Fordham intellectual property, media and entertainment law. Of particular interest this time is a legislative initiative by the ohim regarding an accelerated procedure for registering community trademarks. Mccarthy on trademarks and unfair competition policy. The last chapter will focus on trademark law as a tool of protection against unfair competition in ukraine. We both obtain and defend against temporary restraining orders and.
Bishop both have substantial experience in the law of trademark infringement and unfair competition. Alms law journal press publishes new book on trademark and unfair competition issues. Handouts in class periodically guidelines and requirements a. Lexis advance trademark practice center lexisnexis. Replace the final sentence of question 5 with the following sentence. For example, trademark and unfair competition law are the foundations upon which the best selling chicken soup for the soul. Trademark law legal treatises by subject tarlton law library at.
The trademarks and unfair competition deskbook, ninth edition provides practitioners of trademark and unfair competition law an organized guide to the. These law suits incorporate a dispute over an existing design, published or unpublished text or a symbol and images such as a. Trademark infringement and unfair competition markham law. Trademark and unfair competition law will be taught completely online via zoom this semester, augmented by information on the blackboard website. Mccarthy on trademarks and unfair competition, volumes 17 intellectual property library mccarthy on trademarks and unfair competition, mccarthy on trademarks and unfair competition. Two of the aspects of this body of law are trademark infringement and trademark dilution.
This unit involves a detailed consideration of patent law, trade mark law and, to a lesser extent, the law of unfair competition. Trademark, copyright, patent and unfair competition claims. Intellectual property and unfair competition in a nutshell by charles r. The courts view of what constitutes appropriate business conduct and what constitutes unfair competition shifts with time. Particular attention will be paid as to the legal problems in the area of trademark protection and the ways of remedy such problems. Nutshells are little paperback books that give a concise overview of an area of 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. 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.
Trademark infringement and unfair competition rudolf callmann i methods of infringement anomalous though it may seem, no act can be labeled a trademark infringement without more. Law and policy, second edition, continues to feature a complete, balanced, and teachable approach to the trademarks and unfair competition course. 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. Cases and materials fifth edition 2016 supplement jane c.
Coverage extends to protection against unfair competition, unfair advertising and. Patent prosecution for support staff is a practical desk reference. Is there any connection between unlawful competition founded on. And an unregistered trademark can be enforced against wouldbe infringers in several ways. A market economy allows and encourages competition between industrial and commercial organisations. 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. For example, false advertising used to be considered and referred to as unfair competition, but now it has a special name of its own. Unfair competition is the same as trademark infringement except without the requirement of the existence of an enforceable trademark. We have represented some of the worlds best known trademark owners in false advertising, unfair competition, trademark and trade dress disputes. The courts give a fairly broad definition of what constitutes unfair competition, with prior case law lending guidance in defining the. 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. Unfair competition law is a broad legal concept that is used both by laypersons and courts often without clear definition. Selfregulation, via associations of organisations, can play an important. The 29 best trademark books recommended by randy pitchford, such as key to.
Jun 23, 2017 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. Unfair competition, both the common law tort and the federal statute, attempt to enforce honest pratices in business. Recovery of attorneys fees in trademark and unfair competition litigation by theodore h. Trademarks and unfair competition deskbook lexisnexis store. The court held that libertys use does not take an unfair advantage of, and was not detrimental to discoverys trademark as the applicants. As its title suggests, this guide offers a broad summary of the law of intellectual property i. Alms law journal press today announced the release of a new book, trademarks and unfair competition. What is the difference between trademark infringement and. A trademark may be a word, phrase, symbol or design, or a combination of these. International universal unification of the conflictoflaw regulation of crossborder unfair competition.
Most important, even if a trademark is not federally registered, it may still be enforceable under 43a of the lanham act, which creates a federal cause of action for trademark infringement. Grading the grade for the class will be based on a final exam, which will most likely be some kind of takehome exam. Trademark, trade dress, unfair competitionfalse advertising. This law concerns not only the unauthorized use of trademarks, service marks, and trade dress, but also false advertising, trademark dilution, trademark tarnishment, palming off, unfair competition, and related offenses. It generally is thought to encompass two separate concepts.
Zoom videoconferences will be held at regular class times. 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. During that interim period, a time of major expansion of relevant legal doctrines, 2. Coverage extends to protection against unfair competition, unfair advertising and pricing and the unlawful conduct of business. Trademark and unfair competition conflicts historical. Trademark infringement and dilution aspects of unfair.
Janklow professor of literary and artistic property law columbia law school jessica litman john f. If the issue poses a conflict between state and federal laws, the federal laws will generally preempt the state laws. Starting 35 years ago, mccarthy on trademarks and unfair competition was published and updated through four editions, and now comprises seven volumes. We have a track record of success in bringing and defending trademark and trade dress infringement, unfair competition, and false advertising cases.
Book cover of mark janis trademark and unfair competition in a nutshell nutshells. Historically, unfair competition did some trademark work. Trademark and unfair competition in a nutshell nutshells 9780314163417. Identify special rules under trademark law for design, trade dress, and famous marks. Trademark law deals with the protection of logos and designs which identify products or services, allowing a consumer to recognize the maker of a product by sight alone.
Represented plaintiff in trademark infringement suit involving novel issues. Our legal system encourages hard, but fair, and honest competition in business. We both obtain and defend against temporary restraining orders and preliminary injunctions. 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.
Consumer motivation in trademark and unfair competition. The law of unfair competition, trademarks and monopolies a multivolume treatise which comprehensively covers the law of unfair competition as well as antitrust law. Thoroughly updated to reflect recent developments, trademarks and unfair competition. With the rise of internet marketing and ecommerce around the world, international and crossborder. Critical issues in the law, coauthored by jonathan jennings and j. Download pdf trademark and unfair competition in a. 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.
These cases are frequently, and most efficiently, decided at an early stage. Trade dress under trademarks and unfair competition laws. View a sample of this title using the readnow feature. Appendix a lanham trademark act of 1946, as amended through february 1, 2016 and codi. 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. 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. The lexis advance trademark practice center brings your trusted, goto. 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. Students and instructors alike will welcome the new edition of this highly accessible and engaging casebook. 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. In the field of state trademark and unfair competition law, to my knowl. We will also supplement the material in the case book with judicial decisions, government reports, articles, and other sources. In making the comparison to determine similarity, the question is not whether the two articles are distinguishable by their label when set side by side but whether the general confusion made by the article upon the eye of the casual purchaser who is unsuspicious and off his guard, is such as to likely result in his.
Table of contents for trademarks and unfair competition. Law and policy, fourth edition aspen casebook series 9781454827825. Many unfair competition disputes are directed by an explicit specification under the federal trademark statute known as the lanham act. State trademark and unfair competition law by the united states trademark association clark boardman company, ltd. In summary, the law of unfair competition is a broad and wideranging area of the law that basically prohibits practices that society deems to be unfair. Common law unfair competition trademark infringement. 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. Trademarks and unfair competition deskbook, eighth edition 97815226170. Sources and nature of trademark rights 3 the trademark cases 3 hanover star milling co. Guide companies in obtaining trademark rights through use and registration with.
Nonconventional types of trademarks include colors, fragrances, and sounds. If students are unable to attend class, as soon as. 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. This book traces the evolution of trademark from its origin as a common law tort of.
Eleven years passed between editions of professor j. Identify trademark law basics, including distinctiveness, infringement, functionality, and ownership. Sunshine sauce infringement of trademark and unfair competition. Attendance and participation we expect students to attend class. Trademark and unfair competition in a nutshell nutshells 9781634609067. Volume 31 issue 1 article 1 1986 consumer motivation in trademark and unfair competition law. Our trademark lawyers have won precedentsetting appellate cases in the areas of trademark protection, fair use, secondary liability, and rights of publicity. Common law unfair competition is comprised of torts causing economic damages to a business through deceptive or wrongful business practices. Thomas mccarthys comprehensive, twovolume treatise on trademark law and related aspects of unfair competition.
This is particularly applied to the practice of attempting to substitute ones goods or products in the market for those of another for the purpose of deceiving the public. Alms law journal press publishes new book on trademark and. One concept is the wrong of confusing customers about the source of origin of goods or services. Intellectual property and mobile applications wipo. Materials on trademark law are generally located on the 4th floor map. State trademark and unfair competition law by the united states. Trademark and unfair competition law boston college. 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 and unfair competition law, 7 t h edition west, 2012. Whether or not the court will recognize an infringement depends upon the scope of protection to which the trademark is entitled under common. With respect to unfair competition, trademark laws general purpose is to prevent one person from passing off his goods or business as the goods or business of another.
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