A compendium of trademark law that provides practitioners of trademark and unfair competition law with a contemporary synthesis of developing topics in the field. Coverage includes: basic principles of trademark and unfair competition law; the creation and maintenance of trade identity rights; trademark registration; loss of rights; infringement of trademark rights; defences; trade identity law (including discussions of dilution, misrepresentation, trade dress, misappropriation, distinctive advertising and merchandising and the right of publicity); jurisdiction; remedies; and governmental regulation. The price includes three months of updates.

This new edition reflects the phenomenal growth in the scope and significance of trademark and unfair competition law sparked by e-commerce and the Internet. This casebook provides an organized, practical guide to the opinions, treatises and commentary, a delineation of the principal questions and problems to be expected, and a synthesis of the current and developing law. The organization provides an historical and fundamental foundation in principles before progressively moving to the more sophisticated problems. Each section begins with an introductory overview followed by tightly edited cases and a summary of the issues, with analysis through notes and other secondary textual materials.

ESSENTIALS OF TRADEMARKS AND UNFAIR COMPETITION Full of valuable tips, techniques, illustrative real-world examples, exhibits, and best practices, this handy and concise paperback will help you stay up to date on the newest thinking, strategies, developments, and technologies in trademarks and unfair competition. "This is an extremely well-conceived, clearly written, and authoritative presentation of several related intellectual property disciplines. It will be valuable both to business executives and nonspecialized lawyers. Serious readers should get up to speed rapidly because Ms. Shilling focuses on the real issues in an effective, user-friendly manner." —Robert Goldscheider, Chairman, The International Licensing Network "Dana Shilling has written a work that should be the new, first stop for junior associates or experienced general practitioners alike delving into their first serious engagement with the law of trademark and unfair competition. In a terse but accessible style she has touched on most of the major issues in these developing areas and has done so with a minimum of jargon, 'inside baseball,' and bias in an area rife with vested litigation and economic interests. No other book presently available fits quite this niche." —Ronald D. Coleman, Partner, Intellectual Property Department, Gibney, Anthony & Flaherty LLP The Wiley Essentials Series-because the business world is always changing...and so should you.

This widely used casebook, cited by the Supreme Court in its Moseley v. V Secret Catalogue decision on trademark dilution, is authored by three of the nation's preeminent trademark practitioners and teachers. Constitutional issues--pertaining to the Commerce Clause, the Patent and Copyright Clause, the Supremacy Clause, and the First Amendment--are reshaping modern trademark law, have been outcome-determinative in many high-profile cases, and are fueling extremely influential debates in academic literature. Throughout the casebook, great attention is paid to the constitutional and practical relationship of trademark law with other areas of intellectual property law.The casebook provides an in-depth presentation and analysis of the principal questions and problems in trademark law today, and a synthesis of the current and developing law. The organization provides students with a foundation in the historical and normative principles that have been governed and continue to govern trademark law's evolution, before progressively exposing them to more sophisticated and specific problems. Each section begins with an introductory overview followed by tightly edited cases and a summary of the issues, with analysis through notes and other secondary textual materials. Features of this new edition include:Analysis of color protection versus permitted ornamentation, addressing monopoly issues and the courts' power to modify federal registrations, as discussed in the Louboutin "red shoes" decision and others;Developments in our controversial dilution laws, addressing, among other things, how close the similarities need to be and the effect of differing connotations, including as discussed In Starbucks v. Wolfborough, the recent and final "Starbucks v. Charbucks" decision;Generic "marks" and the effect of protection on fair competition;How the assessment of packaging and product design functionality and consequent unprotectability continues to evolve, including when intentional competitive copying will be prohibited and when permitted;The aesthetic functionality doctrine and the potential protection of packaging, product and other designs, with continuing confusion, disagreement, and differing applications among the federal courts;Contributory infringement, particularly in the online environment, as courts sort out the responsibilities of companies like Google, amid concerns about consumer deception in cases like Rosetta Stone v. Google;The Supreme Court's views on covenants not to sue in Already LLC v. Nike, Inc.;The continuing evolution of First Amendment analysis and permitted, versus prohibited, uses of another's trademark;Application of First Amendment concerns to commercial artistic works such as videogames where should the lines be drawn, and when are they crossed