Trademarks and unfair competition chicagokent college of law. Trademark and unfair competition conflicts by tim w. The fifth edition of trademark and unfair competition law. 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. Case selection is made with an eye toward holding student interest. State trademark and unfair competition law, provides a singular comprehensive source for facts, commentary and analysis on u. It is available in print at the williams reference desk kf240. Thomas mccarthy, washington dc 2001 desk encyclopedia of intellectual property, bna books. Trademark and unfair competition law cases and materials sixth edition jane c. 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. If students are unable to attend class, as soon as. 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.
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. Common law unfair competition is comprised of torts causing economic damages to a business through deceptive or wrongful business practices. Trademark and unfair competition in a nutshell nutshells 9780314163417. 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. Attendance and participation we expect students to attend class. It generally is thought to encompass two separate concepts. Employment law report is a monthly newsletter that brings you timely advice from attorneys, managers and other employees to help you stay a step ahead of. Intellectual property duke university school of law. The draft amendments presented by the commission aim at modernizing the system. I have recently expanded my practice to include the above areas.
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. Mastering trademark and unfair competition law 9781594604492. In a fortypage decision the court granted the cowboys and nfl properties summary judgment on all claims, finding that they had proven federal and common law trademark infringement, unfair competition, dilution and that defendant had committed fraud on the on the united states patent and trademark office. Trademark and unfair competition law edward elgar publishing. Palming off is no longer a necessary requisite of unfair competition. For trademarks to be protected they have to be distinctive. Dinwoodie, 9781848442375, available at book depository with free delivery worldwide. These cases are frequently, and most efficiently, decided at an early stage. As competitors are out to win, they may sometimes be tempted to use malicious means to gain an unfair advantage such as making a direct attack against a competitor or misleading the public to the detriment of a competitor. Common law unfair competition trademark infringement. Its general concern is with protecting consumers from confusion as to source. State trademark and unfair competition law, together with its updates, is the most current authority on state trademark law. Trademark protection has existed as an important aspect of the larger body of unfair competition law. What is required is an unfair appropriation of the product of anothers labor or talent.
Novel issues involving trademark usage in the online context are treated in depth. Thoroughly updated to reflect recent developments, trademarks and unfair competition. 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. We have a track record of success in bringing and defending trademark and trade dress infringement, unfair competition, and false advertising cases. This course covers the creation, maintenance, and enforcement of trademark rights, as well as related forms of protection under principles of unfair competition law. In a fortypage decision the court granted the cowboys and nfl properties summary judgment on all claims, finding that they had proven federal and common law trademark infringement, unfair competition, dilution and that defendant had committed fraud on the on. Unfair competition means any fraudulent, deceptive, or dishonest trade practice that is prohibited by statute, regulation, or the common law. The new york law of unfair competition has been broadened. 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. 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. Chapter 1 concepts of trademarks and unfair competition 9 a. While that concern may result in the creation of quasiproperty rights in communicative symbols, the focus is on the protection of. Trademark, unfair competition and consumer protection. Commercial conduct which the law views as unjust, giving rise to a civil claim by those who have been injured by the conduct.
Exhaustive treatise on us trademark and unfair competition law. Zoom videoconferences will be held at regular class times. International universal unification of the conflictoflaw regulation of crossborder unfair competition. Guide companies in obtaining trademark rights through use and registration with the united states patent and trademark office uspto. A few states have enacted legislation dealing with specific types of unfair competition.
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. Identify special rules under trademark law for design, trade dress, and famous marks. If there is a conflict between federal and state law, the federal law will often triumph because of the doctrine of preemption. The course includes an examination of the public policies and economic considerations underlying trademark law, as well as all the basic issues such as the prerequisites to trademark protection, the registration. Restatement third unfair competition section 1 an actor who causes harm to another merely by engaging in a business or trade is not subject to liability regardless of motive. Trademark, copyright, trade secret, and unfair competition. The course includes an examination of the public policies and economic considerations underlying trademark law, as well as all the basic issues such as the prerequisites to trademark protection, the registration process, the. The law of unfair competition is mainly governed by state common law state unfair competition. Unfair competition, both the common law tort and the federal statute, attempt to enforce honest pratices in business. Unfair competition, antitrust, and consumer protections laws can be complex and technical. An uptodate synthesis of current and developing trademark and unfair competition law in one concise volume. Competition 9 restatement of the law third, unfair competition 9 international news service v.
Cornell liis wex, a free legal dictionary and legal encyclopedia, provides a quick overview of trademark law. Trademarks and unfair competition deskbook shop law books. 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. The draft amendments presented by the commission aim at modernizing the system for registering trade marks throughout the eu, leading to. Patent and trademark office uspto for the use of booking. 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. Trademark and unfair competition law book depository. Students and instructors alike will welcome the new edition of this highly accessible and engaging casebook.
Apr 28, 2014 trademark and unfair competition law by graeme b. 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. This edition includes coverage of plans of the european commission to change the trade mark protection system. Trademark and unfair competition law fall 2004 ll41401 professor joseph liu boston college law school texts. A market economy allows and encourages competition between industrial and commercial organisations. Cases and materials retains the successful features of earlier editions, but has been thoroughly updated since the last edition was published in 2007. We litigate trademark and unfair competition infringement claims in the federal courts, at the trademark trial and appeal board, and at the u. 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.
Of particular interest this time is a legislative initiative by the ohim regarding an accelerated procedure for registering community trademarks. Fordham intellectual property, media and entertainment law. Identify trademark law basics, including distinctiveness, infringement, functionality, and ownership. International universal unification of the conflictof law regulation of crossborder unfair competition. View a sample of this title using the readnow feature. Trademark and unfair competition in a nutshell nutshells mark janis. Guide companies in obtaining trademark rights through use and registration with. 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. Unfair competition law the harrison firm pc franchise. Trademarks and unfair competition deskbook lexisnexis store. Trademark and unfair competition law, 7 t h edition west, 2012.
A broad term to describe a commercial activity which creates a second comer to unfairly compete with a legitimate business and is in violation of some legal right of that business. Sources and nature of trademark rights 3 the trade mark cases 3 hanover star milling co. The united states trademark association produced this encyclopedic volume and must be commended for this valuable tool. Trademark, copyright, patent and unfair competition claims. Cases and materials fifth edition 2016 supplement jane c.
We will also supplement the material in the case book with judicial decisions, government reports, articles, and other sources. We now hold that this provision violates the free speech clause of the first amendment. Selfregulation, via associations of organisations, can play an important. Employment law report and deskbook encyclopedia of. The patent and trademark office pto denied the application based on a provision of federal law prohibiting the registration of trademarks that may disparage. It is unfair competition for one producer to pass off his goods as those of another producer by using a trademark confusingly similar to that of the other producer. After three years of employment with the florida state university system, professor. Here is yet another bulletin on trade mark and unfair competition law. Janklow professor of literary and artistic property law columbia law school jessica litman john f.
We both obtain and defend against temporary restraining orders and. Table of contents for trademarks and unfair competition. One concept is the wrong of confusing customers about the source of origin of goods or services. We both obtain and defend against temporary restraining orders and preliminary injunctions. Protecting your companys ip position february 26, 2014 paul llewellyn to. The courts give a fairly broad definition of what constitutes unfair competition, with prior case law lending guidance in defining the. International universal unification of the conflict of law regulation of crossborder unfair competition. Included within the scope of unfair competition is trademark and trade dress infringement, false advertising, trade libel, misappropriation. State law of unfair competition additional resources organizations intellectual property owners association recording industry association of america u. Law and policy, second edition, continues to feature a complete, balanced, and teachable approach to the trademarks and unfair competition course. With the rise of internet marketing and ecommerce around the world, international and crossborder. Passing off is defined as the sale of the goods of one manufacturer passed off as those of another trademark infringement. Sources and nature of trademark rights 3 the trademark cases 3 hanover star milling co. Register now to hear about the latest books and products in your area and receive up to 20% off your orders.
The unfair competition segment will briefly cover interference with contractual relations, and trade libel, and will provide extensive coverage to the increasing federalization of the law of unfair competition under the trademark act which, despite its name, creates various nontrademarkrelated federal torts of unfair competition. 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. The courts view of what constitutes appropriate business conduct and what constitutes unfair competition shifts with time. The ftc regulations concerning unfair competition are found in various parts of title 16 of the code of federal regulations. Unfair competition covers a wide range of unlawful, unfair, deceptive or fraudulent acts. Your data is safe with us, you can find more detail in. Trademark, trade dress, unfair competitionfalse advertising. Trademark and unfair competition law will be taught completely online via zoom this semester, augmented by information on the blackboard website. This casebook presents the basic principles of trademark and unfair competition law and procedure, including expert legal analysis.
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