Trademarks and Unfair Competition: Law and Policy 2012-2013

ISBN-10: 1454811056

ISBN-13: 9781454811053

Edition: 2012

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Description: Trademark law changes rapidly. To keep your course on trademark law up todate, the authors of the casebook Trademarks and Unfair Competition: Lawand Policy, Second Edition, have compiled excerpts from significant newcase decisions, combined with the current version of the Lanham Act, excerptsfrom other Federal and state statutory and administrative materials, andselections from critical international materials.New cases in this Supplement include:The Second Circuit's crucial keyword advertising decision in Rescuecomv. GoogleThe Tiffany v. eBay decision on secondary liability for internetintermediariesThe latest iteration of ITC Limited v. Punchgini, on well-knownmarksThe Ninth Circuit's application of Rogers in the video game context inE.S.S. Entertainment v. Rock Star VideosLegislative, administrative, and international materials include:The Lanham ActExcerpts from the Rules of Practice in Trademark Cases and theRevised Trademark Manual of Examining Procedure (TMEP, 5th ed. Sept. 30, 2007)Updated rights of publicity statutes (from selected states)International MaterialsExcerpts from the TRIPS Agreement and the Paris ConventionExcerpts from The Madrid ProtocolThe Uniform Domain Name Dispute Resolution PolicyExcerpts from the North American Free Trade Agreement (NAFTA) and theEC Trademark Directive

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Book details

List price: $37.00
Copyright year: 2012
Publisher: Aspen Pub
Binding: Paperback
Pages: 384
Size: 7.00" wide x 10.00" long x 1.00" tall
Weight: 1.760
Language: English

Preface
Foundations and Purposes of Trademark and Unfair Competition Law
Introduction to Trademark and Unfair Competition Law
Creation of Trademark Rights
Distinctiveness
Amazing Spaces, Inc. v. Metro Mini Storage
Universal Furniture Int'l, Inc. v. Collezione Europa USA, Inc.
Functionality
Franco & Sons, Inc v. Franek
In Re Becton, Dickinson and Company
Specialized Seating, Inc. v. Greenwich Indus., L.P.
Erbe Elektromedizin GMBH v. Canady Technology LLC
Christian Louboutin S.A. v. Yves Saint Laurent America, Inc
Use
Registration
Problem 5-7A: Celebrity Names
Scope and Enforcement of Trademark Rights
Geographic Limits on Trademark Rights
Confusion-Based Trademark Liability Theories
Problem 7-12A: Brother Billy and the Baptists' Bathrooms
Non-Confusion-Based Trademark Liability Theories
Visa Int'l Service Assoc. v. JSL Corp.
Notes and Questions
Dspt Int'l, Inc. v. Nahum
Newport News Holdings Corp. v. Virtual City Vision, Inc.
Microsoft Corp. v. Shah
Permissible Uses of Another's Trademark
Fortune Dynamic, Inc. v. Victoria's Secret Stores Brand Mgm't, Inc.
Notes and Questions
Toyota Motor Sales, U.S.A., Inc. v. Tabari
The Univ. of Alabama Board of Trustees v. New Life Art, Inc
Notes and Questions
Rosetta Stone Ltd. v. Google, Inc.
False Advertising
Problem 10-3A: Lanham Act False Advertising v. Other Federal Labeling Regulations
Trafficschool.com, Inc. v. Edriver, Inc
Notes and Questions
Trade Identity Rights in One's Persona: Endorsement, Attribution, and Publicity
Remedies
Voice of the Arab World v. MDTV Medical News Now, Inc
Nightingale Home Healthcare, Inc. v. Anodyne Therapy, LLC
Exploitation of Trademarks
Trademark Transactions
Statutory Materials
U.S. - Federal Law
Trademark Act of 1946 ("Lanham Act")
Counterfeiting
Rules of Practice in Trademark Cases (Excerpts)
Trademark Manual of Examining Procedure (TMEP) -8<sup>th</sup> ed. (Excerpts)
U.S. - State Law (Rights of Publicity)
California
Indiana
New York
Tennessee
International Materials
Agreement on Trade-Related Aspects of Intellectual Property Rights ("TRIPS") (Excerpts)
Paris Convention for the Protection of Industrial Property (Excerpts)
Uniform Domain Name Dispute Resolution Policy
Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks
North American Free Trade Agreement (Excerpts)
EC Trademark Directive (Excerpts)
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