This innovative casebook is the most conveniently organized law school textbook on trademark law. Featuring an integrated approach to intellectual property, the book features a tight focus on teaching the practical aspects of trademark and unfair competition law. The book is designed for teaching one chapter per class but can also accommodate classes of varying duration and courses with varying credit hours. Features: A Topical Approach with 30 topical chapters discussing all trademark topics from Classification of Service and Trade Marks and Certification and Collective Marks to Extraterritoriality and Gray Market Goods. Topics include all unfair competition topics covered by the Lanham Act and its state law counterparts. Problems from Actual Cases with the facts tailored to reflect questions actually resolved in the cases that inspired them. An Intellectual Property Context with a brief discussion of parallel patent and copyright law doctrinal issues in 16 topical groupings from subject matter requirements and protection of functional characteristics of products through preemption of state claims and conflicts among IP areas to national and international exhaustion doctrines. Cases Reflecting Modern Trademark Practice with many cases focused on the increasingly important service sector of the economy and on issues arising from commercial and non-commercial uses of the Internet. The book includes the most up-to-date cases with the strongest intuitive factual appeal to contemporary students. Cases chosen provide clear statements of the relevant rules.

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

Buy a new version of this Connected Casebook and receive ACCESS to the online e-book, practice questions from your favorite study aids, and an outline tool on CasebookConnect, the all in one learning solution for law school students. CasebookConnect offers you what you need most to be successful in your law school classes - portability, meaningful feedback, and greater efficiency. Trademark and Unfair Competition Law: Cases and Problems in an Intellectual Property Context is the most conveniently organized law school textbook on trademark law. Featuring an integrated approach to intellectual property, the book features a tight focus on teaching the practical aspects of trademark and unfair competition law. The book is designed for teaching one chapter per class but can also accommodate classes of varying duration and courses with varying credit hours. Features: A Topical Approach with 30 topical chapters discussing all trademark topics from Classification of Service and Trade Marks and Certification and Collective Marks to Extraterritoriality and Gray Market Goods. Topics include all unfair competition topics covered by the Lanham Act and its state law counterparts. Problems from Actual Cases with the facts tailored to reflect questions actually resolved in the cases that inspired them. An Intellectual Property Context with a brief discussion of parallel patent and copyright law doctrinal issues in 16 topical groupings from subject matter requirements and protection of functional characteristics of products through preemption of state claims and conflicts among IP areas to national and international exhaustion doctrines. Cases Reflecting Modern Trademark Practice with many cases focused on the increasingly important service sector of the economy and on issues arising from commercial and non-commercial uses of the Internet. The book includes the most up-to-date cases with the strongest intuitive factual appeal to contemporary students. Cases chosen provide clear statements of the relevant rules. CasebookConnect features: ONLINE E-BOOK Law school comes with a lot of reading, so access your enhanced e-book anytime, anywhere to keep up with your coursework. Highlight, take notes in the margins, and search the full text to quickly find coverage of legal topics. PRACTICE QUESTIONS Quiz yourself before class and prep for your exam in the Study Center. Practice questions from Examples & Explanations, Emanuel Law Outlines, Emanuel Law in a Flash flashcards, and other best-selling study aid series help you study for exams while tracking your strengths and weaknesses to help optimize your study time. OUTLINE TOOL Most professors will tell you that starting your outline early is key to being successful in your law school classes. The Outline Tool automatically populates your notes and highlights from the e-book into an editable format to accelerate your outline creation and increase study time later in the semester.

Privilege to Compete; Obtaining Trademark Rights; Types of Trademarks; Shape, Color and Trade Dress; Trademark Infringement; Dilution; Permissible Uses of Another's Mark; Copyrightable Subject Matter; Publication; Copyright Formalities; Joint Works and Works Made for Hire; Rights of Copyright Owners; Copyright Infringement; Fair Use; Misappropriation Doctrine; Right of Publicity; Preemption of State Law; Types of Patents; Patent-Eligible Subject Matter; Novelty; Statutory Bar; Non-Obviousness; Utility; Patent Application Procedure; Patent Infringement; Trade Secret Law; State False Advertising and Disparagement Law; Lanham Act Claims for False Advertising and Disparagement; F.T.C. Unfairness Doctrine; F.T.C. Deception Doctrine; Advertising Substantiation; F.T.C. Remedies; F.T.C. Rule-making; Consumer Remedies; Price Discrimination Under the Robinson-Patman Act; Harm to Primary-Line Competition; Harm to Secondary-Line Competition; Cost Justification and Meeting Competition Defenses; Advertising Allowances; Buyer Liability for Price Discrimination.

This casebook presents the basic principles of Trademark and Unfair Competition law and procedure, including expert legal analysis. It devotes separate chapters to acquisition of trademark rights; registration of trademarks; loss of trademark rights; infringement of trademarks, including a distinct section on defenses to infringement. The materials on 43(a) highlight both trade dress cases and false advertising cases. The Fourth Edition also amplifies the materials on the relationship of trademarks and freedom of expression. The Fourth Edition brings this casebook up-to-date, including recent cases and legislation, such as the 2006 Trademark Dilution Revision Act. Several chapters have been reorganized, among other things, to take into account the impact of the Internet on almost every aspect of trademark law. The Fourth Edition also emphasizes the international dimension of trademarks by interweaving throughout the book cases and materials addressing problems of extraterritoriality, rather than confining them to a concluding chapter.

The new Edition of this one-volume compilation of statutes for law students has been updated to include the most significant developments of the past year, including: The Trademark Dilution Revision Act of 2006, thoroughly overhauling the law of trademark dilution; The U.S. Safe Web Act, adding numerous provisions to the Federal Trade Commission Act that will allow the FTC to cooperate with foreign law enforcement authorities to combat on-line electronic fraud that crosses national boundaries; Regulatory developments, such as final regulations to implement the Patent and Trademark Office's new electronic filing system, more regulations clarifying the filing date requirements for patent re-examinations, and regulations to implement priority document exchanges between the U.S. PTO and Intellectual Property Offices in other countries; and Revisions to the language of Article 5 of the Madrid Protocol on Trademark Registration, along with a related Interpretative Statement. This edition contains all this new material, along with a few formatting changes that enhance the readability of the volume. Several new and amended regulations appear in this thoroughly updated edition for 2009. These include regulations mandating new procedural requirements in Inter partes administrative trademark cases, changes to the patent rules of practice necessitated by developments in the Patent Cooperation Treaty system, new forms for registering renewal claims of copyright and interim regulations governing online registration of copyright claims.