We pay great attention to the relationship of trademark and unfair competition law with the other areas of intellectual property law. Includes the text of important statutes and regulations and a. Trademarks and unfair competition features many issues related to online commerce, such as cybersquatting, keyword advertising. Supplemented annually, it covers all aspects of trademark and unfair competition law. 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. Rent textbook trademarks, unfair competition, and business torts by merges, robert p. Trademarks and unfair competition deskbook shop law books. Callmann on unfair competition, trademarks, and monopolies. Mccarthy on trademarks and unfair competition, 5th thomson. A comprehensive and uptodate guide to the law of trademarks and unfair competition. The courts give a fairly broad definition of what constitutes unfair competition, with prior case law lending guidance in.
Supreme court opinions, mccarthy on trademarks and. Books intellectual property and technology law guides at. It provides a thorough introduction to the federal laws protecting registered trademarks and trade dress, as well as the broad array of federal and state unfair competition doctrines which protect unregistered trademarks and. With the rise of internet marketing and ecommerce around the world, international and crossborder. Trademark and unfair competition law, in its entirety, can also be found on lexis advance. Thus, the seventh edition of trademarks and unfair competition has a newly enhanced focus on examining trademark laws place in the constitutional scheme. David craig hilliard, joseph nye welch ii, uli widmaier. The courts view of what constitutes appropriate business conduct and what constitutes unfair competition shifts with time.
Understanding trademark law by mary lafrance overdrive. Students and instructors alike will welcome the new edition of this highly accessible and engaging casebook. As in past quarters, we present recent trademarks and unfair competition rulings, making important intellectual property law judgments available to you in an interesting format. With chapters on goodwill, trade secrets, defamation of competitors and their goods, registration of trademarks under the federal trademark act, price cutting, etc. Full of valuable tips, techniques, illustrative realworld examples, exhibits, and best practices, this handy and concise paperback will help you stay up to date on the newest thinking, strategies, developments, and technologies in trademarks and unfair competition. The many strands of trademark and unfair competition doctrine are carefully organized into a coherent conceptual framework divided into three parts. Buy callmann on unfair competition, trademarks, and monopolies at legal solutions from thomson reuters. Thomas mccarthy, 1996, west group edition, in english 4th ed. Law and policy, fourth edition aspen casebook series 9781454827825.
Apr 02, 2020 a comprehensive and uptodate guide to the law of trademarks and unfair competition. Pages 381447 the geographic scope of trademark protection. Mccarthy on trademarks and unfair competition 1996. 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.
A trademark may be a word, phrase, symbol or design, or a combination of these. It provides a thorough introduction to the federal laws protecting registered trademarks and trade dress, as well as the broad array of federal and state unfair competition doctrines which protect unregistered trademarks and trade dress. Trademarks and unfair competition deskbook lexisnexis store. View or download the free 2016 online supplement for this product. This guide offers a broad summary of the law of intellectual property patents, s trademarks, trade secrets, and a variety of other sui generis forms of protection for innovations and creativity and the law of unfair competition trademark infringement, passing off, trade disparagement, and. Mccarthy on trademarks and unfair competition 1996 edition. Novel issues involving trademark usage in the online context are treated in. This should lead to protection being obtained faster, within about five months from the application date. This casebook presents the basic principles of trademark and unfair competition law and procedure, including expert legal analysis. Trademark and unfair competition law critical concepts in intellectual property law series edited by graeme b. We have a track record of success in bringing and defending trademark and trade dress infringement, unfair competition, and false advertising cases. Citation to mccarthy on trademarks and unfair competition is as follows. Unfair competition, both the common law tort and the federal statute, attempt to enforce honest pratices in business. In the field of state trademark and unfair competition law, to my knowledge no other single volume nor set of books compiles the same.
David is the coauthor of two books on trademark and unfair competition, this deskbook lexisnexis 2017 and a law school course book carolina academic. Trademarks and unfair competition features many issues related. Common law unfair competition is comprised of torts causing economic damages to a business through deceptive or wrongful business practices. Critical issues in the law, coauthored by jonathan jennings and j. Rent textbook trademarks and unfair competition by dinwoodie, graeme b. This system of federal registration helps to ensure that trademarks are fully protected and supports the free flow of commerce. This book should be read by any scholar or practitioner interested in the international aspects of intellectualpropertygenerally, and trademark and unfair competition law speci.
Mccarthy on trademarks and unfair competition, volumes 17 mccarthy on trademarks and unfair competition, volumes 17 intellectual property library mccarthy on trademarks and unfair competition, mccarthy on trademarks and unfair competition author j. Cases and materials 9781587782114 by ginsburg, jane c. This treatise is considered the most authoritative source of information about trademark and unfair competition law. The latest edition of this popular casebook includes full coverage of the principles surrounding trademark acquisition and registration under federal law, as well as infringement and dilution issues. Lucas chair in law, indiana university maurer school of law, us. International universal unification of the conflictoflaw regulation of crossborder unfair competition. Thomas mccarthy, mccarthy on trademarks and unfair competition, 5th ed. From this it follows that confusion as to the origin of goods does not necessarily have reference to the actual source or to the identity of the manufacturer. Law and policy, second edition, continues to feature a complete, balanced, and teachable approach to the trademarks and unfair competition course. Competition 9 restatement of the law third, unfair competition 9 international news service v. Understanding trademark law is a comprehensive and uptodate guide to the law of trademarks and unfair competition. Nonconventional types of trademarks include colors, fragrances, and sounds. Trademark, trade secret, and unfair competition law.
Oct 11, 2018 comprehensive analysis of the law of unfair competition as it relates to trademarks, including an examination of cases as well as the laws theoretical underpinning. The trademark index lists all cali lessons covering trademark. 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. Alms law journal press publishes new book on trademark and unfair competition issues. Pages 358366 foreign words and personal names as trademarks. Alms law journal press publishes new book on trademark. Mccarthy on trademarks and unfair competition, volumes 17 intellectual property library mccarthy on trademarks and unfair competition, mccarthy on trademarks and unfair competition. Trademark infringement and unfair competition ing the same mark are from the same source.
Essentials of trademarks and unfair competition by dana. Dinwoodie, global professor of intellectual property law, iit chicagokent college of law and mark d. Mccarthy on trademarks and unfair competition by j. The traditional caseandnote format is enhanced by summarizing problems that help students understand intricate key topics.
Mncat searches for books, e books, ejournals, maps, music scores, films, sound recordings, government publications, archival materials etc, owned by or accessible via the university of minnesota. Books intellectual property and technology law guides. International as well as domestic issues are thoroughly explored. Trademarks and unfair competition features many issues related to online commerce, such as cybersquatting, keyword advertising, the relationship between trademarks and domain names, and the potential secondary liability of online auction websites such as ebay. If you want to understand patents, s, trademarks, this book will make you an expert in an afternoon. 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.
In print for 40 years and cited in more than 4,000 uspto and federal court opinions, including 12 u. Mccarthy on trademarks and unfair competition provides the authoritative information and analysis needed to successfully represent clients in formulating, registering, licensing, protecting, and litigating trademarks and related rights. Nutshells are little paperback books that give a concise overview of an area of law. Law and policy with dinwoodie and several other books on trademark law. Essentials of trademark and unfair competition essentials series. The last chapter will focus on trademark law as a tool of protection against unfair competition in ukraine. Thomas mccarthy, mccarthy on trademarks and unfair competition, 23.
Mncat searches for books, ebooks, ejournals, maps, music scores, films, sound recordings, government publications, archival materials etc, owned by or accessible via the university of minnesota. This book traces the evolution of trademark from its origin as a common law tort of unfair competition and associated common law trademark rights to the federal lanham trademark act. Intellectual property duke university school of law. The many strands of trademark and unfair competition doctrine are organized into a coherent. Students who have access to the platform through their law school will be able to access the content at no charge. 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. Mastering trademark and unfair competition law provides a clear, concise, presentation of the basic principles underlying and the challenges facing modern trademark law in a digital age. The traditional case and note format is enhanced by summarizing problems that help students understand intricate key topics.
Secondary sources trademark law research guides at. This book is a product of our decades of law school teaching. Alms law journal press publishes new book on trademark and. While traditional entities such as songwriters and record companies have always existed, technological advances in digital distribution have brought important new players into the mix. Buy mccarthy on trademarks and unfair competition, 5th at legal solutions from thomson reuters. Comprehensive analysis of the law of unfair competition as it relates to trademarks, including an examination of cases as well as the laws theoretical underpinning. Includes the text of important statutes and regulations and a table of trademarks, trade names, and slogans. Includes text of important statutes and regulations, as well as a table of trademarks, trade. Fordham intellectual property, media and entertainment law. 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. Magazine enjoined from use of playmen title separating the men from the boys was literally at issue in this federal appellate court decision regarding trademark infringement between publishers of two male sexoriented magazines. We both obtain and defend against temporary restraining orders and preliminary injunctions. An entirely new chapter is devoted to the question of trademark laws interaction with the first amendment.
Apr 06, 2019 mccarthy on trademarks and unfair competition by j. Particular attention will be paid as to the legal problems in the area of trademark protection and the ways of remedy such problems. General resources intellectual property research research. While traditional entities such as songwriters and record companies have always existed, technological advances in digital distribution have. Trademark and unfair competition law, sixth edition view table of contents and introductory material.
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