Trademark and Unfair Competition Law, Cases and Materials, 4th Edition, 2009 Supplement and Statutory Appendix
by GINSBURG JANEEdition: 4th
Format: Paperback
Pub. Date: 2009-07-30
Publisher(s): West Group
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Summary
The 2009 Supplement and Statutory Appendix to Ginsburg, Litman and Kevlin's Trademark and Unfair Competition, Cases and Materials, 4th Edition updates the casebook with information on important Supreme Court decisions, coverage of US adherence to the Madrid Protocol on international filing for trademark registration, and expanded materials on trademarks and the Internet.
Table of Contents
| Table of Cases | p. vii |
| Prelude | p. 1 |
| Top Tobacco, L.P v. North Atlantic Operating Company, Inc | p. 1 |
| Questions | p. 4 |
| Concepts of Trademarks and Unfair Competition | p. 6 |
| Competition | p. 6 |
| Questions | p. 7 |
| Trademarks | p. 7 |
| Questions | p. 8 |
| What is a Trademark? | p. 9 |
| Distinctiveness | p. 9 |
| Ownership and Use | p. 12 |
| Ownership | p. 12 |
| Question | p. 13 |
| Use | p. 13 |
| Central Mfg. Inc. v. Brett | p. 13 |
| Question | p. 20 |
| Analogous Use | p. 21 |
| Aktieselskabet AF 21. November 2001 v. Fame Jeans | p. 21 |
| Question | p. 24 |
| Extraterritorial Use | p. 24 |
| Priority | p. 24 |
| ITC Limited v. Punchgini, Inc | p. 24 |
| ITC Ltd. v. Punchgini | p. 31 |
| Questions | p. 34 |
| Registration of Trademarks | p. 36 |
| Priority, Intent to Use and Foreign Marks | p. 36 |
| Compagnie Gervais Danone v. Precision Formulations, LLC | p. 36 |
| Question | p. 38 |
| Bars to Registration | p. 38 |
| Boston Red Sox Baseball Club Limited Partnership v. Sherman | p. 38 |
| Questions | p. 43 |
| Hornby v. TJX Companies, Inc | p. 44 |
| In re Spirits International, N.V | p. 51 |
| Questions | p. 54 |
| In re Vertex Group LLC | p. 55 |
| Question | p. 58 |
| Loss of Trademark Rights | p. 59 |
| Genericism | p. 59 |
| Question | p. 59 |
| Question | p. 63 |
| Abandonment | p. 63 |
| Standard of Proof of Abandonment | p. 63 |
| Infringement | p. 68 |
| Likelihood of Confusion | p. 68 |
| Rescuecom Corp. v. Google, Inc | p. 72 |
| Questions | p. 81 |
| Secondary Liability for Trademark Infringement | p. 82 |
| Vulcan Golf, LLC v. Google Inc | p. 82 |
| Question | p. 89 |
| Statutory Defenses/Incontestability | p. 89 |
| Question | p. 89 |
| Pro Football, Inc. v. Harjo | p. 92 |
| Questions | p. 96 |
| False Designation of Origin | p. 98 |
| Section 43(a) of the Lanham Act and Unregistered Marks | p. 98 |
| Question | p. 98 |
| Trade Dress | p. 98 |
| Advertising | p. 105 |
| False Representations | p. 105 |
| Question | p. 108 |
| Dilution | p. 109 |
| Federal Dilution | p. 109 |
| Nike, Inc. v. Nikepal International, Inc | p. 109 |
| Question | p. 116 |
| 7-Eleuen, Inc. v. Wechsler | p. 116 |
| Questions | p. 121 |
| Louis Vuitton Malletier S.A. v. Haute Diggity Dog, LLC | p. 121 |
| Questions | p. 127 |
| The Hershey Company v. Art Van Furniture, Inc | p. 128 |
| Authors’ and Performers’ Rights | p. 134 |
| Authors’ and Performers’ Rights of Attribution | p. 134 |
| Right of Publicity | p. 134 |
| Question | p. 136 |
| Merchandizing | p. 137 |
| Internet Domain Names | p. 141 |
| Anticybersquatting Consumer Protection Act | p. 141 |
| Utah Lighthouse Ministry v. Foundation for Apologetic Information And Research | p. 141 |
| The Southern Company v. Dauben, Inc | p. 144 |
| Question | p. 149 |
| Question | p. 150 |
| ICANN and the Uniform Trademark Domain Name Dispute Resolution Policy | p. 151 |
| Trademarks as Speech | p. 159 |
| Parody | p. 159 |
| Question | p. 164 |
| Trademarks as Speech | p. 164 |
| Question | p. 164 |
| E.S.S. Entertainment 2000, Inc. v. Rock Star Videos, Inc | p. 166 |
| Questions | p. 171 |
| Remedies | p. 173 |
| Monetary Relief | p. 175 |
| Trademark Counterfeiting | p. 175 |
| Question | p. 175 |
| Lorillard Tobacco Co., Inc. v.A&E Oil, Inc | p. 175 |
| Question | p. 178 |
| Border Control Measures | p. 178 |
| Appendices | |
| Lanham Trademark Act of 1946, as Amended and codified in Chapter 22 of Title 15 of the United States Code | p. 179 |
| Restatement of the Law (Third) of Unfair Competition, 1, 9, 13, 16-17, 20-27 | p. 238 |
| Trademark Manual of Examining Procedure (5th Edition 2007) (Excerpts) | p. 244 |
| Uniform Domain Name Dispute Resolution Policy | p. 284 |
| Paris Convention for the Protection of Industrial Property (excerpts) | p. 289 |
| Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) (excerpts) | p. 301 |
| North American Free Trade Agreement (excerpts) | p. 310 |
| Table of Contents provided by Ingram. All Rights Reserved. |
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