Understanding Trademark Law

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Author: Mary LaFrance

Publisher: LexisNexis

ISBN: 1422486443

Category: Law

Page: 410

View: 528

Understanding Trademark Law is a comprehensive and up-to-date guide to the law of trademarks and unfair competition. It provides a thorough introduction to the federal laws protecting registered trademarks and trade dress, as well as the broad array of federal and state unfair competition doctrines which protect unregistered trademarks and trade dress. Coverage includes the standards and procedures for obtaining federal registration, the rights and remedies available to owners of both registered and common law marks under federal and state law, and the full array of applicable defenses. The text examines both the substantive and procedural rules governing traditional claims for infringement of trademarks and trade dress, as well as claims of dilution, false advertising, and cybersquatting. This is a detailed and sophisticated, yet concise, treatment of the rapidly expanding area of trademark and unfair competition law. All assertions in the text are supported by precise citations to the relevant authorities. In addition to providing a thorough explanation of the fundamentals of each topic, the text identifies those areas in which the law remains unsettled due to conflicting or sparse authorities, makes note of circuit splits and emerging trends in the law, and points the reader toward additional authorities that will enhance his or her understanding of each topic. This text is suitable as an introduction to the field, as a practitioner's desk book, or as a study aid to accompany any of the standard casebooks on the subject.

Understanding Trademark Law

A Beginner's Guide

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Author: Linda A. Tancs

Publisher: Oxford University Press

ISBN: 9780195392869

Category: Law

Page: 299

View: 2161

As of 2008, over 400,000 trademark applications were filed with the U.S. Patent and Trademark office. In this Legal Almanac, Linda A. Tancs provides an overview of intellectual property as it relates to trademarks. Understanding Trademark Law: A Beginner's Guide offers readers an introduction on how to register, maintain, and enforce trademark rights and step-by-step guidance on how to register a mark with the PTO. In addition, this publication explores important topics such as: how to protect and use a trademark, how to complete a trademark application, pre- and post-registration procedures of the PTO, how to monetize trademark assets, infringement issues such as likelihood of confusion, dilution, and counterfeiting as well as the intersection of trademarks and e-commerce. The appendices, together with the bibliography and recommended reading section, provide relevant statutes and other information to expand research. The glossary contains a summary of key terms defined throughout the book. This user-friendly resource is essential for anyone seeking an introduction to trademark law.

Understanding Intellectual Property Law

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Author: Donald S. Chisum,Tyler T. Ochoa,Shubha Ghosh,Mary LaFrance

Publisher: LexisNexis

ISBN: 1579111432

Category: Law

Page: 828

View: 7934

Understanding Intellectual Property Law, 2nd Edition covers all of the intellectual property areas and issues likely to be addressed in an intellectual property survey course. After a comprehensive Introduction in Chapter 1, the general areas covered in the remaining chapters include: • Patents • Trade Secrets • Copyright • Trademarks, and • Other Intellectual Property Rights such as: • Design Protection • Plant Protection • Semiconductor Chip Protection • False Advertising • Misappropriation • Rights of Publicity • Idea Submission This new edition also includes: • Coverage of major Supreme Court cases in intellectual property from the past decade • Changes made in response to the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) • Synthesis and reorganization of materials on patentable subject matter • Developments in trade secret law, including adoption of the Uniform Trade Secrets Act (UTSA) • Synthesis and reorganization of materials on copyrightable subject matter • New material on secondary liability, including Grokster, Global-Tech, and the safe harbors and notice-and-takedown provisions for online service providers • Coverage of the Digital Millennium Copyright Act, including anti-circumvention and copyright management information • New materials on Internet technology, including streaming, search engines, keyword advertising, domain names, and cybersquatting • Completely revised coverage of trademarks, including the Federal Trademark Dilution Act and the Trademark Dilution Revision Act While Understanding Intellectual Property Law, 2nd Edition presents important updates to Patent Law since the first edition, unfortunately timing did not allow inclusion of provisions of the America Invents Act. A complimentary supplement (.pdf) addressing these provisions and the changes to Patent Law (covered in Chapter # 2) as a result of these provisions is now available. Professors can access this Supplement at: http://www.lexisnexis.com/lawschool/class/publications. Students will be able to access and download the Supplement (at no charge) at: http://www.lexisnexis.com/lawschool/study/texts. The supplement analyzes important statutory provisions and their effect on current patent law. Topics from the new Act will include: (1) the first inventor to file system and its effects on the definition of prior art; (2) the new derivation proceedings, replacing the current system of interferences, which allows a patent owner to challenge an earlier filed patent for derivation from the subsequent patent; (3) the prior commercial use defense; (4) the new procedures for inter partes review; (5) the new procedure for post-grant review; (6) the new rules for improper patent marking: (7) changes to the treatment of tax method patents; (8) the new rules pertaining to the best mode requirement; and (9) changes to the rules of jurisdiction.

The Law and Practice of Trademark Transactions

A Global and Local Outlook

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Author: Irene Calboli,Jacques de Werra

Publisher: Edward Elgar Publishing

ISBN: 1783472138

Category: LAW

Page: 680

View: 3657

The Law and Practice of Trademark Transactions is a comprehensive analysis of the law governing trademark transactions in a variety of legal and business contexts, and from a range of jurisdictional and cross-border perspectives. After mapping out the international legal framework applicable to trademark transactions, the book provides an analysis of important strategic considerations, including: tax strategies; valuation; portfolio splitting; registration of security interests; choice-of-law clauses; trademark coexistence agreements, and dispute resolution mechanisms. Key features include: • A comprehensive overview of legal and policy-related issues • A blend of approaches underpinning strategic considerations with analytical rigour • Regional coverage of the key characteristics of trademark transactions in a range of jurisdictions • Authorship from renowned trademark experts Practitioners advising trademark owners, including trademark attorneys, will find this book to be an invaluable resource for their practice, particularly where cross-border issues arise. It will also be a key reference point for scholars working in the field.

Trademark Protection and Territoriality Challenges in a Global Economy

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Author: Irene Calboli,Edward Lee

Publisher: Edward Elgar Publishing

ISBN: 1781953910

Category: Law

Page: 360

View: 8949

The contributors explore how the rise of international trade and globalization has changed the way trademark law functions in a number of important areas, including protection of well-known marks, parallel imports, enforcement of trademark rights again

Parallel Importation in U.S. Trademark Law

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Author: Timothy H. Hiebert

Publisher: Greenwood Publishing Group

ISBN: 9780313289569

Category: Law

Page: 178

View: 9356

Over much of the past century, the law governing third-party importation of non-counterfeit, genuine goods has been obscured by conceptual uncertainty. In recent years, the debate over the gray market has centered on the fundamental reasons for trademark protection, and has raised the possibility of conflict between the two traditionally recognized purposes of trademark law--protecting consumers from deception and protecting trademark owners from lost sales. Hiebert discusses the evolution of the universality and territoriality principles of trademark law, and develops a new understanding of the role of goodwill in resolving trademark infringement issues. Beginning with a review of the earliest days of trademark law, Hiebert traces the development of the twofold purpose and territoriality doctrines in the United States, and examines in detail the cases, statutes, and regulations governing parallel imports. Unlike other recent treatments of the subject, this work benefits from the availability of important archival materials, and devotes considerable attention to the nineteenth-century antecedents of modern parallel importation doctrine, and to the evolution of trademark doctrine within the broader context of American legal realism.

Investing in China

The Law and Practice of Joint Ventures

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Author: Yuwa Wei

Publisher: Federation Press

ISBN: 9781862873452

Category: Business & Economics

Page: 185

View: 5964

With China's rise as a new economic power, the economic and political relationship between Australia and China comes into a new area of development. China's need for capital, raw materials, high technology, and modern management skills has opened a range of opportunities for Australian industry and commerce. However, before making a substantial investment, an Australian investor needs to decide on which business structure is the most suitable for making the investment, a business alliance or a subsidiary. What are the advantages and disadvantages of the different business vehicles? Can the products of the new business be sold in the Chinese domestic market? Can invested capital be repatriated back to Australia? What are the tax implications in both China and Australia of setting up the new business? If a business alliance is established, how does the investor retain control over the new business entity? Does China have a sound political and legal environment which ensures the rights of a foreign investor and provides economic and legal certainty for the foreign investment activities? This book provides the first comprehensive analysis of the above issues. While giving general treatments to all possible investment vehicles, as well as legal and cultural background of China, it focuses the study on the problems facing the establishment of joint ventures between Australian investors and Chinese participants in China. The book will make an excellent contribution to the mutual understanding between Australian and Chinese business people.

Managing Intellectual Assets in the Digital Age

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Author: Jeffrey H. Matsuura

Publisher: Artech House

ISBN: 9781580536462

Category: Law

Page: 233

View: 5379

Written for technology professionals and business managers/owners alike, this new, easy-to-understand book provides you with a comprehensive overview of the key legal and economic issues that affect rights of access and use for intellectual property and knowledge assets, with special emphasis on computer software, Internet content, and digital media. It is the first book to address management of both traditional intellectual property and the broader set of knowledge assets in a single resource. It presents these subjects in a style appropriate for a wide range of practitioners who are not intellectual property or knowledge management specialists, and approaches the challenge of managing these assets from a multidisciplinary perspective.

Cool Infographics

Effective Communication with Data Visualization and Design

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Author: Randy Krum

Publisher: John Wiley & Sons

ISBN: 1118837150

Category: Computers

Page: 368

View: 8267

Make information memorable with creative visual designtechniques Research shows that visual information is more quickly andeasily understood, and much more likely to be remembered. Thisinnovative book presents the design process and the best softwaretools for creating infographics that communicate. Including aspecial section on how to construct the increasingly popularinfographic resume, the book offers graphic designers, marketers,and business professionals vital information on the most effectiveways to present data. Explains why infographics and data visualizations work Shares the tools and techniques for creating greatinfographics Covers online infographics used for marketing, including socialmedia and search engine optimization (SEO) Shows how to market your skills with a visual, infographicresume Explores the many internal business uses of infographics,including board meeting presentations, annual reports, consumerresearch statistics, marketing strategies, business plans, andvisual explanations of products and services to your customers With Cool Infographics, you'll learn to createinfographics to successfully reach your target audience and tellclear stories with your data.

A primer on intellectual property law and patent litigation

understanding and defending your client's patents, trademarks and copyrights

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Author: Edward F. O'Connor,American Bar Association. Tort and Insurance Practice Section

Publisher: Amer Bar Assn

ISBN: N.A

Category: Law

Page: 175

View: 3237

Laws of Creation

Property Rights in the World of Ideas

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Author: Ronald A. Cass,Keith N Hylton

Publisher: Harvard University Press

ISBN: 0674067649

Category: Law

Page: 266

View: 6676

Cass and Hylton explain how technological advances strengthen the case for intellectual property laws, and argue convincingly that IP laws help create a wealthier, more successful, more innovative society than alternative legal systems. Ignoring the social value of IP rights and making what others create “free” would be a costly mistake indeed.

Research Guide to Chinese Trademark Law and Practice

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Author: Robert Haibin Hu

Publisher: N.A

ISBN: N.A

Category: Law

Page: 283

View: 1033

Chinese trademark law has become a hot topic of discussion among scholars and practitioners, both in China and abroad. This book offers the essential information for understanding the Chinese legal regime for trademark registration and administration. It serves as a roadmap for conducting research in this subject area by providing the know-how on finding relevant statutes, regulations, case law, bibliographies, electronic resources, and other useful information. The Guide is a handy reference and valuable tool for legal scholars, law professors, lawyers, and others interested in learning about Chinese trademark law. Major topics in this Guide include: an overview of the trademark law system in China; current trademark laws and regulations in effect; important judicial decisions relating to trademark disputes between Chinese and foreign parties; applicable international treaties and agreements governing Chinese trademarks; trademark agents and law firms; how to conduct trademark searches; and selective judicial and economic statistics concerning Chinese trademarks. Various tables of authorities, along with appendixes, are created to facilitate easy access to critical documents, such as trademark statutes, regulations, policy guidelines, and official interpretations.

European Intellectual Property Law

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Author: Justine Pila,Paul Torremans

Publisher: Oxford University Press

ISBN: 019872991X

Category: Intellectual property

Page: 744

View: 4427

European Intellectual Property Law offers a full account of the main areas of substantive European IP law and a discussion of their wider context and effect. The amount and reach of European law, and decision-making in the field of intellectual property has grown exponentially since the 1960's, making it increasingly difficult to treat European law as an adjunct to domestic intellectual property regimes. European Intellectual Property Law responds to this reality by presenting a clear and detailed account of each of the main areas of substantive EU intellectual property law, situated in the context of both the EU legal system and international IP law, including EU constitutional law, the law of the European Patent Convention 1973/2000, and private international law. It draws selectively on examples from domestic IP regimes to illustrate substantive differences between those regimes and to demonstrate the impact of European law, and decision-making on EU Member States. This unique, thoroughly modern approach goes beyond a discussion of the provisions of European legal instruments to consider their wider context and effect. European Intellectual Property Law is the ideal guide for any student wishing to gain a full and critical understanding of the substantive European law of intellectual property.

The Psychology Behind Trademark Infringement and Counterfeiting

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Author: Judith Lynne Zaichkowsky

Publisher: Psychology Press

ISBN: 9780805847932

Category: Business & Economics

Page: 305

View: 7176

The possibility of brand imitation or counterfeiting should be contemplated in designing new products or brand packaging, just as it is in the printing of currency. It is the intent of The Psychology Behind Trademark Infringement and Counterfeiting to provide those involved in commerce with some understanding, some ideas, and perhaps some strategy for building differentiated brands that are easy to protect. Brand managers, expert witnesses to trademark cases, intellectual property lawyers, and academics of consumer behavior and marketing will find this book useful to understanding consumer motives and processes of trademark infringement and counterfeiting. -- BOOK JACKET.