It consists of a body of related doctrines that gives rise to several different causes of actions, including 1 actions for infringement of patents, trademarks, or s. The joint recommendation concerning trademark licenses. Trademark and unfair competition law boston college. Particular attention will be paid as to the legal problems in the area of trademark protection and the ways of remedy such problems. The many strands of trademark and unfair competition doctrine are organized into a coherent conceptual framework consisting of a brief.
International jurisdiction in ipr disputes european ip helpdesk. Trademarks and unfair competition 12015 3 welcome to another issue of our informative bulletin from the fields of trademark and competition law in poland and the european union. Historically, unfair competition did some trademark work. Law and policy, fourth edition aspen casebook series 4th edition by graeme b.
Trade marks and other distinctive signs act as a valuable tool in a competitive economy by denoting links between products and their sources. Patent and trademark office as well as before the french national institute of. Students and instructors alike will welcome the new edition of this highly accessible and engaging casebook. From this it follows that confusion as to the origin of goods does not necessarily have reference to the actual source or. International and comparative law of trade marks, designs and unfair competition lwm28. Grading the grade for the class will be based on a final exam, which will most likely be some kind of takehome exam. However, we have also included notes about other cases including district court cases that, when taken with the existing casebook, are more extensive than are necessary to understand or teach the subject matter of the trademarks course. Attendance and participation we expect students to attend class. Trademarks and unfair competition deskbook lexisnexis store. Noncompete and trade secrets report developments in protecting business against unfair competition. Trademark and unfair competition law, 7 t h edition west, 2012.
Lookalike trade marks competition is fine but unfair. From this it follows that confusion as to the origin of goods does not necessarily have reference to. Unfair competition customer lists not trade secrets plaintiff corporation sought to enjoin defendants from using information regarding customers and sources of supply obtained from plaintiff while in its employment as director and employee. The courts view of what constitutes appropriate business conduct and what constitutes unfair competition shifts with time. Law on marks, trade names and acts of unfair competition.
In this groundbreaking work, tim dornis who, in addition to his scholarly pursuits, has worked as an attorney, a public prosecutor, and a judge, giving him experience in both civil and commonlaw jurisdictions presents the historicalcomparative, doctrinal, and economic aspects of trademark and unfair competition conflicts law. Unfair competition customer lists not trade secrets. International universal unification of the conflictoflaw regulation of crossborder unfair competition. Trademarks and unfair competition oxford handbooks. With the rise of internet marketing and ecommerce around the world, international and crossborder. We use your linkedin profile and activity data to personalize ads and to show you more relevant ads. The last chapter will focus on trademark law as a tool of protection against unfair competition in ukraine. Unfair competition law the harrison firm pc franchise. The book also deals with competitor false advertising remedies under the lanham act and public enforcement of prohibitions against unfair and deceptive practices by the federal trade commission. This casebook presents the basic principles of trademark and unfair competition law and procedure, including expert legal analysis.
Fordham intellectual property, media and entertainment law. Trademark and unfair competition conflicts historical comparative. We pay great attention to the relationship of trademark and unfair competition law with the other areas of intellectual property law. A trademark may be a word, phrase, symbol or design, or a combination of these. State trademark and unfair competition law is now an online membersonly reference that provides a singular comprehensive source for facts, commentary and analysis on u. Where can i file in case of trademark infringement. Unfair competition refers to the legal rulings and statutes that protect against unethical business practices. A trademark is a type of intellectual property consisting of a recognizable sign, design, or expression which identifies products or services of a particular source. A trademark is sufficiently distinctive to be diluted by a nonconfusing use if the mark retains its source significance when encountered outside the context of the goods or services with which the mark is used by the trademark owner. Organizes the many strands of trademark and unfair competition doctrine around a. The book should be read by any scholar or practitioner interested in the international aspects of intellectual property generally, and trademark and unfair. Trademarks, copyrights and unfair competition kramer levin. Case selection is made with an eye toward holding student interest.
The law of unfair competition and trademarks, with chapters on goodwill, trade secrets, defamation of competitors and their goods, registration of trademarks under the federal trademark act, price cutting, etc by nims, harry d. We also help them develop and manage worldwide ip portfolios, develop terms and logos as trademarks and or service marks, negotiate licensing agreements, and assert and defend infringement and unfair competition claims in u. David craig hilliard, joseph nye welch ii, uli widmaier. With chapters on goodwill, trade secrets, defamation of competitors and their goods, registration of trade. Browse the amazon editors picks for the best books of 2019, featuring our favorite reads in. Unfair competition law is distinct from but similar to other common law wrongs relating to the manner of conducting business. A trademark is a brand name that is used or intended to be used to identify a source of goods or services, and to distinguish the source from others. Handouts in class periodically guidelines and requirements a. This edition includes coverage of plans of the european commission to change the trade mark protection system. The law of unfair competition and trademarks, with.
The early view here, as in many other countries, limited the term primarily to cases of passing off the product of one competitor as and for that of another. The draft amendments presented by the commission aim at modernizing the system. Janklow professor of literary and artistic property law columbia law school jessica litman john f. Some concepts of unfair competition at home and abroad ladies and gentlemen of the bar. A federal court in california has held that a state law claim that a competitor engaged in unfair competition by creating infringing work after hiring former employees who stole proprietary information is preempted by the federal.
Trademark and unfair competition conflicts by tim w. This comprehensive twovolume collection of leading articles in trademark and unfair competition law spans almost a century and three continents, bringing together the most influential and significant scholarly work in this exciting field. This book is a product of our decades of law school teaching. Law and policy, second edition, continues to feature a complete, balanced, and teachable approach to the trademarks and unfair competition course. Mcclure i introduction in 1979, the trademark reporter published an article that i had written in law school that surveyed the intellectual history of intellectual property law, and particularly trademark law, from its earliest inception to the late 1970s.
Unfair competition latest breaking news, pictures, videos, and special reports from the economic times. With chapters on goodwill, trade secrets, defamation of competitors and their goods, registration of trademarks under the federal trademark act, price cutting, etc. Dr stephen james writes again for ward trade marks. Here is yet another bulletin on trade mark and unfair competition law. This course explores common law and statutory protection of ideas, trade secrets, and trademarks, including acquisition and loss of trademark rights, registration with the uspto, licensing, infringement, dilution and misappropriation of trademarks, and fair use. Unfair competition by false statements or disparagement.
Its bafflingly low costs have helped it acquire a dominant share in the u. Astrachan university of baltimore school of law fall 2015 overview this course considers the use of trademarks as a critical intellectual property device designed to prevent consumer confusion over the origin of products and services and the misappropriation of commercial goodwill. Certain conduct may give rise to a cause of action under several different theories of recovery. Of particular interest this time is a legislative initiative by the ohim regarding an accelerated procedure for registering community trademarks. Lookalike trade marks competition is fine but unfair competition is not. State trademark and unfair competition law is now an online membersonly reference that provides a singular comprehensive source for facts, commentary and.
There is no part of the law which is more plastic than unfair competition, and what was not recognized an actionable wrong twentyfive years ago may have become one today. Trademarks and unfair competition lexisnexis store. The most comprehensive source of law school outlines anywhere with the only outline exchange program available. The trademarks and unfair competition deskbook, ninth edition provides. However, we have also included notes about other cases including district court cases that, when taken with the existing casebook, are more extensive than are necessary to understand or teach the subject matter of the. Nimst the international association for the protection of industrial property, at its convention in london, in may, 1932, considered a proposal to amend its definition of unfair competition to read. We will also supplement the material in the case book with judicial decisions, government reports, articles, and other sources. This text provides a comprehensive treatment of trademark, unfair competition, and related areas, with international and internet issues integrated.
Trademarks and unfair competition law school outlines. Cases and materials fifth edition 2016 supplement jane c. Thoroughly updated to reflect recent developments, trademarks and unfair competition. Unfair competition means any fraudulent, deceptive, or dishonest trade practice that is prohibited by statute, regulation, or the common law. Trademark infringement and unfair competition ing the same mark are from the same source. Unfair competitioncustomer lists not trade secrets plaintiff corporation sought to enjoin defendants from using information regarding customers and sources of supply obtained from plaintiff while in its employment as director and employee. The law concerning marks, trade names and acts of unfair competition of the kingdom of cambodia approved by the national assembly on december 6, 2001, at the 7th plenary session, 2nd legislature and approved wholly the formality and legality by senate on january 08, 2002 at 6th plenary session, 1st legislature with the following full text. Find all the books, read about the author, and more. We also help them develop and manage worldwide ip portfolios, develop terms and logos as trademarks andor service marks, negotiate licensing agreements, and assert and defend infringement and unfair competition claims in u. Trademark and unfair competition conflicts historical. Trademark and unfair competition in a nutshell by mark d. V secret catalogue decision on trademark dilution, is authored by three of the. Unfair competition blogs, comments and archive news on.
If students are unable to attend class, as soon as. Chapter 9 summarizes the dominant law and economic approach to some of the doctrines comprising the two major strands of modern trademark law. The trademarks and unfair competition deskbook, ninth 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 uptodate synthesis of the current and developing law. Nonconventional types of trademarks include colors, fragrances, and sounds.
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