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Trademarks and Unfair Competition Deskbook, 4th Edition

Trademarks and Unfair Competition Deskbook, Fourth Edition

Trademarks and Unfair Competition Deskbook, 4th Edition

Author: David C. Hilliard; Janet Marvel; Joseph N. Welch II
Publisher: LexisNexis Matthew Bender
ISBN: 9781422489062
Published In: December 2011
Format: Paperback
Jurisdiction: U.S. ? Disclaimer:
Countri(es) stated herein are used as reference only

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An up-to-date synthesis of current and developing trademark and unfair competition law in one concise volume.

Expertly advise and represent your clients on evolving trademark issues with the Trademarks and Unfair Competition Deskbook. This guide is a unique and easy-to-use reference tool offering an up-to-date synthesis of current and developing trademark and unfair competition law in one concise volume.

Trademarks and Unfair Competition Deskbook directs you through the latest decisions and legislative enactments. E-commerce and the Internet have sparked phenomenal growth in recent years in the scope and significance of trademark and unfair competition law. New challenges arise daily as the law responds to new technologies and more sophisticated forms of communication. Law schools, law firms, corporate legal departments, and entrepreneurs across the United States and abroad have expanded their intellectual property resources. This growth has resulted in intense intellectual ferment within academia, the courts and the practicing bar. Like patent and copyright law, trademark and unfair competition law are in a state of rapid evolution. Many hitherto unquestioned principles are now being rethought, foundational changes in the policy rationales and the doctrinal and constitutional dimensions of this ancient body of law are being considered and implemented, false leads are being weeded out (or, sometimes, newly introduced). Ecommerce and technological developments have raised new questions about the relationship of trademark law to other bodies of intellectual property law. The U.S. Supreme Court's selection of cases to be heard reflects these trends, and the recent decisions of that court are featured in this 5th Edition of the Trademark and Unfair Competition Deskbook.

This 5th 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 up-to-date synthesis of the current and developing law. The explosion in e-commerce and Internet litigation affects every chapter within this 5th Edition.

There have been a number of major legislative and decisional developments. This 5th Edition includes case materials and commentary on the recent anti-counterfeiting, federal dilution and anti-cybersquatting statutes, as well as ICANN's on-line arbitration process. Developing law under the intent to use registration system is covered, as are the escalating controversies over the limits on the overlapping protections offered by the patent, copyright and trademark laws, and the protection of trade dress protection as analyzed in the Supreme Court's recent decisions.

Finally, this 5th Edition features cases and discussion derived from the growing commercial use of the Internet, including domain name and keyword advertising conflicts, and new forms of deceptive advertising. Developments in counterfeiting law, including the revisions to the Lanham Act providing for stiffer penalties, mandatory restitution and easier seizure procedures, are presented and discussed, as are antitrust decisions that affect this area of law. The continuing tension between the First Amendment and protection of trade identity is explored, particularly in parody and right of publicity cases. As a result, a new chapter on First Amendment issues has been added. Material is also provided on the Federal Trade Commission, which has been actively battling deceptive advertising and marketing schemes online and otherwise, as well as material on other governmental agencies such as the Food and Drug Administration.

CHAPTER 1 Principles of Trademark and Unfair Competition Law
CHAPTER 2 Creation and Maintenance of Trade Identity Rights
CHAPTER 3 Trademark Registration and Administrative Proceedings
CHAPTER 4 Loss of Rights
CHAPTER 5 Product Design and Other Trade Dress
CHAPTER 6 Infringement of Trademark Rights
CHAPTER 7 Defenses and Limitations
CHAPTER 8 Unfair Competition Law
CHAPTER 9 Freedom of Speech and the Law of Trademarks and Unfair Competition
CHAPTER 10 Jurisdiction and Remedies
CHAPTER 11 Governmental Regulation
Appendix: The Lanham Act as Amended
Table of Cases
Table of Statutes
Index

Hilliard, David C.

David C. Hilliard is a senior partner (and former Managing Partner) of Pattishall, McAuliffe, Newbury, Hilliard & Geraldson LLP. David handles IP matters of every description, from anti-counterfeiting and infringement to unfair competition and false advertising. He has tried major copyright, trademark and unfair competition cases and appeals throughout the United States. He protects iconic brands like Ford, Pepsi, BASF, Encyclopedia Britannica, and the American Medical Association. In recent years, his cases have resulted in over 70 leading Federal Appellate and District Court opinions. David is the co-author of two LexisNexis books: the single volume treatise Trademark and Unfair Competition Deskbook, and the law school course book, Trademarks and Unfair Competition.

Marvel, Janet A.

Janet Marvel is a partner and member of the Executive Committee at Pattishall, McAuliffe, Newbury, Hilliard and Geraldson, a Chicago firm specializing in trademark, copyright and unfair competition law. Her practice is broad-ranging, encompassing litigation, including anti-counterfeiting actions, and counseling, including developing comprehensive brand plans for Fortune 50 companies. Janet teaches Trademarks and Unfair Competition at Northwestern Law School. She is co-author of the LexisNexis treatise Trademark and Unfair Competition Deskbook. She was voted an Illinois Super Lawyer by her peers. Professional activities include co-chairing the U.S. Trademark Law committee of the Intellectual Property Law Association of Chicago, and serving on the Membership Committee of the International Trademark Association. Janet is a graduate of Indiana University, Phi Beta Kappa, and the University of Michigan Law School.

Welch II, Joseph Nye

Joseph N. Welch II is the managing partner at Pattishall, McAuliffe, Newbury, Hilliard & Geraldson LLP in Chicago, and the co-author of two LexisNexis books: the single volume treatise Trademark and Unfair Competition Deskbook, and the law school course book, Trademarks and Unfair Competition. He has taught that subject as an adjunct professor at Northwestern University School of Law since 1989. He repeatedly has been recognized by his peers in national publications and national organizations as a leading practitioner in intellectual property law.