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. This book is a product of our decades of law school teaching. Law and policy with dinwoodie and several other books on trademark law. Pages 381447 the geographic scope of trademark protection. An entirely new chapter is devoted to the question of trademark laws interaction with the first amendment. 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. Rent textbook trademarks and unfair competition by dinwoodie, graeme b. The many strands of trademark and unfair competition doctrine are carefully organized into a coherent conceptual framework divided into three parts. This treatise is considered the most authoritative source of information about trademark and unfair competition law.
Understanding trademark law is a comprehensive and uptodate guide to the law of trademarks and unfair competition. Thomas mccarthy, mccarthy on trademarks and unfair competition, 23. Includes the text of important statutes and regulations and a. Mccarthy on trademarks and unfair competition 1996. 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. 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 deceptive. Essentials of trademarks and unfair competition by dana. Nutshells are little paperback books that give a concise overview of an area of law. Common law unfair competition is comprised of torts causing economic damages to a business through deceptive or wrongful business practices. Alms law journal press publishes new book on trademark.
We have a track record of success in bringing and defending trademark and trade dress infringement, unfair competition, and false advertising cases. Intellectual property duke university school of law. Books intellectual property and technology law guides at. Students and instructors alike will welcome the new edition of this highly accessible and engaging casebook. General resources intellectual property research research. Alms law journal press today announced the release of a new book, trademarks and unfair competition. 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. Thus, the seventh edition of trademarks and unfair competition has a newly enhanced focus on examining trademark laws place in the constitutional scheme. Trademarks and unfair competition features many issues related. Supreme court opinions, mccarthy on trademarks and. Trademarks and unfair competition deskbook shop law books. Chapter 1 concepts of trademarks and unfair competition 9 a. The traditional caseandnote format is enhanced by summarizing problems that help students understand intricate key topics. 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.
Mccarthy on trademarks and unfair competition, volumes 17 intellectual property library mccarthy on trademarks and unfair competition, mccarthy on trademarks and unfair competition. 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. The many strands of trademark and unfair competition doctrine are organized into a coherent. Nonconventional types of trademarks include colors, fragrances, and sounds. Includes the text of important statutes and regulations and a table of trademarks, trade names, and slogans. 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. Apr 02, 2020 a comprehensive and uptodate guide to the law of trademarks and unfair competition. 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. Essentials of trademark and unfair competition essentials series. Mccarthy on trademarks and unfair competition by j. We pay great attention to the relationship of trademark and unfair competition law with the other areas of intellectual property law. Thoroughly updated to reflect recent developments, trademarks and unfair competition. 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.
Thomas mccarthy, 1996, west group edition, in english 4th ed. Trademark, trade secret, and unfair competition law. 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. In the field of state trademark and unfair competition law, to my knowledge no other single volume nor set of books compiles the same. Particular attention will be paid as to the legal problems in the area of trademark protection and the ways of remedy such problems. These cases are frequently, and most efficiently, decided at an early stage. David is the coauthor of two books on trademark and unfair competition, this deskbook lexisnexis 2017 and a law school course book carolina academic. David craig hilliard, joseph nye welch ii, uli widmaier. 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. 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.
This should lead to protection being obtained faster, within about five months from the application date. Rent textbook trademarks, unfair competition, and business torts by merges, robert p. 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. 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. International universal unification of the conflictoflaw regulation of crossborder unfair competition. The last chapter will focus on trademark law as a tool of protection against unfair competition in ukraine. 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. Books intellectual property and technology law guides.
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. International as well as domestic issues are thoroughly explored. While traditional entities such as songwriters and record companies have always existed, technological advances in digital distribution have. Alms law journal press publishes new book on trademark and unfair competition issues. This system of federal registration helps to ensure that trademarks are fully protected and supports the free flow of commerce. Cap trademarks and unfair competition, twelfth edition. In print for 40 years and cited in more than 4,000 uspto and federal court opinions, including 12 u. Thomas mccarthy, mccarthy on trademarks and unfair competition, 5th ed. Trademarks and unfair competition deskbook lexisnexis store. 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 law, sixth edition view table of contents and introductory material. Trademarks and unfair competition, twelfth edition view table of contents and introductory material. Critical issues in the law, coauthored by jonathan jennings and j.
The traditional case and note format is enhanced by summarizing problems that help students understand intricate key topics. Trademarks and unfair competition features many issues related to online commerce, such as cybersquatting, keyword advertising. Common law unfair competition trademark infringement. 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. Alms law journal press publishes new book on trademark and. National protection of trademarks is desirable, we have explained, because trademarks foster competition and the maintenance of quality by securing to the. Apr 06, 2019 mccarthy on trademarks and unfair competition by j. This book should be read by any scholar or practitioner interested in the international aspects of intellectualpropertygenerally, and trademark and unfair competition law speci. If you want to understand patents, s, trademarks, this book will make you an expert in an afternoon. Novel issues involving trademark usage in the online context are treated in. Buy mccarthy on trademarks and unfair competition, 5th at legal solutions from thomson reuters.
Callmann on unfair competition, trademarks, and monopolies. Unfair competition, both the common law tort and the federal statute, attempt to enforce honest pratices in business. 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. A trademark may be a word, phrase, symbol or design, or a combination of these. 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 courts view of what constitutes appropriate business conduct and what constitutes unfair competition shifts with time. The trademark index lists all cali lessons covering trademark. A comprehensive and uptodate guide to the law of trademarks and unfair competition. Understanding trademark law by mary lafrance overdrive.
Includes text of important statutes and regulations, as well as a table of trademarks, trade. Trademark and unfair competition law, in its entirety, can also be found on lexis advance. View or download the free 2016 online supplement for this product. 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. Mccarthy on trademarks and unfair competition 1996 edition. The courts give a fairly broad definition of what constitutes unfair competition, with prior case law lending guidance in. Law and policy, second edition, continues to feature a complete, balanced, and teachable approach to the trademarks and unfair competition course. Buy callmann on unfair competition, trademarks, and monopolies at legal solutions from thomson reuters. Lucas chair in law, indiana university maurer school of law, us.
Essentials of trademarks and unfair competition 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. Students who have access to the platform through their law school will be able to access the content at no charge. Competition 9 restatement of the law third, unfair competition 9 international news service v. This casebook presents the basic principles of trademark and unfair competition law and procedure, including expert legal analysis. We both obtain and defend against temporary restraining orders and preliminary injunctions. Dinwoodie, global professor of intellectual property law, iit chicagokent college of law and mark d. Trademark infringement and unfair competition ing the same mark are from the same source. Supplemented annually, it covers all aspects of trademark 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. 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 the rise of internet marketing and ecommerce around the world, international and crossborder. Trademark and unfair competition conflicts by tim w. Trademark and unfair competition law critical concepts in intellectual property law series edited by graeme b.
Pages 358366 foreign words and personal names as trademarks. Secondary sources trademark law research guides at. 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. Fordham intellectual property, media and entertainment law.
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