Unfair competition means any fraudulent, deceptive, or dishonest trade practice that is prohibited by statute, regulation, or the common law. Trademark and unfair competition in a nutshell nutshells 9780314163417. The law of unfair competition, trademarks and monopolies. The trademarks and unfair competition deskbook, ninth edition provides practitioners of. No other book presently available fits quite this niche. 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. It is available in print at the williams reference desk kf240. A practical desk reference for intellectual property attorneys, federal. We are available during regular business hours and by appointment at other times. Cases and materials fifth edition 2016 supplement jane c. International universal unification of the conflictof law regulation of crossborder unfair competition. A survey of the law of trademarks, trade secrets, the right of publicity, and unfair competition. June 6, 2012 prlog new york june 6, 2012 alms law journal press, a leading publisher of print and digital publications for legal professionals, today announced the release of a new book, trademarks and unfair competition. Coverage extends to protection against unfair competition, unfair advertising and pricing and the unlawful conduct of business.
Trademarks and unfair competition deskbook an uptodate synthesis of current and developing trademark and unfair competition law in one concise volume. Trademarks and unfair competition law 752 23 hours. Students and instructors alike will welcome the new edition of this highly accessible and engaging casebook. Buy mccarthy on trademarks and unfair competition, 5th at legal solutions from thomson reuters. Handouts in class periodically guidelines and requirements a. Of particular interest this time is a legislative initiative by the ohim regarding an accelerated procedure for registering community trademarks. Common law unfair competition trademark infringement. View a sample of this title using the readnow feature. Unfair competition deskbook provides practitioners of trademark and unfair competition law an. This casebook presents the basic principles of trademark and unfair competition law and procedure, including expert legal analysis. Honored for his research by eight national societies, he has testified in more than 150 cases heard in u.
Administrative law administrative law desk reference administrative law treatise. He is a notable lawyer within the entertainment and intellectual property fields. Unfair competition, both the common law tort and the federal statute, attempt to enforce honest pratices in business. 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.
Law and policy, fourth edition aspen casebook series 9781454827825. Intellectual property and mobile applications wipo. Mastering trademark and unfair competition law by lars s. On october 5, 2007, the high tech law institute hosted a oneday symposium bringing together legal scholars and social scientists to examine trademark dilution as a legal and social phenomenon. Mccarthy on trademarks and unfair competition, 5th thomson. The united states trademark association produced this encyclopedic volume and must be commended for this valuable tool. There is no part of the law which is more plastic than unfair competition, and what was not recognized an actionable wrong twentyfive years ago may have become one today. It will be valuable both to business executives and nonspecialized lawyers. V secret catalogue decision on trademark dilution, is authored by three of the. State trademark and unfair competition law, together with its updates, is the most current authority on state trademark 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. The courts give a fairly broad definition of what constitutes unfair competition, with prior case law lending guidance in defining the. This book is a product of our decades of law school teaching. Essentials of trademarks and unfair competition full of valuable tips, techniques.
Unfair competition also has specific meanings within the legal profession. Essentials of trademarks and unfair competition wiley. A study of the legislative, executive, and judicial control of administrative action. Trademarks, copyrights and unfair competition kramer levin. We also help them develop and manage worldwide ip portfolios, develop terms and logos as trademarks andor service marks, negotiate licensing agreements, and assert and defend infringement and unfair competition claims in u. We pay great attention to the relationship of trademark and unfair competition law with the other areas of intellectual property law. Jacoby is frequently cited across the social sciences and in mccarthy on trademarks and unfair competition. Case selection is made with an eye toward holding student interest. With the rise of internet marketing and ecommerce around the world, international and crossborder. Most states recognize two common law forms of unfair competition relating to trademarks. These words also describe claims brought under section 43. Alms law journal press publishes new book on trademark and.
Germain eleven years passed between editions of professor j. Trademarks and unfair competition university of alabama. International universal unification of the conflictoflaw regulation of crossborder unfair competition. National protection of trademarks is desirable, we have explained, because trademarks foster competition and the maintenance of quality by securing to the. An injured party brings federal unfair competition claims under section 43a of the lanham act. Callmann on unfair competition, trademarks, and monopolies. Ebook access limited to u of m law faculty, students and staff. Trademark and unfair competition conflicts by tim w. Someone in the marketplace who unfairly competes against others. Christine haight farley, american university washington college of law. Through the crossdisciplinary conversation, this conference shed new light on the purported harms caused by trademark dilution and possible policy approaches to address those harms. Sources and nature of trademark rights 3 the trademark cases 3 hanover star milling co. Table of contents for trademarks and unfair competition.
We also help them develop and manage worldwide ip portfolios, develop terms and logos as trademarks and or service marks, negotiate licensing agreements, and assert and defend infringement and unfair competition claims in u. Patent and trademark office as well as before the french national institute of. Fordham intellectual property, media and entertainment law. Critical issues in the law, coauthored by jonathan jennings and j. Trademark and unfair competition in a nutshell nutshells mark janis. Relation of trademark infringement to the law of unfair competition. Trademarks and unfair competition deskbook, eighth. Thoroughly updated to reflect recent developments, trademarks and unfair competition.
Written by ip practitioners for ip practitioners, this easytouse, wellindexed deskbook enables you to quickly find the. In 1978 i received my second law degree in trade regulation from the new york university school of law which encompasses the practice of trademark, patent law, and unfair competition litigation. Alms law journal press publishes new book on trademark. Browse the amazon editors picks for the best books of 2019, featuring our favorite. 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. State trademark and unfair competition law by the united states trademark association clark boardman company, ltd. Lucas chair in law indiana university maurer school of law, usa critical concepts in intellectual property law. Additionally, he has guest lectured at the american guild of authors and. Zoom videoconferences will be held at regular class times. General resources intellectual property research research. Replace the final sentence of question 5 with the following sentence. Trademark, copyright, patent and unfair competition claims. The last chapter will focus on trademark law as a tool of protection against unfair competition in ukraine.
It consists of a body of related doctrines that gives rise to several different causes of actions, including 1 actions for infringement of patents, trademarks, or s. The book also deals with competitor false advertising remedies under the lanham act and public enforcement of prohibitions against unfair and deceptive practices by the federal trade commission. Administrative law business law administrative law desk. There are few clearer or more interesting examples of the influence of equitable princi ples upon the common law than that shown in the change in the american law respecting property rights in trademarks. Board of supervisors for louisiana state university agricultural and mechanical college v. Mccarthys desk encyclopedia of intellectual property by j. We will also supplement the material in the case book with judicial decisions, government reports, articles, and. Janklow professor of literary and artistic property law columbia law school jessica litman john f.
We will also supplement the material in the case book with judicial decisions, government reports, articles, and other sources. This onevolume desk reference covers the basics of intellectual property topics, with case. This treatise is considered the most authoritative source of information about trademark and unfair competition law. This system of federal registration helps to ensure that trademarks are fully protected and supports the free flow of commerce. Grading the grade for the class will be based on a final exam, which will most likely be some kind of takehome exam. Trade dress under trademarks and unfair competition laws. Trademarks and unfair competition deskbook, eighth edition 97815226170. Jacobson jacobson is a member of the bars of the state of new york and district of columbia. Common law unfair competition is comprised of torts causing economic damages to a business through deceptive or wrongful business practices. Trademark and unfair competition deskbook lexisnexis 2017 and the law. Contents preface xxiii part i foundations and purposes of trademark and unfair competition law 1 introduction to trademark and unfair 1 competition law 3 a.
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. 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. Law and policy, second edition, continues to feature a complete, balanced, and teachable approach to the trademarks and unfair competition course. You can reach us by phone at 4049750459, toll free at 8776500825 or via email to schedule your initial consultation. Dinwoodie professor oflntellectual property and information technology law university of oxford, uk and mark d. The trademarks and unfair competition class meets weekly at the university of baltimore school of law in room 1002 on mondays from 4.
Administrative law administrative law desk reference. There are many other issues dealt with in the chapters of this book which are not focused on the internet, including parallel imports, registering and enforcing nontraditional trademarks, counterfeit products, and the interplay between trademarks, company names and domain names. The law of unfair competition, trademarks and monopolies a multivolume treatise which comprehensively covers the law of unfair competition as well as antitrust law. Contact our office today to discuss your unfair competition case.
Trademark and unfair competition law will be taught completely online via zoom this semester, augmented by information on the blackboard website. Administrative law business law administrative law. Particular attention will be paid as to the legal problems in the area of trademark protection and the ways of remedy such problems. Trademark and unfair competition law cases and materials, sixth edition 2017 letter update jane c. The words encompass a particular states common law claim of unfair competition. To that end, we provide a full spectrum of legal services to help you foster the success of your trademark while protecting it from the potential perils of becoming too popular. Trademarks and unfair competition lexisnexis store. Federal intellectual property laws and regulations, 2020 ed. I have recently expanded my practice to include the above areas. Intellectual property legal treatises uci law research guides at.
The courts view of what constitutes appropriate business conduct and what constitutes unfair competition shifts with time. Alms law journal press publishes new book on trademark and unfair competition issues. Coverage extends to protection against unfair competition, unfair advertising and. Intellectual property duke university school of law. Trademark passing off or reverse trademark passing off two examples of unfair competition, recognized by state unfair competition laws as well as federal law under section 43a of the lanham act, are passing off and reverse passing off. Privacy, and the reference book, mccarthys desk encyclopedia of intellectual property. District courts and was invited by the federal judicial center to address judges on survey evidence. Exploring the claim of unfair competition chandler. Trademarks and unfair competition deskbook lexisnexis store. Alms law journal press today announced the release of a new book, trademarks and unfair competition.
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