Trademark and Unfair Competition Law,9780314256393

Trademark and Unfair Competition Law

by
Edition: 6th
ISBN13: 9780314256393
ISBN10: 0314256393
Format: Hardcover
Pub. Date: 2002-08-01
Publisher(s): West Group
List Price: $207.57

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Summary

This law school casebook's coverage includes trademark dilution, trademark usage on the World Wide Web, and extensive materials on trademark remedies and affirmative defenses. Notes follow the principal cases, which are designed to alert students to collateral issues, to cite key resources in the legal literature, and to raise thought-provoking questions. The book contains citations to the relatively new Restatement (Third) of Unfair Competition, and McCarthy on Trademarks. It also features illustrations, which will increase students' appreciation of the key issues at stake in many of the cases.

Table of Contents

Preface v
Table of Cases
xix
The Competitive Market System and the Right to Compete
1(25)
Unfair Trade Practices Law and the Competitive Market System
1(3)
The Right to Enter Markets and to Compete Fairly
4(9)
Interference With Contractual Relationships and the Right to Compete
13(13)
Acquiring Trademark Rights
26(32)
Introduction
26(1)
Jurisdiction Over Trademark Suits
27(3)
Obtaining and Protecting Trademarks at Common Law
30(11)
Obtaining Trademark Rights by Federal Trademark Registration
41(17)
Problem Trademarks
58(121)
Introduction
58(1)
Factually Informative Marks
59(73)
Factually Inaccurate Marks
132(22)
Confusing Marks
154(7)
Immoral, Scandalous, and Disparaging Marks
161(18)
Packaging and Configuration of Goods
179(90)
Introduction
179(1)
Trade Dress and Distinctiveness
180(28)
Functionality
208(41)
Federal Pre--Emption of State Law Trade Dress Protection
249(20)
Infringement, Dilution and Counterfeiting
269(142)
Infringement
269(65)
Dilution
334(64)
Counterfeiting
398(13)
Fair Use, Affirmative Defenses and Remedies
411(132)
Resale of Genuine Goods
411(23)
Reference to Genuine Goods and Services
434(52)
Descriptive Fair Use
486(4)
Affirmative Defenses
490(31)
Remedies
521(22)
Trademarks and Unfair Competition on the Internet
543(70)
Introduction
543(2)
Domain Name Disputes in the Courts
545(28)
Domain Name Dispute Resolution
573(20)
Other Trademark Problems on the Net
593(13)
Interfering With Internet Communications
606(7)
Appropriation of Intangible Values Created by Another
613(153)
Introduction
613(1)
The Right of Publicity
614(56)
Trade Secrets and Similar Confidential Information
670(59)
The Misappropriation Doctrine
729(37)
Competitor Remedies for False Advertising and Disparagement
766(47)
False Advertising
766(25)
Disparagement
791(22)
Consumers Remedies for Deception and Other Unfair Trade Practices
813(52)
Introduction
813(1)
Federal Law Remedies
814(6)
State Law Remedies
820(14)
Barriers to Consumer Litigation
834(31)
Public Consumer Protection Activities
865(124)
Federal Trade Commission Regulation of Deceptive Advertising and Other Unfair and Deceptive Practices
865(105)
State and Local Public Consumer Protection Mechanisms
970(19)
Index 989

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