Trademarks, barton beebe will frank class of 2011 fall semester, 2009 contents 1 introduction to trademark and unfair competition law 3. Of particular interest this time is a legislative initiative by the ohim regarding an accelerated procedure for registering community trademarks. Janklow professor of literary and artistic property law columbia law school jessica litman john f. This subject outline allows you to search for terms of art that correspond to topics you are studying to find related cali lessons. Palming off is no longer a necessary requisite of unfair competition. Trademark, copyright, entertainment and advertising. What is required is an unfair appropriation of the product of anothers labor or talent. Scope of protection of softwares internal organs under various ipr regimes and its business. Trademark owners should diligently protect their trademarks from infringement and other misuse e. Trademarks and unfair competition law school outlines. If there is a conflict between federal and state law, the federal law will often triumph because of the doctrine of preemption. Trademarks, unfair competition, and business torts, second.
This edition includes coverage of plans of the european commission to change the trade mark protection system. Trademark and unfair competition law cases and materials, sixth edition 2017 letter update jane c. Common law unfair competition trademark infringement. 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. Trademark and unfair competition conflicts by tim w. Giving away the software does not constitute not using it sold or transported in. The trademark index lists all cali lessons covering trademark. Unfair competition prevention law, together with industrial property laws such as the patent law, the utility model law, the design law, and the trademark. The draft amendments presented by the commission aim at modernizing the system for registering trade marks. The last chapter will focus on trademark law as a tool of protection against unfair competition in ukraine. 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. This course examines several areas of consumer protection law, including entry into the market, unfair and deceptive practices, interference with business relations, trade secrets, trademarks, and misappropriation. Lessons by subject outline trademark this subject outline allows you to search for terms of art that correspond to topics you are studying to find related cali lessons.
Trademark protection has existed as an important aspect of the larger body of unfair competition law. 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. Unfair competition and trademark infringement from the lectric law librarys stacks. His logo is displayed on the store front, throughout the store, and on his nonapple cheap knockoff pcs from asia.
What is the difference between trademark infringement and. Nickoll professor of law university of michigan law school. Recent developments in trademark and unfair competition law. As we go through these cases, measure the outlines of the property. We both obtain and defend against temporary restraining orders and.
The uae trademark law contains no express causes of action for what is usually referred to as trademark infringement in other jurisdictions. What does the antiunfair competition law mean for ip. English cases impose a standard of reasonableness on competitive actions. Unfair competition is the same as trademark infringement except without the requirement of the existence of an enforceable trademark. Novel issues involving trademark usage in the online context are treated in depth. Fordham intellectual property, media and entertainment law. Trademarks, copyrights and unfair competition kramer levin. The most comprehensive source of law school outlines anywhere with the only outline exchange program available. Cases and materials retains the successful features of earlier editions, but has been thoroughly updated since the last edition was published in 2007.
In a fortypage decision the court granted the cowboys and nfl properties summary judgment on all claims, finding that they had proven federal and common law trademark infringement, unfair competition, dilution and that defendant had committed fraud on the on the united states patent and trademark office. Bishop both have substantial experience in the law of trademark infringement and unfair competition. The uncertain world of trademark dilution proving that a competitors similar trademark causes actual dilution in order to obtain an injunction against it can be an expensive and timeconsuming endeavor. International and comparative intellectual property law. Particular attention will be paid as to the legal problems in the area of trademark protection and the ways of remedy such problems. The source or type of operating system on those computers is not known, but will run pctype programs. The aucl has long been relied on by businesses to restrain other parties from enjoying the fruit of their labour or fame, and causing confusion. Substantive rights that arise under state law as to trademark or service mark protection as a result of incorporating under a specific name.
Sunshine sauce infringement of trademark and unfair competition. This book traces the evolution of trademark from its origin as a common law tort of unfair competition and associated common law trademark rights to the federal lanham trademark act. Common law action for unfair competition state court recognition of common law action for unfair competition, imitation of unregistered trade names and. State trademark and unfair competition law is an exclusive inta member benefit. The new york law of unfair competition has been broadened. Intellectual property and mobile applications wipo. Law and policy, fourth edition aspen casebook series 9781454827825. State trademark and unfair competition law, together with its updates, is the most current. This law concerns not only the unauthorized use of trademarks, service marks, and trade dress, but also false advertising, trademark dilution, trademark tarnishment, palming off, unfair competition, and related offenses. 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.
With the rise of internet marketing and ecommerce around the world, international and crossborder. Use of apple trademarks may be prohibited, unless expressly authorized. The courts give a fairly broad definition of what constitutes unfair competition, with prior case law lending guidance in defining the. Aside from trademark and litigation, protections are available from acts of unfair competition and unfair trade practices, such as antitrust, federal unfair competition and false advertising under section 43a of the lanham act. In compiling the update, we have intentionally been more inclusive in some respects than in the main casebook.
We have included as full excerpts only leading cases or cases that highlight an important developing aspect of trademark and unfair competition law. The 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. Featuring an integrated approach to intellectual property, the book features a tight focus on teaching the practical aspects of trademark and unfair competition law. Organizes the many strands of trademark and unfair competition doctrine around a coherent conceptual framework. Trademark, trade dress, unfair competitionfalse advertising. Outline of the japanese unfair competition prevention law.
Intentional interference w prospective economic advantage. 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. The draft amendments presented by the commission aim at modernizing the system for registering trade marks throughout the eu, leading to. Log in or sign up to leave a comment log in sign up. Trademarks and unfair competition dinwoodie and janis 2nd edition. So, chevalier sued brown shoe for trademark infringement and unfair competition, and sought a preliminary injunction. Trademark infringement and unfair competition markham law.
Common law unfair competition is comprised of torts causing economic damages to a business through deceptive or wrongful business practices. Bars to registration pages 358366 foreign words and personal names as trademarks pages 366378 incontestability. In making the comparison to determine similarity, the question is not whether the two articles are distinguishable by their label when set side by side but whether the general confusion made by the article upon the eye of the casual purchaser who is unsuspicious and off his guard, is such as to likely result in his. In a fortypage decision the court granted the cowboys and nfl properties summary judgment on all claims, finding that they had proven federal and common law trademark infringement, unfair competition, dilution and that defendant had committed fraud on the on the united states patent and trademark. Patent and trademark office as well as before the french national institute of. Unfair competition laws have been established to protect consumers and businesses and to help prevent illegal merchandising. We both obtain and defend against temporary restraining orders and preliminary injunctions. Cases and materials fifth edition 2016 supplement jane c.
Trademark infringement 400 bad request duke university. Unfair competition, both the common law tort and the federal statute, attempts to enforce a certain level of honest practices in industrial or commercial matters. Chapter 1 concepts of trademarks and unfair competition. Examples of unfair competition trademark infringement, such as using the cocacola trademark on a soda container manufactured by a competing beverage maker, is an example of unfair competition. Apart from it there is no specific unfair competition law which would regulate this gap. It is unfair competition for one producer to pass off his goods as those of another producer by using a trademark confusingly similar to that of the other producer. I have recently expanded my practice to include the above areas. In 1978 i received my second law degree in trade regulation from the new york university school of law which encompasses the practice of trademark, patent law, and unfair competition litigation. Unfair competition, both the common law tort and the federal statute, attempt to enforce honest pratices in business. Chapter 1 introduction to trademark and unfair competition law. We now hold that this provision violates the free speech clause of the first amendment.
It is designed for use in conjunction with trademarks and unfair competition law courses, or with the trademark law unit of intellectual property survey courses. Unfair competition is a term that applies to dishonest or fraudulent rivalry in trade and commerce. Seriously, unfair competition is the creation of a false impression as to the source, origin, sponsorship or endorsement of products or services without the use of a trademark. A few states have enacted legislation dealing with specific types of unfair competition.
Uae trademark litigation 2017 a global guide by david harper. Trademark and unfair competition law cases and materials sixth edition jane c. Trademark and unfair competition law, 4th edition, jane c. International universal unification of the conflictof law regulation of crossborder unfair competition.
Generally a word, logo or package design or a combination of them, used by a manufacturer or merchant or to be used by one who has a bona fide intention to use it in commerce to identify its goods and distinguish them from others. Its a branch of intellectual property law that particularly relates to the practice of endeavoring to substitute ones own goods or products in the market for those of another for the purpose of deceiving the public. Here is yet another bulletin on trade mark and unfair competition law. Introduction to trademark and unfair competition law. Possible solutions for georgia by ketevan uridia ll. Trademark and unfair competition lawsuit filed over expired software license 14 friday jul 2017 posted by kenan farrell in district of oregon, intellectual property, litigation, oregon, trademark.
Unfair competition law is the part of tort law, therefore it becomes great burden for the holder of unregistered trademark to prove its prior rights. The ftc regulations concerning unfair competition are found in various parts of title 16 of the code of federal regulations. Each pertinent statute is broken down into basic components, and the applicable case law including citations is interwoven into each section providing for thorough coverage of any issue. Incorporating a mix of seminal and modern cases and materials, this casebook delivers broad coverage of trademarks, unfair competition, and business torts, with ample material on the role of technology. Trade dress under trademarks and unfair competition laws 14. Rather, articles 37 and 38 set out criminal offences focused on counterfeiting and imitating trademarks. Intellectual property law regulates a public good has natural law and economic incentive justifications. The patent and trademark office pto denied the application based on a provision of federal law prohibiting the registration of trademarks that may disparage. Trademark, copyright, patent and unfair competition claims. Use of the keyboard apple logo optionshiftk for commercial purposes without the prior written consent of apple may constitute trademark infringement and unfair competition in violation of federal and state laws. 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. Acquiring trademark rights trademarks outline saturday, december 08, 2012 11. T he anti unfair competition law aucl of the prc has always been regarded as a useful supplement when the specific intellectual property laws are not directly applicable or are not sufficiently effective in an intellectual property infringement dispute. These cases are frequently, and most efficiently, decided at an early stage.
Cases and problems in an intellectual property context is the most conveniently organized law school textbook on trademark law. Mastering trademark provides a presentation of the basic principles underlying and the challenges facing modern trademark law in a digital age. State courts have jurisdiction to hear all trademarks actions arising under federal law, as well as actions arising under state law. Trademarks protect consumers because without them, consumers could. We have a track record of success in bringing and defending trademark and trade dress infringement, unfair competition, and false advertising cases. Practice problems in each chapter encourage students to think like practitioners. The fifth edition of trademark and unfair competition law. Trademark and unfair competition lawsuit filed over. The fifth edition also includes the statutory appendix within the book so students will not have to pay for an additional book and they will have fewer books to carry to class. Aug, 2019 unfair competition is a term that applies to dishonest or fraudulent rivalry in trade and commerce.
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