Patent and trademark office as well as before the french national institute of. However, some trade practices are unfair and illegal. Sources and nature of trademark rights 3 the trademark cases 3 hanover star milling co. Cases and materials fifth edition 2016 supplement jane c. One concept is the wrong of confusing customers about the source of origin of goods or services. Antiunfair competition law and antitrust law cadmus eui. One is that, under continental laws, rules against unfair competition relate to a. Unfair competition law the harrison firm pc franchise. A trademark is a brand name that is used or intended to be used to identify a source of goods or services, and to distinguish the source from others.
Trademark and unfair competition law will be taught completely online via zoom this semester, augmented by information on the blackboard website. This casebook presents the basic principles of trademark and unfair competition law and procedure, including expert legal analysis. Trademark infringement and unfair competition ing the same mark are from the same source. For example, false advertising used to be considered and referred to as unfair competition, but now it has a special name of its own. Case selection is made with an eye toward holding student interest. Included within the scope of unfair competition is trademark and trade dress infringement, false advertising, trade libel, misappropriation. This book is a product of our decades of law school teaching. California state antitrust and unfair competition law. View a sample of this title using the readnow feature.
Jan kabel en frauke henning bodewig, should the objectives. Trademarks and unfair competition university of alabama. The last chapter will focus on trademark law as a tool of protection against unfair competition in ukraine. Trademark and unfair competition law, 7 t h edition west, 2012. Trademarks, copyrights and unfair competition kramer levin. Restatement third unfair competition section 1 an actor who causes harm to another merely by engaging in a business or trade is not subject to liability regardless of motive. Restatement of the law third, unfair competition 107 board of supervisors for louisiana state university agricultural and mechanical college v. Trade secretsunfair competitionnoncompetes attorneys. Noncompetition, confidentiality and nonsolicitation agreements unfair competition and misappropriation of trade secrets investigation of theft of proprietary information. Introduction adversarial disputes regarding trademark rightswhether styled as actions for trademark infringement, trademark dilution, unfair competition, or unfair and deceptive trade practicescan often be complex, timeconsuming, and expensive. With the rise of internet marketing and ecommerce around the world, international and crossborder.
Trademark and unfair competition conflicts historical. 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. Law and policy, second edition, continues to feature a complete, balanced, and teachable approach to the trademarks and unfair competition course. Trademark and unfair competition law boston college. The courts view of what constitutes appropriate business conduct and what constitutes unfair competition shifts with time. It consists of a body of related doctrines that gives rise to several different causes of actions, including 1 actions for infringement of patents, trademarks, or s. A trademark is sufficiently distinctive to be diluted by a nonconfusing use if the mark retains its source significance when encountered outside the context of the goods or services with which the mark is used by the trademark owner. Unfair competition law is concerned with fair play in commerce. The law of unfair competition and trademarks, with chapters on goodwill, trade secrets, defamation of competitors and their goods, registration of trademarks under the federal trademark act, price cutting, etc by nims, harry d. Students and instructors alike will welcome the new edition of this highly accessible and engaging casebook.
Presents new insight in the importance of unfair competition law, especially in countries with a developing market economy. Trademarks and unfair competition deskbook, eighth edition 97815226170. Trademarks and unfair competition deskbook, eighth. Lookalike trade marks competition is fine but unfair. She was the editorinchief of california antitrust law 1st ed. 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. Trademark and unfair competition conflicts by tim w. Commercial conduct which the law views as unjust, giving rise to a civil claim by those who have been injured by the conduct. We also help them develop and manage worldwide ip portfolios, develop terms and logos as trademarks andor service marks, negotiate licensing agreements, and assert and defend infringement and unfair competition claims in u. From this it follows that confusion as to the origin of goods does not necessarily have reference to the actual source or to the identity of the manufacturer.
A trademark may be a word, phrase, symbol or design, or a combination of these. Particular attention will be paid as to the legal problems in the area of trademark protection and the ways of remedy such problems. Unfair competition means any fraudulent, deceptive, or dishonest trade practice that is prohibited by statute, regulation, or the common law. Janklow professor of literary and artistic property law columbia law school jessica litman john f.
The trademarks and unfair competition class meets weekly at the university of baltimore school of law in room 1002 on mondays from 4. Trademarks and unfair competition deskbook lexisnexis store. It generally is thought to encompass two separate concepts. District court for the middle district of florida issued one of the first substantive opinions concerning claims brought under the new defend trade secrets act dtsa. Sunshine sauce infringement of trademark and unfair competition. Historically, unfair competition did some trademark work. Nonconventional types of trademarks include colors, fragrances, and sounds. There is no part of the law which is more plastic than unfair competition, and what was not recognized an actionable wrong twentyfive years ago may have become one today. Alabama law provides a toprate education at an affordable cost in a supportive and diverse environment. Contents preface xxiii part i foundations and purposes of trademark and unfair competition law 1 introduction to trademark and unfair 1 competition law 3 a. The book lays a solid foundation covering the basics of obtaining trademark rights, federal trademark registration practice, trademark infringement, defenses, and remedies.
Thoroughly updated to reflect recent developments, trademarks and unfair competition. The trademarks and unfair competition deskbook, ninth edition provides practitioners of trademark and unfair competition law an organized guide to the decisions, legislation, treatises, and commentary, a delineation of the principal questions and problems to be expected, and an uptodate synthesis of the current and developing law. 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. Lookalike trade marks competition is fine but unfair competition is not dr stephen james writes again for ward trade marks. In this groundbreaking work, tim dornis who, in addition to his scholarly pursuits, has worked as an attorney, a public prosecutor, and a judge, giving him experience in both civil and commonlaw jurisdictions presents the historicalcomparative, doctrinal, and economic aspects of trademark and unfair competition conflicts law. Patent, copyright, trademark, unfair competition, selected. Law and policy, fourth edition aspen casebook series 9781454827825. Law against unfair competition towards a new paradigm in. She is an officer of the california state bar antitrust and unfair competition law section. Attendance and participation we expect students to attend class. 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.
Unfair competition law is a broad legal concept that is used both by laypersons and courts often without clear definition. Stephen is a past president of citma, and a leading practitioner with almost 40 years experience in uk and eu trade mark law. The dtsa, which became effective on may, 11, 2016, expanded the. Of particular interest this time is a legislative initiative by the ohim regarding an accelerated procedure for registering community trademarks. Appendix a lanham trademark act of 1946, as amended through february 1, 2016 and codi. International and comparative law of trade marks, designs and unfair competition lwm28 trade marks and other distinctive signs act as a valuable tool in a competitive economy by denoting links between products and their sources. Fordham intellectual property, media and entertainment law. A good example for this development is the situation in belgium where. For more than 140 years, the university of alabama school of law has produced attorneys who become leaders locally, nationally and globally. Handouts in class periodically guidelines and requirements a.
State trademark and unfair competition law by the united states trademark association clark boardman company, ltd. In the field of state trademark and unfair competition law, to my knowl. Intellectual property, unfair competition and publicity. The european directive 200529ec on unfair commercial practices of may 11. Unfair competition covers a wide range of unlawful, unfair, deceptive or fraudulent acts. Zoom videoconferences will be held at regular class times. 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. Table of contents for trademarks and unfair competition. We will also supplement the material in the case book with judicial decisions, government reports, articles, and other sources. We pay great attention to the relationship of trademark and unfair competition law with the other areas of intellectual property law. Grading the grade for the class will be based on a final exam, which will most likely be some kind of takehome exam.