Clause, and the First Amendment – are reshaping modern trademark and unfair competition law, have been outcome-determinative in many high-profile cases, and are fueling influential debates in the academic literature. There continues to be an overall sense of excitement as the law responds to new technologies and increasingly sophisticated forms of communication. The Supreme Court is regularly deciding important intellectual property issues, as evidenced by the several recent decisions discussed in this Eighth Edition.
This Eighth Edition is a guide to understanding the explosion in trademark and unfair competition law. It covers 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, as well as the interplay between administrative agencies and the courts.
The continuing tension between the First Amendment and protection of trade identity is explored, particularly in parody and right of publicity cases. 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.
This Eighth Edition is unique among intellectual property resources in structure, conciseness and content. In part this is because, in addition to having taught the subject for many years at top law schools, the authors actively litigate intellectual property cases across the U.S.
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