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Students and instructors alike will welcome the new edition of this highly accessible and engaging casebook. Thoroughly updated to reflect recent developments, Trademarks and Unfair Competition: Law and Policy, Second Edition, continues to feature a complete, balanced, and teachable approach to the trademarks and unfair competition course.
This comprehensive casebook is well written and clearly organized. Among the features that make it a success:
• The many strands of trademark and unfair competition doctrine are clearly presented using a coherent conceptual framework that is divided into three parts: foundation and purposes, creation, and scope and enforcement.
• The authors enhance the traditional case and note format by summarizing problems to help students better understand the intricacies of key topics.
• Visual aids are used throughout the book to help illustrate more complicated issues.
• Numerous Internet-related trademark issues are featured, such as cybersquatting and domain name disputes; the relationship between trademarks and domain names is addressed.
• International trademark issues are skillfully integrated with domestic issues.
• Trade dress protection is given thorough treatment and is integrated with issues of word mark protection.
• A helpful Teacher's Manual that analyzes the cases and problems.
New to the Second Edition:
• Comprehensive and systematic organization of developing case law on the nature of the defendant's use that is required for infringement, including keyword advertising cases and litigation involving other internet advertising practices
• Up-to-date coverage of the recent legislative revision of trademark dilution law
• New developments regarding the fair use defenses and other defenses to trademark infringement
Part I: Foundations and Purposes of Trademark and Unfair Competition Law
Chapter 1. Introduction to Trademarks and Unfair Competition Law
Part II: Creation of Trademark Rights
Chapter 2. Distinctiveness
Chapter 3. Functionality
Chapter 4. Use
Chapter 5. Registration
Part III: Scope and Enforcement of Trademark Rights
Chapter 6. Geographic Limits on Trademark Rights
Chapter 7. Confusion-Based Trademark Liability Theories
Chapter 8. Non-Confusion-Based Trademark Enforcement Theories
Chapter 9. Permissible Uses of Another’s Trademarks
Chapter 10. False Advertising
Chapter 11. Trade Identity Rights in One’s Persona: Endorsement, Attribution, and Publicity
Chapter 12. Remedies