Trademarks, Unfair Competition, and Business Torts

Author: Barton Beebe,Thomas Cotter,Mark Lemley,Peter Menell,Robert Merges

Publisher: Wolters Kluwer Law & Business

ISBN: 1454824107

Category: Law

Page: 912

View: 2824

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Incorporating seminal and cutting-edge cases and materials, this stellar author team delivers broad coverage of trademarks, unfair competition, and business torts that includes detailed attention to the role of technology, along with practice problems that encourage students to think like practitioners. Ideal for courses on Trademark Law, Unfair Competition, or Business Torts, this casebook features: a broad examination of current trademark and unfair competition law outstanding coverage of false advertising law extensive treatment of the "hot news" doctrine (misappropriation), including the most recent cases a thoughtful survey of business torts, including cases that address tortious interference, trade libel, and related torts such as RICO dynamic pedagogy that spans cutting-edge cases and materials, notes, questions, and hands-on practice problems

Matthew Bender Practice Guide: California Unfair Competition and Business Torts

Author: Conrad Rushing,Bruce Simon,Elia Weinbach

Publisher: LexisNexis

ISBN: 1579118666

Category: Law

Page: 1106

View: 8932

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From identifying actionable unfair competition and selecting remedies for fraud claims to defending against cyber squatting and trademark infringement, Matthew Bender Practice Guide: California Unfair Competition and Business Torts provides comprehensive and practical coverage of the Unfair Competition Law (B&P § 17200) and frequently litigated business torts. The task-based format provides clear guidance and practice tips from expert California practitioners, including strategic points, warnings, and traps on all relevant topics involving: • Unfair Competition • False/Misleading Advertising • Fraud • Antitrust • Interference With Economic Relationships • Misappropriation/Conversion • Trade Secrets • Commercial Defamation • Trademark/Cybersquatting Other features include checklists, highlighted elements for each cause of action, and extensive forms, including sample complaints. This indispensable Practice Guide is integrated with the LexisNexis Total Research System to provide easy access to relevant online resources, including public records, Matthew Bender Practice Guide series for California, Matthew Bender analytical materials, California and national news sources, and more. Matthew Bender Practice Guide: California Unfair Competition and Business Torts provides expert analysis and guidance for total research support on the topic. Matthew Bender California Practice Guides: The Fresh New Perspective in California Research Matthew Bender California Practice Guides redefine what first-class research support is all about. These peerless dual media tools combine the convenience of the printed word with the reach of online access to help you work smarter and faster - and get more of what you're searching for easier. With each Practice Guide, expert task-oriented analyses are just the beginning. Checklists, practice tips, examples, explanatory notes, forms, cross-referencing to other Practice Guides and online linking to Matthew Bender's vast suite of publications all combine to deliver the fast, full and confident understanding you seek. Featuring more of what you're looking for in a comprehensive research system - a task-based format, thorough yet concise content, citable expert insight, twice-a-year updating, a superior print/online interface, sample searches and so much more - Matthew Bender California Practice Guides will help lift your efforts to a whole new level of success.

The Law of Passing-off

Unfair Competition by Misrepresentation

Author: Christopher Wadlow

Publisher: Sweet & Maxwell

ISBN: 0414042328

Category: Business names

Page: 952

View: 1275

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The Handbook of ICC Arbitration is a user-friendly introduction to the rules of the ICC for established practitioners and those approaching international arbitration for the first time. In addition to presenting the ideal sourcebook more in-depth research and information. This supplement is essential reading as it will reflect and annotate the revised ICC Rules as adopted. It will reveal case law developments, and update the most relevant case law from the state courts and ICC arbitral tribunals.

Trade Secrets and Employee Mobility

In Search of an Equilibrium

Author: Magdalena Kolasa

Publisher: Cambridge University Press

ISBN: 1108424228

Category: Business & Economics

Page: N.A

View: 2616

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A comparative analysis of trade secrets enforcement against ex-employees in the EU and USA, aimed at legislators and practitioners.

The Law of Business Torts and Unfair Competition

Cases, Materials, and Problems

Author: Colin Marks,Douglas Moll

Publisher: West Academic Publishing

ISBN: 9780314277862

Category:

Page: 895

View: 8734

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This is the first book to comprehensively integrate business torts (also known as economic torts) and unfair competition actions. The book covers all of the major tort causes of action that one might see in a commercial litigation practice, including the economic loss rule, fraud, negligent misrepresentation, tortious interference with contract and prospective contract, breach of fiduciary duty, insurance torts, breach of the duty of good faith, deceptive marketing, commercial disparagement, misappropriation, trade secrets, trademark infringement, antitrust, and civil RICO. The book also covers important state, federal, and model statutes, including the Second and Third Restatement of Torts, the Third Restatement of Unfair Competition, the Lanham Act, and the Uniform Trade Secrets Act. The authors have included numerous questions and problems to further students' thinking on more complex topics. The comprehensive Teacher's Manual answers every question and problem contained in the book.

Trademarks and Unfair Competition

Law and Policy

Author: Graeme B. Dinwoodie,Mark D. Janis

Publisher: Wolters Kluwer Law & Business

ISBN: 1543803024

Category: Law

Page: 1080

View: 1329

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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; 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

Statutory Supplement to Business Torts

Cases and Materials

Author: Colin Marks,Douglas Moll

Publisher: West Academic Publishing

ISBN: 9781634605137

Category:

Page: 488

View: 9204

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This supplement includes all of the Restatement provisions, uniform acts, and statutes needed for the casebook, The Law of Business Torts and Unfair Competition: Cases, Materials, and Problems (2016), by Professors Colin Marks and Douglas Moll. Among other provisions, the supplement includes material from the Second and Third Restatement of Torts, the Third Restatement of Unfair Competition, the Lanham Act, and the Uniform Trade Secrets Act.

Intellectual Property Deskbook for the Business Lawyer

A Transactions-based Guide to Intellectual Property Law

Author: Sharon K. Sandeen

Publisher: American Bar Association

ISBN: 9781590316801

Category: Law

Page: 251

View: 1733

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The Intellectual Property Deskbook is intended to serve as the business lawyer's starting point for issue identification, perspective, and resources in dealing with intellectual property issues and assets, whether in the context of structuring and consummating transactions or in the day-to-day counseling of clients. It is specifically designed to become the go-to reference for beginning the analysis, refreshing the memory, or seeking direction for in depth research on the wide range of IP-related issues.

Protection Against Unfair Competition

Analysis of the Present World Situation

Author: N.A

Publisher: WIPO

ISBN: 9789280504842

Category: Law

Page: 88

View: 8490

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The publication gives useful information on the legal and practical aspects of protection against unfair competition. It shows how such protection effectively supplements the protection of industrial property rights. The publication includes chapters on the legal basis for protection against unfair competition, the kinds of unfair competition and the enforcement of such protection. The annex lists legislative texts concerning protection against unfair competition in some 50 countries and four regional organizations.

Intellectual Property Law for Engineers and Scientists

Author: Howard B. Rockman

Publisher: John Wiley & Sons

ISBN: 9780471697398

Category: Law

Page: 511

View: 9182

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An 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.

Trademark and Unfair Competition Law

Author: Graeme B. Dinwoodie,Mark D. Janis

Publisher: Edward Elgar Pub

ISBN: 9781848442375

Category: Law

Page: 1744

View: 6428

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This comprehensive two-volume 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. These essential volumes, with a new and original introduction by two leading contemporary writers, are organised in a way that highlights essential concepts and will be invaluable both for those taking their first steps in the area and for those seeking to re-acquaint themselves with the classics.

Trademarks and Unfair Competition

Author: David C. Hilliard,Joseph Nye Welch II,Uli Widmaier

Publisher: LexisNexis

ISBN: 0327177462

Category: Law

Page: 1206

View: 6785

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This widely used casebook, cited by the Supreme Court in its Moseley v. V Secret Catalogue decision on trademark dilution, is authored by three of the nation's preeminent trademark practitioners and teachers. Constitutional issues--pertaining to the Commerce Clause, the Patent and Copyright Clause, the Supremacy Clause, and the First Amendment--are reshaping modern trademark law, have been outcome-determinative in many high-profile cases, and are fueling extremely influential debates in academic literature. Thus, the Seventh Edition of Trademarks and Unfair Competition has a newly enhanced focus on examining trademark law's place in the constitutional scheme. An entirely new chapter is devoted to the question of trademark law's interaction with the First Amendment. Throughout the casebook, great attention is paid to the constitutional and practical relationship of trademark law with other areas of intellectual property law. The casebook provides an in-depth presentation and analysis of the principal questions and problems in trademark law today, and a synthesis of the current and developing law. The organization provides students with a foundation in the historical and normative principles that have been governed and continue to govern trademark law's evolution, before progressively exposing them to more sophisticated and specific problems. Each section begins with an introductory overview followed by tightly edited cases and a summary of the issues, with analysis through notes and other secondary textual materials. Features of this new edition include: • A new chapter on Freedom of Speech and the Law of Trademarks and Unfair Competition; • The sea change in federal dilution law caused by the Trademark Dilution Reversion Act of 2006 and the cases interpreting it; • An in-depth analysis of the new and controversial issues centered on search engines, sponsored advertising, keywords, trademark use and initial interest confusion, and the trademark and constitutional principles that underpin this contentious debate in the courts and among scholars; • The continuing evolution of the law of fair use and nominative fair use after the Supreme Court's decision in KP Permanent Make-Up v. Lasting Impression I, and the normative impact of free speech considerations; and • The interaction of trade dress, design patent, copyright, and their respective constitutional foundations, as discussed in the Supreme Court's Twentieth Century Fox v. Dastar and Samara v. Wal-Mart and TrafFix Devices v. Marketing Displays decisions and by the lower courts in their aftermath. The Documentary Supplement for Trademarks and Unfair Competition contains the following updated material: • Rules of Practice of the U.S. Patent and Trademark Office; • ICANN Uniform Domain Name Dispute Resolution Policy; • NAD / CARU / NARB Procedures; • Sample (Illinois) Right of Publicity Statute; • Trademark Law Treaty and Regulations; • Protocol Relating to the Madrid Agreement; • Paris Convention for the Protection of Industrial Property; and • Agreement on Trade-Related Aspects of Intellectual Property.

Comparative Patent Remedies

A Legal and Economic Analysis

Author: Thomas F. Cotter

Publisher: Oxford University Press

ISBN: 0199840652

Category: Law

Page: 452

View: 8588

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In Comparative Patent Remedies, Thomas Cotter provides a critical and comparative analysis of patent enforcement in the United States and other major patent systems, including the European Union, Japan, Canada, Australia, China, South Korea, Taiwan, and India.

Trademarks, unfair competition and copyrights

recent developments and other selected issues : ALI-ABA course of study materials

Author: American Law Institute-American Bar Association Committee on Continuing Professional Education

Publisher: N.A

ISBN: N.A

Category: Law

Page: 342

View: 6935

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Intellectual Property

Patents, Trademarks, and Copyright in a Nutshell

Author: Arthur Raphael Miller,Michael H. Davis

Publisher: West Academic

ISBN: 9780314278340

Category: Law

Page: 473

View: 1882

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Authors Michael Davis and famed Harvard professor Arthur Miller provide authoritative coverage on the foundations of patent protection, patentability, and the patenting process. Presents the fundamentals of trademarks and copyright laws. Text further addresses torts and property, antitrust and government regulation, concepts of federalism and state, and federal conflicts.

State trademark and unfair competition law

Author: Miles J. Alexander,United States Trademark Association

Publisher: N.A

ISBN: N.A

Category: Law

Page: N.A

View: 2927

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This looseleaf volume provides guidance on the law, principles, procedure and special considerations in all 50 states and Puerto Rico. Each section in the text serves as a checklist of all the steps to consider in the particular state covered, and the trademark registration statutes of each state are included.

Intellectual Property at the Edge

The Contested Contours of IP

Author: Rochelle Cooper Dreyfuss,Jane C. Ginsburg

Publisher: Cambridge University Press

ISBN: 1139916416

Category: Law

Page: N.A

View: 8298

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Intellectual Property at the Edge addresses both newly formed intellectual property rights and those which have lurked on the fringes, unadmitted to the established IP canon. It provides a basis for studying and discussing the history of these emerging rights as well as their relationship to new technological opportunities and to the changing importance of innovation and creative production in the global economy. In addition to addressing the scope of new rights, it also focuses on new limitations to patent, copyright and trademark rights that spring from similar changes. All of these developments are examined comparatively: for each new development, scholars in two jurisdictions analyse the evolving legal norm. In several instances, the first of the paired authors writes from the perspective of the legal system in which the doctrine emerged, and the second addresses its reception in her jurisdiction.