This text provides a comprehensive treatment of the law of trademark, unfair competition, false advertising, and the right of publicity. Wework files complaint against urwork for trademark. Trademark and unfair competition law will be taught completely online via zoom this semester, augmented by information on the blackboard website. The last chapter will focus on trademark law as a tool of protection against unfair competition in ukraine. In this groundbreaking work, tim dornis who, in addition to his scholarly pursuits, has worked as an attorney, a public prosecutor, and a judge, giving him experience in both civil and commonlaw jurisdictions presents the historicalcomparative, doctrinal, and economic aspects of trademark and unfair competition conflicts law. Introduction adversarial disputes regarding trademark rightswhether styled as actions for trademark infringement, trademark dilution, unfair competition, or unfair and deceptive trade practicescan often be complex, timeconsuming, and expensive. Unfair competition law in the united kingdom springerlink. Trademark and unfair competition conflicts historical. The new york law of unfair competition has been broadened.
For example, false advertising used to be considered and referred to as unfair competition, but now it has a special name of its own. Trademark infringement and unfair competition ing the same mark are from the same source. A trademark may be a word, phrase, symbol or design, or a combination of these. Novel issues involving trademark usage in the online context are treated in depth. As competitors are out to win, they may sometimes be tempted to use malicious means to gain an unfair advantage such as making a direct attack against a competitor or misleading the public to the detriment of a competitor. A market economy allows and encourages competition between industrial and commercial organisations. Trademark and unfair competition law boston college. If students are unable to attend class, as soon as.
Mcclure i introduction in 1979, the trademark reporter published an article that i had written in law school that surveyed the intellectual history of intellectual property law, and particularly trademark law, from its earliest inception to the late 1970s. Trademarks and unfair competition deskbook lexisnexis store. This law concerns not only the unauthorized use of trademarks, service marks, and trade dress, but also false advertising, trademark dilution, trademark tarnishment, palming off, unfair competition, and related offenses. Expertly advise and represent your clients on evolving trademark issues with the trademarks and unfair competition deskbook. Alms law journal press publishes new book on trademark and unfair competition issues. Trademarks and unfair competition 12015 3 welcome to another issue of our informative bulletin from the fields of trademark and competition law in poland and the european union. Dinwoodie, global professor of intellectual property law, iit chicagokent college of law and mark d.
State trademark and unfair competition law, provides a singular comprehensive source for facts, commentary and analysis on u. Mccarthy on trademarks and unfair competition, volumes 17 intellectual property library mccarthy on trademarks and unfair competition, mccarthy on trademarks and unfair competition. Legal background and framework o trademark and unfair competition law are enforced on both a state and federal level. Included within the scope of unfair competition is trademark and trade dress infringement, false advertising, trade libel, misappropriation of trade secrets and infringement of the right of publicity. What is required is an unfair appropriation of the product of anothers labor or talent. From this it follows that confusion as to the origin of goods does not necessarily have reference to the actual source or. Thomas mccarthys comprehensive, twovolume treatise on trademark law and related aspects of unfair competition. Alms law journal press publishes new book on trademark. Replace the final sentence of question 5 with the following sentence. Grading the grade for the class will be based on a final exam, which will most likely be some kind of takehome exam.
Selfregulation, via associations of organisations, can play an important. During that interim period, a time of major expansion of relevant legal doctrines, 2. Palming off is no longer a necessary requisite of unfair competition. View a sample of this title using the readnow feature. Trademark and unfair competition developed at common law originally as a matter of state law, and started in. State trademark and unfair competition law by the united states trademark association clark boardman company, ltd. These law suits incorporate a dispute over an existing design, published or unpublished text or a symbol and images such as a logo that can be deemed a trademark or may act as one. Recovery of attorneys fees in trademark and unfair. Unfair competition covers a wide range of unlawful, unfair, deceptive or fraudulent acts.
Law and policy, second edition, continues to feature a complete, balanced, and teachable approach to the trademarks and unfair competition course. Lucas chair in law, indiana university maurer school of law, us. State trademark and unfair competition law, together with its updates, is the most current authority on state trademark law. Trademark and unfair competition conflicts historicalcomparative, doctrinal, and economic perspectives cambridge intellectual property and information law book series, 2017 700 pages posted.
Zoom videoconferences will be held at regular class times. In the field of state trademark and unfair competition law, to my knowl. Thoroughly updated to reflect recent developments, trademarks and unfair competition. We have a track record of success in bringing and defending trademark and trade dress infringement, unfair competition, and false advertising cases. A trademark is sufficiently distinctive to be diluted by a nonconfusing use if the mark retains its source significance when encountered outside the context of the goods or services with which the mark is used by the trademark owner.
This course explores common law and statutory protection of ideas, trade secrets, and trademarks, including acquisition and loss of trademark rights, registration with the uspto, licensing, infringement, dilution and misappropriation of trademarks, and fair use and internet use of trademarks and related remedies. The trademarks and unfair competition 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 uptodate synthesis of the current and developing law. Customers who viewed this item also viewed these digital items. Critical issues in the law, coauthored by jonathan jennings and j. Supreme court unnumbered utilitarian utility patent walmart word mark. International universal unification of the conflictoflaw regulation of crossborder unfair competition. Unfair competition is the same as trademark infringement except without the requirement of the existence of an enforceable trademark. Eleven years passed between editions of professor j. Trademark, copyright, patent and unfair competition claims. Trademark infringement and unfair competition rudolf callmann i methods of infringement anomalous though it may seem, no act can be labeled a trademark infringement without more. The law of unfair competition is mainly governed by state common law state unfair competition.
Appendix a lanham trademark act of 1946, as amended through february 1, 2016 and codi. Bishop both have substantial experience in the law of trademark infringement and unfair competition. State trademark and unfair competition law is now an online membersonly reference that provides a singular comprehensive source for facts, commentary and analysis on u. Of particular interest this time is a legislative initiative by the ohim regarding an accelerated procedure for registering community trademarks. The book also deals with competitor false advertising remedies under the lanham act and public enforcement of prohibitions against unfair and deceptive practices by. This guide is a unique and easytouse reference tool offering an uptodate synthesis of current and developing trademark and unfair competition law in one concise volume. Many unfair competition disputes are directed by an explicit specification under the federal trademark statute known as the lanham act. Seriously, unfair competition is the creation of a false impression as to the source, origin, sponsorship or endorsement of products or services without the use of a trademark.
Particular attention will be paid as to the legal problems in the area of trademark protection and the ways of remedy such problems. Law and policy, fourth edition aspen casebook series 9781454827825. Trademark and unfair competition law, 7 t h edition west, 2012. Unfair competition, both the common law tort and the federal statute, attempts to enforce a certain level of honest practices in industrial or commercial matters.
Our trademark lawyers have won precedentsetting appellate cases in the areas of trademark protection, fair use, secondary liability, and rights of publicity. Alms law journal press today announced the release of a new book, trademarks and unfair competition. The internet, social media, and global commerce continue to spark phenomenal growth in the scope and importance of trademark and unfair competition law. Janklow professor of literary and artistic property law columbia law school jessica litman john f. Some states, including virginia, proscribe by statute certain conduct in particular industries as unfair trade practices. Historically, unfair competition did some trademark work. Fordham intellectual property, media and entertainment law. Trademarks and unfair competition deskbook by david c. Unfair competition law the harrison firm pc franchise. At the same time, constitutional issuespertaining to the. This case concerns a dancerock bands application for federal trademark registration of the bands name.
Cases and materials fifth edition 2016 supplement jane c. Nonconventional types of trademarks include colors, fragrances, and sounds. Unfair competition, both the common law tort and the federal statute, attempts to. Most states have broad unfair competition statutes. Mccarthy on trademarks and unfair competition, volumes 17. We also handle all manners of unfair competition ligation under both federal and state law, including complex false designation of origin and false advertising claims. Recovery of attorneys fees in trademark and unfair competition litigation by theodore h. Students and instructors alike will welcome the new edition of this highly accessible and engaging casebook. Whether or not the court will recognize an infringement depends upon the scope of protection to which the trademark is entitled under common. Attendance and participation we expect students to attend class.
Handouts in class periodically guidelines and requirements a. Trademark and unfair competition in a nutshell nutshells mark janis. Trademark infringement and unfair competition markham law. Trademark and unfair competition in a nutshell nutshells 2nd edition by mark janis author 5. Trademark and unfair competition law critical concepts in intellectual property law series edited by graeme b.
A trademark is a brand name that is used or intended to be used to identify a source of goods or services, and to distinguish the source from others. Trademark and unfair competition conflicts by tim w. The other concept is a catchall unfair trade practices. What is the difference between trademark infringement and. Trademark and unfair competition in a nutshell, 2nd. Reed 2003 2, the ecj set out important principles as to when. This comprehensive twovolume collection of leading articles in trademark and unfair competition law spans almost a century and three continents, bringing together the most influential and significant scholarly work in this exciting field. This barcode number lets you verify that youre getting exactly the right version or edition of a book. The 1994 trade marks act introduces criminal penalties for trade mark infringement.
We both obtain and defend against temporary restraining orders and preliminary injunctions. Unfair competition and trademark infringement from the lectric law librarys stacks. It is a generally accepted truth that the united kingdom has neither a general statute protecting traders against unfair competition nor has it developed a general tort of unfair competition. A machine which you go into as a pig and come out of as a sausage. With the rise of internet marketing and ecommerce around the world, international and crossborder. The trademarks and unfair competition deskbook, ninth 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 uptodate synthesis of the current and developing law. The united states trademark association produced this encyclopedic volume and must be commended for this valuable tool. We will also supplement the material in the case book with judicial decisions, government reports, articles, and other sources. It is an offence for a person who with a view to gain for himself or another, or with intent to cause loss to another, and without the consent of the proprietor, inter alia applies to goods or their packaging a sign identical to, or likely to be mistaken for a registered trade mark. Trademark and unfair competition law cases and materials, sixth edition 2017 letter update jane c. These cases are frequently, and most efficiently, decided at an early stage.
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