Mastering Trademark and Unfair Competition Law

Mastering Trademark and Unfair Competition Law
Author: Lars S. Smith
Publisher:
Total Pages: 0
Release: 2013
Genre: Trademarks
ISBN: 9781594604492

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Mastering Trademark and Unfair Competition Law provides a clear and concise presentation of the basic principles underlying and the challenges facing a student or practitioner of trademark law in a digital age. This book traces the evolution of trademark law from its origin as a common law tort of unfair competition and associated common law trademark rights, to the most recent amendments to the federal Lanham Trademark Act. The book lays a solid foundation covering the basics of obtaining trademark and trade dress rights; federal trademark registration practice, including a discussion of practice before the TTAB; trademark infringement; defenses; and remedies. Mastering Trademark and Unfair Competition Law also has extensive coverage of the dilution of famous trademarks. Mastering Trademark and Unfair Competition Law thoroughly discusses all of the elements of the modern trademark practice. It has extensive discussions of new technologies such as Internet domain names, web pages, keyword advertising, virtual worlds, and computer games, as well as how trademark law has responded to the challenges presented by new forms of trademark use. There are chapters on cybersquatting under the Uniform Domain Name Resolution Policy (UDRP) and international trademark law including review of treaties such as the Paris Convention and the Madrid Protocol. The goal of this book is to ground the reader in the law, policies, and theories of trademark law so that the reader can better understand the legal and economic role of trademarks and brands in a modern economy.

Trademarks and Unfair Competition

Trademarks and Unfair Competition
Author: Graeme B. Dinwoodie
Publisher: Aspen Publishers
Total Pages: 0
Release: 2014
Genre: Competition, Unfair
ISBN: 9781454827825

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Features: Organizes the many strands of trademark and unfair competition doctrine around a coherent conceptual framework. The clear structure is divided into three parts: foundation and purposes, creation, and scope and& enforcement Traditional case-and-note format, enhanced by summarizing problems that help students better understand the intricacies of key topics. Features numerous Internet-related trademark issues, such as cybersquatting, keyword advertising, and domain name disputes. Also addresses the relationship between trademarks and domain name, and the potential secondary liability of online auction websites such as eBay Integrates international trademark issues with domestic issues Thoroughly treats trade dress protection, integrated with issues of word mark protection New to the Fourth Edition: The Second Circuit's important decision in Louboutin v. YSL Important new appellate decisions on functionality, including the Federal Circuit's Becton Dickinson opinion and the decision of the Seventh Circuit in Franco and Sons The Fourth Circuit's decision in Rosetta Stone on trademark liability for keyword advertising The Eleventh Circuit's University of Alabama opinion on First Amendment limitations on the scope of trademark rights Cases exploring trademark fair use, including the DELICIOUS shoes case and the Tabari case on nominative fair use in connection with domain names New applications of the trademark dilution and anti-cybersquatting provisions New cases on remedies

Trademark and Unfair Competition Conflicts

Trademark and Unfair Competition Conflicts
Author: Tim W. Dornis
Publisher: Cambridge University Press
Total Pages: 699
Release: 2017-02-23
Genre: Law
ISBN: 1107155061

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This book will be of interest for all jurists doing research and working practically in intellectual property law and international economic law. It should be an element of the base stock for every law school library and specialized law firm. This title is available as Open Access.

Unfair Competition Law

Unfair Competition Law
Author: Frauke Henning-Bodewig
Publisher: Kluwer Law International B.V.
Total Pages: 274
Release: 2006-01-01
Genre: Law
ISBN: 9041123296

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The book delineates, with extraordinary clarity and precision, the working of unfair competition law throughout the European Union. Its four comprehensive chapters encompass: basic considerations of definition, subject matter, enforcement, and applicable law: international provisions under the Paris convention, TRIPS, and WIPO model law; analysis of relevant EC directives and regulations and ECJ jurisprudence; and extensive discussions of the national unfair competition laws of all 25 Member States. For each Member State, specific topics covered include such considerations as the following: sources of law; competition law in a nutshell; regulation of advertising; direct marketing; sales promotion; risk of confusion; disparagement, defamation; misappropriation, imitation; impediment of competitors; and breach of the law. The author also provides a selected bibliography of sources for each country. It would be difficult to find a more useful analysis of European Unfair Competition Law than this systematic study. It is practical, thorough, clarifying, and readable, all at the same time. The author untangles the most complex of apparent contradictions with impressive skill. Copies of this book will quickly take their places on the working shelves of interested practitioners, academics, and officials throughout Europe.

Law Against Unfair Competition

Law Against Unfair Competition
Author: Reto Hilty
Publisher: Springer Science & Business Media
Total Pages: 274
Release: 2007-07-28
Genre: Law
ISBN: 3540718826

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This book examines the present state of harmonization of unfair competition law in Europe. It discusses the particular approach to unfair competition law in the 10 new Member States and the possible impact on the future development of European unfair competition law. The book presents new insight in the importance of unfair competition law, especially in countries with a developing market economy.

United States Competition Law with respect to Unfair Trade Practices

United States Competition Law with respect to Unfair Trade Practices
Author: Philipp Rosenauer
Publisher: GRIN Verlag
Total Pages: 38
Release: 2011-05-23
Genre: Business & Economics
ISBN: 3640922786

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Bachelor Thesis from the year 2010 in the subject Business economics - Law, grade: 1, University of Linz, course: Bachelorseminar, language: English, abstract: According to Black’s Law dictionary, competition is the struggle for commercial advantage. The efforts taken of companies to achieve the respective commercial advantages can be – especially in a free market economy – ample. Let's illustrate this fact by the following examples: Suppose that a automobile manufacturer, incensed by a car magazine’s constant ridicule of its cars, launches a rival magazine with a similar name and layout, copies the other paper's stories,lures away the employees, advertisers and subscribers of the other magazine by offering them higher wages and lower advertising and subscribing rates and finally succeeds in running its critical opponent out of business. Has the automobile manufacturer engaged in any unfair trade practices for which the owners of the car magazine may seek legal remedy? Or has the manufacturer acted in a permissible way to the magazine’s attack? Furthermore, could the magazine be said to have engaged in an unfair trade practice by permanently ridiculing the cars and its manufacturer2? How can a merger between two or more businesses which are on the same market level and which manufacture similar products in the same geographic region influence consumers? What if two competitors agree in the artificial setting of prices at a certain level, contrary to the workings of the free market? Do consumers have legal remedies against companies who engage in false advertising or who distribute faulty and dangerous goods? The body of law which deals with these subjects is known as competition law, which can broadly be divided into Consumer Protection Law and unfair trade practices on the one hand and antitrust-law on the other hand. The bachelor thesis at hand takes the reader to a journey through competition law with a special insight into Unfair Trade Practices. After the study of the bachelor thesis the respective reader should be able to generally orientate him- or herself in this highly practice-oriented field of law.

Competition Law Analysis of Price and Non-price Discrimination & Abusive IP Based Legal Proceedings

Competition Law Analysis of Price and Non-price Discrimination & Abusive IP Based Legal Proceedings
Author: Pierre Kobel
Publisher: Springer Nature
Total Pages: 505
Release: 2021-03-29
Genre: Law
ISBN: 3030557650

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This book gathers national and international reports from around the globe on key issues in the field of antitrust and intellectual property. Its first part discusses to what extent competition law should be concerned with differences in prices, terms and conditions, or quality that suppliers offer different purchasers. A detailed international report explores the major trends and challenges in this field and provides an excellent comparative study on this complex and challenging subject. In turn, the second part examines whether there should be legal restrictions on the ability of persons who claim, without sufficient justification, to hold IP rights that have been infringed on, to bring, or to threaten to bring, legal proceedings based on such claims against their competitors or others. In this regard, the book brings together the current legal responses across a number of European countries and elsewhere in the world, all summarised and elaborated on in an international report. The book also includes the resolutions passed by the General Assembly of the International League of Competition Law (LIDC) following debates on each of these topics, which include proposed solutions and recommendations. The LIDC is a long-standing international association that focuses on the interface between competition law and intellectual property law, including unfair competition issues.

International Handbook on Unfair Competition

International Handbook on Unfair Competition
Author: Frauke Henning-Bodewig
Publisher: Beck/Hart
Total Pages: 600
Release: 2013-01-03
Genre: Law
ISBN: 9781849463683

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Written by a worldwide team of experts, this new work surveys and comments on the unfair competition laws of the world's leading economic powers. Following a standard pattern, each chapter introduces the reader to the latest developments in each jurisdiction, highlighting the ways in which the basic legislation and case law relates to enforcement issues, and how unfair competition laws fit with wider considerations of consumer protection and within prevailing intellectual property and competition law frameworks. Each of the country reports follows the same standard structure: I. Background and General Approach to Unfair Competition Law. II. Legal Basis of Unfair Competition Law and Relations to Neighbouring Areas of Law III. General Considerations IV. General Clause Against Unfair Competition V. Marketing V. Protection of Competitors Against Unfair Trade Practices VI. Specific Protection of Consumers Against Unfair Trade Practices VII. Enforcement Country Reports § 1 Australia § 2 Austria § 3 Brazil § 4 Canada § 5 China § 6 France § 7 Germany § 8 Hungary § 9 India § 10 Italy § 11 Japan § 12 Lithuania § 13 Netherlands § 14 Poland § 15 Spain § 16 South Africa § 17 Sweden § 18 Switzerland § 19 Turkey § 20 UK § 21 USA