Trademarks and Unfair Competition Deskbook
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This 11th edition of the Trademark and Unfair Competition Deskbook again reflects phenomenal growth in trademark and unfair competition law. Formerly unquestioned principles are being rethought, and foundational changes in policy and doctrinal and constitutional dimensions of this ancient body of law are being implemented. The U.S. Supreme Court and various Appellate Courts have continued to rule on important intellectual property issues. Their decisions are a major feature in this new edition.
This 2023 Deskbook 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. This treatise explores the continuing tension between the First Amendment and protection of trade identity particularly in 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 and data breaches, as well as material on other governmental agencies such as the Food and Drug Administration.
The Trademarks and Unfair Competition Deskbook 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 three top law schools, the authors actively litigate intellectual property cases across the U.S.
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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
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