Author: Mary LaFrance
Author: Mary LaFrance
Author: Mary LaFrance
View: 2391Understanding 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.
Author: Mary LaFrance
View: 9510This Understanding treatise 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.
A Beginner's Guide
Author: Linda A. Tancs
Publisher: Oxford University Press
View: 4913As 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.
A Practical Guide to Trademark Management for Attorneys and Paralegals
Author: Carol Chadirjian
View: 2970We come in contact with many trademarks each day on television, retail stores, Internet. The Business of Trademarks explains why trademarks are so important to businesses and how they identify the manufacturer and guarantee consistent quality to achieve brand loyalty. The Business of Trademarks is intended as a practical guide for those new to trademarks, including attorneys, paralegals and law students requiring a concise, comprehensive book on trademark prosecution to gain the skills and knowledge necessary to perform day-to-day trademark work diligently, confidently and with efficiency. Specific topics covered are: * Trademark searching for clearance * Forms to be filed with the Patent and Trademark Office * Famous trademarks and trade dress * Responding to office actions * Methods of enforcing trademarks * Trademarks in commercial transactions Business of Trademarks is unique from other publications because it explains trademark management from a hands-on approach, including administrative duties which few attorneys handle themselves.
An Intellectual Property Desk Reference
Author: Richard Stim
Category: Business & Economics
View: 8195Whether you are in the world of business or creative arts, you need to understand the laws that govern your work. This is the best book for entrepreneurs and business people to keep on their shelf for when they need understandable legal explanations as well as basic legal overviews and application filing instructions.
Law and Policy
Author: Graeme B. Dinwoodie,Mark D. Janis
Publisher: Wolters Kluwer Law & Business
View: 3410The 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
Author: Marshall A. Leaffer
View: 5639The landscape of copyright law has changed dramatically since the last edition of Understanding Copyright LawThis new edition of Understanding Copyright Law has incorporated all the recent case law and legislative developments, focusing on the challenges of the digital age. Written with clarity and precision, this edition of Understanding Copyright Law remains the most accessible and comprehensive text for students of copyright law. The eBook versions of this title feature links to Lexis Advance for further legal research options.
Author: Donald S. Chisum,Tyler T. Ochoa,Shubha Ghosh,Mary LaFrance
View: 4955Understanding Intellectual Property Law, Third 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 The eBook versions of this title feature links to Lexis Advance for further legal research options.
Author: Robert Haibin Hu
View: 5412Chinese 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.
Author: Margreth Barrett
Publisher: Wolters Kluwer Law & Business
View: 3193The most trusted name in law school outlines, Emanuel Law Outlines were developed while Steve Emanuel was a student at Harvard Law and were the first to approach each course from the point of view of the student. Invaluable for use throughout your course and again at exam time, Emanuel Law Outlines are well-correlated to all major casebooks to help you to create your own outlines. Sophisticated yet easy to understand, each guide includes both capsule and detailed explanations of critical issues, topics, and black letter law you must know to master the course. Quiz Yourself Q&As, Essay Q&As, and Exam Tips give you ample opportunity to test your knowledge throughout the semester and leading up to the exam. Every title in the series is frequently updated and reviewed against new developments and recent cases covered in the leading casebooks. Emanuel Law Outlines provide a comprehensive breakdown of the law, more sweeping than most, for your entire study process. For more than thirty years, Emanuel Law Outlines have been the most trusted name in law school outlines. Here s why: Developed by Steve Emanuel when he was a law school student at Harvard, Emanuel Law Outlines became popular with other law students and spawned an industry of reliable study aids. (Having passed the California bar as well, Steve Emanuel is now a member of the New York, Connecticut, Maryland, and Virginia bars.) Each Outline is valuable throughout the course and again at exam time. Outline chapters provide comprehensive coverage of the topics, cases, and black letter law covered in the course and major casebooks, written in a way you can easily understand. The Quiz Yourself Q&A in each chapter and the Essay Q&A at the end provide ample opportunity to test your knowledge throughout the semester. Exam Tips alert you to the issues that commonly pop up on exams and to the fact patterns commonly used to test those items. The Capsule Summary an excellent exam preparation tool provides a quick review of the key concepts covered in the course. The comprehensive coverage is more sweeping than most outlines. Each Emanuel Law Outline is correlated to the leading casebooks. Every title is frequently updated and reviewed against new developments and recent cases covered in the leading casebooks. Tight uniformity of writing style and approach means that if you use one of these guides, you can be confident that the others will be of similar quality.
Trademark & Unfair Competition
Author: Vincent F. Chiappetta
Category: Trademark infringement
Author: Howard B. Rockman
Publisher: John Wiley & Sons
View: 4053An excellent text for clients to read before meeting with attorneys so they'll understand the fundamentals of patent, copyright, trade secret, trademark, mask work, and unfair competition laws. This is not a "do-it-yourself" manual but rather a ready reference tool for inventors or creators that will generate maximum efficiencies in obtaining, preserving and enforcing their intellectual property rights. It explains why they need to secure the services of IPR attorneys. Coverage includes employment contracts, including the ability of engineers to take confidential and secret knowledge to a new job, shop rights and information to help an entrepreneur establish a non-conflicting enterprise when leaving their prior employment. Sample forms of contracts, contract clauses, and points to consider before signing employment agreements are included. Coverage of copyright, software protection, and the Digital Millennium Copyright Act (DMCA) as well as the procedural variances in international intellectual property laws and procedures.
Author: Amy L. Landers
Category: Patent laws and legislation
A Handbook of Contemporary Research
Author: Graeme B. Dinwoodie,Mark D. Janis
Publisher: Edward Elgar Publishing
View: 2269Boasting an impressive list of contributors, this first edition of Trademark Law and Theory brings together a compilation of well-written and powerfully argued works by leading international academics. The book is certainly one of the most extensive and thought provoking overviews of contemporary trademark law and theory yet to be published. . . Whilst all the contributions share in common their examination of the rapidity of change within trademark systems, the editors should be commended on their generous seasoning of other cross cutting themes throughout the Handbook. . . This fascinating compendium enriches our understanding of the shape, substance, and form of trademark law and theory. . . this Handbook is perhaps a rare exception to the adage that no book can be all things to all men . Its broad sweep approach and cross cutting themes enable a range of interested parties, such as policymakers; academics in the fields of marketing, business, consumer psychology; in addition to the usual suspects; to dip in and out of the Handbook as they wish. . . a unique and erudite collection of essays concerning trademark law and theory. . . Odette Hutchinson, Communications Law Trademarks is an area of vital, practical everyday concern, and the idea of producing a volume that brings together the perspectives of 19 thoughtful and experienced legal scholars is a bold and exciting initiative. The present volume does not disappoint and the two editors are to be congratulated on orchestrating an ensemble that simultaneously informs and stimulates. The title is apt: it is truly contemporary and is highly theoretical and doctrinal in character, while the interesting choice of the word handbook suggests clearly that this is a work in progress, a snapshot at a particular time of the challenging lines of individual research that each contributor to the volume is undertaking. It is a fine addition to a larger series of research handbooks in intellectual property published by Edward Elgar under the series editorship of Jeremy Phillips. . . The editors have done a fine job in presenting this material in such a clear and coherent fashion. . . this is an excellent and rewarding volume of readings that will be of interest to anyone working in the area of trademarks, whether as an academic or as a practitioner. Indeed, for the practitioner it will be of particular value, in that it contains, and opens up, many areas of inquiry that may not always be apparent when working at the coalface of a particular problem. . . For both kinds of readers, the real value of the volume is to have so many different kinds of perspectives brought together within the space of a single volume. . . this is a handsome production: the publishers and editors are to be commended on the clarity and cleanness of the typeface and headings, the thoroughness of the index, and the accuracy of their proof reading. It has also been given a striking and evocative cover. Sam Ricketson, University of Melbourne Law School Australia, European Intellectual Property Review Trademark Law and Theory is a first-rate exploration of the issues that will dominate trademark law in the 21st century. Authors from five continents provide a truly global perspective on the present and future of trademark law. An exceptional collection of contributors and contributions. Robert Denicola, University of Nebraska, US This compendium is an excellent source of writing on all aspects of trademark law and practice by experts from Europe, the United States, South Africa, Singapore, New Zealand and Australia. It will be a stimulating read for lawyers, academics, students and policymakers alike on the present and developing trends in law and policy relating to trademarks as marketing tools and cultural artefacts. The editors deserve congratulation on their concept for the book and their judicious selection of material. David Vaver, University of Oxford, UK All students, young and older, in the burgeoni
Author: Douglas E. Ray,Calvin William Sharpe,Galen J. Roush,Robert N. Strassfeld
View: 2667This Understanding treatise examines the multifaceted and complex law of private-sector Labor Law. Because Understanding Labor Law focuses on relations between management and labor in the private sector, it deals primarily with the National Labor Relations Act, as amended, and its interpretation and application by the federal courts and the National Labor Relations Board. The book is organized in a format that is consistent with the organization of most Labor Law courses. At the end of each chapter is a section titled "Chapter Highlights," summarizing some of the major doctrines discussed in the chapter. This eBook features links to Lexis Advance for further legal research options.
Author: Mark C. Weber
View: 6230Understanding Disability Law discusses important statutory and constitutional issues relating to disability discrimination. It is designed to help students in Disability Law courses synthesize and apply the materials they are learning. It is also designed to function as a compact treatise for practicing lawyers and others looking for an analysis of the Fourteenth Amendment, the Americans with Disabilities Act, section 504 of the Rehabilitation Act, the Individuals with Disabilities Education Act, the Fair Housing Act Amendments, and other laws, as they relate to controversial issues of disability rights. The book discusses the leading cases on each of the major topics of disability law, and suggests ways of thinking about unresolved questions and debates over legal policy. Understanding Disability Law includes detailed coverage of: • Constitutional law bearing on disability discrimination; • The controversy over who is a person with a disability for purposes of federal statutes; • Employment discrimination rights and remedies; • Educational discrimination, including special education law and higher education for students with disabilities; • Discrimination in public accommodations; • Discrimination by federal, state, and local governments; and • Other topics, including disability discrimination related to housing, transportation, and telecommunications.
Legal Care for Your Business & Product Name
Author: Stephen Fishman
Category: Business & Economics
View: 578A complete guide for small businesses and startups on how to choose a business name, how to register for nationwide protection of a trademark, how to secure a domain name, and how to deal with infringing use by others.
Author: Gary Myers
Publisher: West Academic Publishing
View: 6797Intellectual property has helped define our culture, our economy, and our lifestyle. This book provides a comprehensive survey of the entire field of intellectual property, including copyrights, patents, trademarks, trade secrets, unfair competition, and the right of publicity. It is designed to be reader-friendly and is up-to-date through October 2016, including many new important Supreme Court decisions in copyright, patent, and trademark law. It can be a study guide for an intellectual property survey course or used as a useful introduction or refresher for anyone interested in the field. The book focuses primarily on three main federal intellectual property rights - copyrights, patents, and trademarks - along with the new federal trade secret law and important areas of state law protection (such as the right of publicity).