Webvertisingunfair Competition And Trademarks On The Internet

Deals with the growing interest in the Internet as a marketing tool. A company wanting to present its services on the net and wishing to avoid legal exposure must deal with many questions. This text aims to give answers to these questions, reducing the risk of advertisers facing litigation.

This casebook presents the basic principles of Trademark and Unfair Competition law and procedure, including expert legal analysis. It devotes separate chapters to acquisition of trademark rights; registration of trademarks; loss of trademark rights; infringement of trademarks, including a distinct section on defenses to infringement. The materials on 43(a) highlight both trade dress cases and false advertising cases. The Fourth Edition also amplifies the materials on the relationship of trademarks and freedom of expression. The Fourth Edition brings this casebook up-to-date, including recent cases and legislation, such as the 2006 Trademark Dilution Revision Act. Several chapters have been reorganized, among other things, to take into account the impact of the Internet on almost every aspect of trademark law. The Fourth Edition also emphasizes the international dimension of trademarks by interweaving throughout the book cases and materials addressing problems of extraterritoriality, rather than confining them to a concluding chapter.

This new edition reflects the phenomenal growth in the scope and significance of trademark and unfair competition law sparked by e-commerce and the Internet. This casebook provides an organized, practical guide to the opinions, treatises and commentary, a delineation of the principal questions and problems to be expected, and a synthesis of the current and developing law. The organization provides an historical and fundamental foundation in principles before progressively moving to the more sophisticated 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.

Privilege to Compete; Obtaining Trademark Rights; Types of Trademarks; Shape, Color and Trade Dress; Trademark Infringement; Dilution; Permissible Uses of Another's Mark; Copyrightable Subject Matter; Publication; Copyright Formalities; Joint Works and Works Made for Hire; Rights of Copyright Owners; Copyright Infringement; Fair Use; Misappropriation Doctrine; Right of Publicity; Preemption of State Law; Types of Patents; Patent-Eligible Subject Matter; Novelty; Statutory Bar; Non-Obviousness; Utility; Patent Application Procedure; Patent Infringement; Trade Secret Law; State False Advertising and Disparagement Law; Lanham Act Claims for False Advertising and Disparagement; F.T.C. Unfairness Doctrine; F.T.C. Deception Doctrine; Advertising Substantiation; F.T.C. Remedies; F.T.C. Rule-making; Consumer Remedies; Price Discrimination Under the Robinson-Patman Act; Harm to Primary-Line Competition; Harm to Secondary-Line Competition; Cost Justification and Meeting Competition Defenses; Advertising Allowances; Buyer Liability for Price Discrimination.

With the rise of internet marketing and e-commerce around the world, international and cross-border conflicts in trademark and unfair competition law have become increasingly important. 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 common-law jurisdictions - presents the historical-comparative, doctrinal, and economic aspects of trademark and unfair competition conflicts law. The book should be read by any scholar or practitioner interested in the international aspects of intellectual property generally, and trademark and unfair competition law specifically. This title is available as Open Access.