Trademarks and Unfair Competition
Trademarks and Unfair Competition

Author: Graeme B. Dinwoodie

Publisher: Aspen Publishing

Published: 2018-08-27

Total Pages: 1584

ISBN-13: 1543803024

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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; and (2) the scope & enforcement of trademark rights and some related causes of action. The traditional case-and-note format is enhanced by problems that help students understand intricate key topics. 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. International as well as domestic issues are thoroughly explored. Comprehensive coverage of trade dress protection is integrated with issues of word mark protection. New to the 5th Edition: the Tam and Brunetti decisions striking down the scandalousness and disparagement bars to registration extensive coverage of recent case developments on expressive uses of marks in political and artistic contexts the Belmora decision on well-known marks and developments on extraterritorial application of the Lanham Act Key Features: coherent conceptual framework clearly delineating creation of rights and enforcement of rights issues traditional case-and-note format, enhanced by problems thorough coverage of trademark issues arising in online commerce integrated coverage of international and domestic doctrine thorough treatment of trade dress protection, integrated with issues of word mark protection

USPTO Trademark Law and Practice
USPTO Trademark Law and Practice

Author: Loletta Darden

Publisher: Aspen Publishing

Published: 2024-11-04

Total Pages: 720

ISBN-13: 1543850146

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This first edition coursebook is a unique trademark law text that combines in-depth discussion of substantive law with a practitioner-focused approach. While USPTO Trademark Law and Practice draws on case law to teach trademark law, the book also teaches practical applications by thoroughly examining the Trademark Manual of Examining Procedure (TMEP), and then demonstrating how to use it when seeking federal registration of trademarks from the United States Patent and Trademark Office (USPTO). The text acts as a guidebook that illustrates how to practice before the USPTO, making it essential to both teachers of trademark law and to aspiring lawyers planning to focus on this field. The concise text provides students with a conceptual framework for understanding key issues and is designed to progress seamlessly from theory to practice. From this vantage point, the book addresses a market need for a course that ditches the esoterica of current casebooks in favor of material that prepares students for trademark law practice. Key Features: Case Illustrations that demonstrate landmark decisions in trademark law Legal Practice Notes that highlight key doctrines Test Your Knowledge questions that ask students to imagine themselves in the role of the trademark law attorney and to describe how they would handle various scenarios Application exercises that ask students to anticipate how judges might rule in trademark cases, thereby allowing them to test their understanding of policies and more deeply think through their consequences An entire chapter devoted to conducting searches on the USPTO database Professors and students will benefit from: A practitioner-centered approach Concise but comprehensive coverage of trademark law Helpful summaries of key concepts throughout Relevant trademark images, documents, and applications that are fully integrated into the casebook and offer students a real-world learning experience Comments and questions throughout the text that prompt critical thinking and prepare students to engage in classroom discussion Multiple exercises that can be used for either independent or in-class assignments