The latest edition of this popular casebook includes full coverage of the principles surrounding trademark acquisiton and registration under federal law, as well as infringement and dilution issues. Novel issues involving trademark usage in the on-line context are treated in depth. The book also deals with competitor false advertsing remedies under the Lanham Act and public enforcement of prohibitions against unfair and deceptive practices by the Federal Trade Commission. Case selection has been made with an eye towards holding student interest and provocative notes and questions make the book highly teachable.

The many strands of trademark and unfair competition doctrine are organized into a coherent conceptual framework consisting of a brief examination of foundational concepts, followed by thorough treatments of the law on (1) the creation of trademark rights; and (2) the scope & enforcement of trademark rights and some related causes of action. The traditional case-and-note format is enhanced by problems that help students understand intricate key topics. Trademarks and Unfair Competition features many issues related to online commerce, such as cybersquatting, keyword advertising, the relationship between trademarks and domain names, and the potential secondary liability of online auction websites such as eBay. International as well as domestic issues are thoroughly explored. Comprehensive coverage of trade dress protection is integrated with issues of word mark protection. New to the 5th Edition: the Tam and Brunetti decisions striking down the scandalousness and disparagement bars to registration extensive coverage of recent case developments on expressive uses of marks in political and artistic contexts the Belmora decision on well-known marks and developments on extraterritorial application of the Lanham Act Key Features: coherent conceptual framework clearly delineating creation of rights and enforcement of rights issues traditional case-and-note format, enhanced by problems thorough coverage of trademark issues arising in online commerce integrated coverage of international and domestic doctrine thorough treatment of trade dress protection, integrated with issues of word mark protection

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.