Trademarks and Unfair Competition: Law and Policy (Aspen Casebook Series)

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 & 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 & 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