Trademark, copyright, patent and unfair competition claims. John welch has represented clients in scores of patent, trademark, unfair competition, and domain name lawsuits across the country, and has handled hundreds of opposition and cancellation proceedings before the trademark trial and appeal board ttab of the u. Wework files complaint against urwork for trademark. Report examines publicly available data on rates of women, minorities, and veterans in the patent system and makes recommendations for increased awareness and participation. Students will be required to comprehend the development of patent law over time and analyse patent specifications and claims. Unfair competition is the same as trademark infringement except without the requirement of the existence of an enforceable trademark. This book is a product of our decades of law school teaching. This text provides a comprehensive treatment of the law of trademark, unfair competition, false advertising, and the right of publicity. Federal and state trademark laws regulate concurrently. Trademark and unfair competition in a nutshell, 2nd edtion.
These cases are frequently, and most efficiently, decided at an early stage. 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. Law school home law library faculty profiles faculty publications centers journals. Trademark, trade dress, unfair competitionfalse advertising. Of particular interest this time is a legislative initiative by the ohim regarding an accelerated procedure for registering community trademarks. We will also supplement the material in the case book with judicial decisions, government reports, articles, and other sources. 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. We have represented some of the worlds best known trademark owners in false advertising, unfair competition, trademark and trade dress disputes. Trademark and unfair competition law cases and materials, sixth edition 2017 letter update jane c.
Appendix a lanham trademark act of 1946, as amended through february 1, 2016 and codi. In the field of state trademark and unfair competition law, to my knowl edge no other. Law and policy, fourth edition aspen casebook series 9781454827825. The many strands of trademark and unfair competition doctrine are organized into a coherent conceptual framework consisting of a brief examination of foundational concepts, followed by thorough treatments of the law on 1 the creation of trademark rights. This is chapter of the book intellectual property and the common law. 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. This article will focus on the protection available for a fictional character also referred to as a literary character, such as james.
Trademark and unfair competition law, 7 t h edition west, 2012. Trademark piracy, counterfeiting and imitation of labels and packaging. David craig hilliard, joseph nye welch ii, uli widmaier. The last chapter will focus on trademark law as a tool of protection against unfair competition in ukraine. 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. It generally is thought to encompass two separate concepts. Understanding trademark law is a comprehensive and uptodate guide to the law of trademarks and unfair competition. The law journal of the international trademark association embracing marketplace realities. Identify trademark law basics, including distinctiveness, infringement, functionality, and ownership. We both obtain and defend against temporary restraining orders and. Our trademark lawyers have won precedentsetting appellate cases in the areas of trademark protection, fair use, secondary liability, and rights of publicity. Trademarks and unfair competition deskbook lexisnexis store. During that interim period, a time of major expansion of relevant legal doctrines, 2.
If students are unable to attend class, as soon as. Trademark and unfair competition law university of michigan. This unit involves a detailed consideration of patent law, trade mark law and, to a lesser extent, the law of unfair competition. 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. Handouts in class periodically guidelines and requirements a.
Jun 23, 2017 trademark and unfair competition conflicts historicalcomparative, doctrinal, and economic perspectives cambridge intellectual property and information law book series, 2017 700 pages posted. Table of contents for trademarks and unfair competition. Internetrelated trademark disputes have now arisen in every corner of trademark practice, and show up in nearly every chapter of the book. Replace the final sentence of question 5 with the following sentence. The law journal of the international trademark association. Identify special rules under trademark law for design, trade dress, and famous marks. International universal unification of the conflictoflaw regulation of crossborder unfair competition. Trademarks and unfair competition features many issues related to online. Competition law, the internet has continued to shape the law of trademarks, forcing courts to reexamine classic trademark doctrines and concepts. State trademark and unfair competition law, provides a singular comprehensive source for facts, commentary and analysis on u.
Subject matter of trademark protection 59 restatement of the law third, unfair competition 59 kellogg co. 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 and unfair competition in a nutshell nutshells 2nd edition by mark janis author 5. In particular, the casebook explores controversies concerning. Trademark and unfair competition conflicts historical. Novel issues involving trademark usage in the online context are treated in depth. The right conferred by the patent grant is the right to exclude others who wish to make, use, offer for sale, or sell the patented invention in the united states or who might import the invention into the united states. Trademarks and unfair competition uli widmaier, david c. In 2006, professor maggs received the distinguished faculty award for international achievement, the highest award bestowed upon a university of illinois faculty member for scholarship and service within. A trademark may be a word, phrase, symbol or design, or a combination of these.
One concept is the wrong of confusing customers about the source of origin of goods or services. In the field of state trademark and unfair competition law, to my knowl. 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. We both obtain and defend against temporary restraining orders and preliminary injunctions. 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.
We have a track record of success in bringing and defending trademark and trade dress infringement, unfair competition, and false advertising cases. Zoom videoconferences will be held at regular class times. We pay great attention to the relationship of trademark and unfair competition law with the other areas of intellectual property law. Trademark and unfair competition law will be taught completely online via zoom this semester, augmented by information on the blackboard website.
A patent for an invention is the grant of a property right to the inventor, issued by the united states patent and trademark office uspto. This barcode number lets you verify that youre getting exactly the right version or edition of a book. Eleven years passed between editions of professor j. State trademark and unfair competition law by the united states trademark association clark boardman company, ltd. Trademark and unfair competition in a nutshell, 2nd. 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.
Historically, unfair competition did some trademark work. Intellectual property duke university school of law. Amani, bita and craig, carys, trademarks and unfair competition law in canada. The article protection of graphic characters provides an overview of the protection of characters and general guidelines for protection of a graphic character that is depicted by a cartoon or other graphic representation, such as mickey mouse or superman.
In 2012 he published a book on kazakhstan company law and coauthored a book on russian law and a casebook on trademark and unfair competition. With the rise of internet marketing and ecommerce around the world, international and crossborder. Unfair competition law is a broad legal concept that is used both by laypersons and courts often without clear definition. Trademark and unfair competition law boston college. What is the difference between trademark infringement and.
Fordham intellectual property, media and entertainment law. Janklow professor of literary and artistic property law columbia law school jessica litman john f. 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. Guide companies in obtaining trademark rights through use and registration with the united states patent and trademark office uspto. Cases and materials fifth edition 2016 supplement jane c. Mac windows 8, 8 rt, 10 and modern ui windows 8 desktop, windows 7. The licensing of a mark is to allow others to use the mark without assigning the ownership and the same may be done for all or some of the goods and. Mccarthy on trademarks and unfair competition, volumes 17 intellectual property library mccarthy on trademarks and unfair competition, mccarthy on trademarks and unfair competition. 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. Nonconventional types of trademarks include colors, fragrances, and sounds. 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. Unfair competition law the harrison firm pc franchise. The trademarks and unfair competition deskbook, ninth edition provides. The many strands of trademark and unfair competition doctrine are organized into a.
Trademark licensing is when one as a trademark owner authorize a 3rd party to use the mark in course of trade in consideration of royalty over the sales of products or services licensed under the trademark. Qualitex sued, arguing trademark infringment and unfair competition. 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. Trademarks and unfair competition deskbook, eighth edition 97815226170.
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. Thomas mccarthys comprehensive, twovolume treatise on trademark law and related aspects of unfair competition. Grading the grade for the class will be based on a final exam, which will most likely be some kind of takehome exam. She uses plain language and clear examples to help readers understand legal concepts. Browse the amazon editors picks for the best books of 2019, featuring our. Trademark law intellectual property research guides at. 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. Unfair competition refers to the legal rulings and statutes that protect against unethical business practices.
View a sample of this title using the readnow feature. An injured party brings federal unfair competition claims under section 43a of the lanham act. Particular attention will be paid as to the legal problems in the area of trademark protection and the ways of remedy such problems. Trademarks and unfair competition deskbook, eighth. Sources and nature of trademark rights 3 the trademark cases 3 hanover star milling co. The fight went all the way to the supreme court, but in 1995 qualitex won after the court ruled that color could serve as a. She provides information about, patent, trademark, and unfair competition law.
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