Restatement of unfair competition 1 rejects the why question as a way of defining unfair competition because it does not take into account the public interest. Trademark and unfair competition in a nutshell nutshells and millions of other. For example, false advertising used to be considered and referred to as unfair competition, but now it has a special name of its own. I believe the same principle could apply to using a code which represents the trade name trademark in order to mislead consumers. Chamberlin that presented a reasoned case against trademarks as reinforcing monopoly power. Unfair competition refers to the legal rulings and statutes that protect against unethical business practices. We will also supplement the material in the case book with judicial decisions, government reports, articles, and other sources. Students and instructors alike will welcome the new edition of this highly accessible and engaging casebook. There continues to be an overall sense of excitement as the law responds to new technologies and increasingly sophisticated forms of communication. 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. Browse the amazon editors picks for the best books of 2019, featuring our. Students will be required to comprehend the development of patent law over time and analyse patent specifications and claims. Practice problems in each chapter encourage students to think like practitioners. Thomas mccarthy, mccarthy on trademarks and unfair competition, 5th ed.
Janklow professor of literary and artistic property law columbia law school jessica litman john f. Palming off is no longer a necessary requisite of unfair competition. V secret catalogue decision on trademark dilution, is authored by three of the nation. Gilson, 18 trademark and unfair competition deskbook 8. A trademark may be a word, phrase, symbol or design, or a combination of these. Incorporating a mix of seminal and modern cases and materials, this casebook delivers broad coverage of trademarks, unfair competition, and business torts, with ample material on the role of technology. State trademark and unfair competition law by the united states. The last chapter will focus on trademark law as a tool of protection against unfair. Germain eleven years passed between editions of professor j.
This treatise is considered the most authoritative source of information about trademark and unfair competition law. Trademark and unfair competition conflicts historical comparative. This book is a product of our decades of law school teaching. Mccarthy on trademarks and unfair competition, volumes.
We will also supplement the material in the case book. However, we have also included notes about other cases including district court cases that, when taken with the existing casebook, are more extensive. Todays deals best sellers find a gift customer service registry new releases gift. 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. The book should be read by any scholar or practitioner interested in the international aspects of intellectual property generally, and trademark and unfair competition law specifically. Trademark rep trademark rights trademarks and unfair traffix u. However, we have also included notes about other cases including district court cases that, when taken with the existing casebook, are more extensive than are necessary to understand or teach the subject matter of the trademarks course. The lanham act contains provisions that bar certain trademarks from the principal register. Save up to 80% by choosing the etextbook option for isbn. Cambridge core competition law trademark and unfair competition conflicts by tim w. Historically, unfair competition did some trademark work. 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. For example, a trademark cannot be registered if it is merely descriptive or deceptively misdescriptive of goods, 1052e1, or if it is so similar to an already registered trademark or trade name that it is likely. For example, false advertising used to be considered.
This unit involves a detailed consideration of patent law, trade mark law and, to a lesser extent, the law of unfair competition. Trademark and unfair competition law book depository. Beyond trademarks, the information compiled on state variations in fictitious name registration, franchising, and corporate formalities is quite useful as a desk book. Alms law journal press today announced the release of a new book, trademarks and unfair. Generally a word, logo or package design or a combination of them, used by a manufacturer or merchant or to be used by one who has a bona fide intention to use it in commerce to identify its goods and distinguish them from others. Alms law journal press today announced the release of a new book, trademarks and unfair competition. Alms law journal press publishes new book on trademark. 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. Particular attention will be paid as to the legal problems in the area of trademark protection and the ways of remedy such problems. Does trademark infringement correspond to claims under unfair competition law.
Trademarks and unfair competition loyola law school. The last chapter will focus on trademark law as a tool of protection against unfair competition in ukraine. Nonconventional types of trademarks include colors, fragrances, and sounds. Trademarks and unfair competition deskbook directs you through the latest decisions and legislative enactments. Astrachan university of baltimore school of law fall 2015 overview this course considers the use of trademarks as a critical intellectual. We pay great attention to the relationship of trademark and unfair competition law with the other areas of intellectual property law. Feb 21, 2008 to trademark a name, or a phrase a young singer named lennon murphy wants to trademark the name lennon, but yoko ono is challenging her in court.
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. Thoroughly updated to reflect recent developments, trademarks and unfair competition. This treatise is considered the most authoritative source of information. 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. Trademark law intellectual property law research guide library.
It is available in print at the williams reference desk kf240. Astrachan university of baltimore school of law fall 2015 overview this course considers the use of trademarks as a critical intellectual property device designed to prevent consumer confusion over the origin of products and services and the misappropriation of commercial goodwill. Law and policy, fourth edition aspen casebook series 9781454827825. Replace the final sentence of question 5 with the following sentence. Of particular interest this time is a legislative initiative by the ohim regarding an accelerated procedure for registering community trademarks. This assembly of writings by scholars, lawyers, and judges on the law and policy of trademarks and unfair competition presents a rich offering that ranges across time, place, and perspective. Trademarks, unfair competition, and business torts. Adios to the irreparable harm presumption in trademark law.
Trademarks and unfair competition deskbook by david c. Enter your mobile number or email address below and well send you a link to download the free kindle app. It is our pleasure to again present you with a bulletin concerning the most recent issues from the field of trademarks, unfair competition and personal data. Pages 381447 the geographic scope of trademark protection. Find all the books, read about the author, and more. The trademarks and unfair competition deskbook, ninth edition provides practitioners.
Fordham intellectual property, media and entertainment law. Every quarter, our team endeavors to select, for your information, the most interesting news from the above areas of law, and to present it in an engaging and easilyunderstandable manner. Registration and information desk at the conference to sign the cle book. Thoroughly updated to reflect recent developments, trademarks and unfair. Supplemented annually, it covers all aspects of trademark and unfair competition law. Cases and materials fifth edition 2016 supplement jane c. Few books however have tried to venture systematically into the heart of the legal beast to construct a truly comprehensive view of what the nature and function of trade marks are and the scope of their legal protection as trade marks and brands. Handouts in class periodically guidelines and requirements a. Law and policy, fourth edition aspen casebook series 4th edition. The past two decades have witnessed an explosion of research into the very ontological foundations of trade mark law. Critical issues in the law, coauthored by jonathan jennings and j.
Law and policy, second edition, continues to feature a complete, balanced, and teachable approach to the trademarks and unfair competition course. 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. Trademark and unfair competition law and millions of other books are available for amazon kindle. Alms law journal press publishes new book on trademark and. Janklow professor of literary and artistic property. Trademark, copyright, patent and unfair competition claims. As legal philosophy developed in the 1940s and 1950s, under the rubric of. Trademark and unfair competition conflicts by tim w.
Incorporating a mix of seminal and modern cases and materials, this casebook delivers broad coverage of trademarks, unfair competition, and business torts, with ample material on the role. Chapter 3 trademark registration and administrative proceedings. Then you can start reading kindle books on your smartphone, tablet, or computer no kindle device required. The book should be read by any scholar or practitioner interested in the international aspects of intellectual property generally, and trademark and unfair. Trademarks, unfair competition, and business torts, second.
In 1978 i received my second law degree in trade regulation from the new york university school of. This casebook presents the basic principles of tradem. It provides a thorough introduction to the federal laws protecting registered trademarks and trade dress, as well as. We learn that acceptable motives for competing are greed and profit, while it is unacceptable to compete out of malice. The article covers the presumption of irreparable harm, past and present, and explain the complications inherent in losing it, as well as discusses first the plaintiffs and then the defendants point of view. Pages 358366 foreign words and personal names as trademarks. Beyond trademarks, the information compiled on state variations in fictitious name registration, franchising, and corporate formalities is quite useful as a desk book for these areas.
Trademark and unfair competition law cases and materials, sixth edition 2017 letter update. Intellectual property duke university school of law. Trademarks and unfair competition deskbook lexisnexis store. Trademarks and unfair competition lexisnexis store. What is required is an unfair appropriation of the product of anothers labor or talent. Alms law journal press publishes new book on trademark and unfair competition issues.
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