McCarthy on Trademarks and Unfair Competition PDF Download

Author: J. Thomas McCarthy
Publisher: Clark Boardman Callaghan
ISBN:
Category : Law
Languages : en
Pages : 1186

View

Book Description

Author: Janet A. Marvel
Publisher:
ISBN: 9781522181941
Category : Competition, Unfair
Languages : en
Pages :

View

Book Description

Author: Tim W. Dornis
Publisher: Cambridge University Press
ISBN: 1107155061
Category : Law
Languages : en
Pages : 699

View

Book Description
This book will be of interest for all jurists doing research and working practically in intellectual property law and international economic law. It should be an element of the base stock for every law school library and specialized law firm. This title is available as Open Access.

Author: Graeme B. Dinwoodie
Publisher:
ISBN: 9781848442375
Category : Competition, Unfair
Languages : en
Pages : 0

View

Book Description
This comprehensive two-volume collection of leading articles in trademark and unfair competition law spans almost a century and three continents, bringing together the most influential and significant scholarly work in this exciting field. These essential volumes, with a new and original introduction by two leading contemporary writers, are organised in a way that highlights essential concepts and will be invaluable both for those taking their first steps in the area and for those seeking to re-acquaint themselves with the classics.

Author: Jay Dratler, Jr.
Publisher: Law Journal Press
ISBN: 9781588520548
Category : Law
Languages : en
Pages : 1386

View

Book Description
This book discusses the TRIPs Agreement, the Madrid Protocol and other international conventions, and compares the basic principles of U.S. law with Asian & European law.

Author: Jennifer Rothman
Publisher: Harvard University Press
ISBN: 0674986350
Category : Law
Languages : en
Pages : 170

View

Book Description
Who controls how one’s identity is used by others? This legal question, centuries old, demands greater scrutiny in the Internet age. Jennifer Rothman uses the right of publicity—a little-known law, often wielded by celebrities—to answer that question, not just for the famous but for everyone. In challenging the conventional story of the right of publicity’s emergence, development, and justifications, Rothman shows how it transformed people into intellectual property, leading to a bizarre world in which you can lose ownership of your own identity. This shift and the right’s subsequent expansion undermine individual liberty and privacy, restrict free speech, and suppress artistic works. The Right of Publicity traces the right’s origins back to the emergence of the right of privacy in the late 1800s. The central impetus for the adoption of privacy laws was to protect people from “wrongful publicity.” This privacy-based protection was not limited to anonymous private citizens but applied to famous actors, athletes, and politicians. Beginning in the 1950s, the right transformed into a fully transferable intellectual property right, generating a host of legal disputes, from control of dead celebrities like Prince, to the use of student athletes’ images by the NCAA, to lawsuits by users of Facebook and victims of revenge porn. The right of publicity has lost its way. Rothman proposes returning the right to its origins and in the process reclaiming privacy for a public world.

Author: Jane C. Ginsburg
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 452

View

Book Description
This book brings famous cases to life by telling the true, never-heard-before stories behind landmark Intellectual Property cases. It is organized into six chapters, each drawing on cases in patents, copyrights, trademarks, or unfair competition, to illustrate the problems encountered in intellectual property law. The works, inventions, and marks at issue in these cases vary widely.

Author: Dorothy J. Howell
Publisher: Bloomsbury Publishing USA
ISBN: 0313388873
Category : Law
Languages : en
Pages : 225

View

Book Description
In this pioneering volume, Howell addresses the extent to which fictional characters are legally recognized and protected as intellectual property. Through a judicious selection of cases chosen for their bearing on the popular arts, the author reviews the basic legal principles involved--copyright, trademark, unfair competition, and contract law--and analyzes their applications to fictional characters. In addition to tracing the evolution of the law relating to the protection of fictional characters, Howell explores the feasibility of isolating characters and protecting them via stringent copyright and/or trademark laws, addresses character merchandising and the associated legal issues, and suggests legal reforms aimed at protecting the creator. Detailed case information serves both to illustrate the legal principles and actions discussed and to stand as a model for the proprietors of future characters. Divided into two major sections, the volume begins by offering a comprehensive introduction to intellectual property law. Specific topics addressed include basic concepts of property, statutory protection of intellectual property, elements of an infringement action, defenses to copyright infringement, unfair competition, and the application of trademark principles to literary properties. In the second section, Howell analyzes the extent to which the fictional character is legally regarded as intellectual property. She reviews situations in which copyright and trademark law have been invoked to protect the creator of a fictional character, examines cases involving such well-known characters as the Lone Ranger, Superman, and the crew of the Starship Enterprise, and presents an extended analysis of the case of Tarzan. Finally, Howell considers whether right of publicity and merchandising offer additional protection for fictional characters. In the concluding chapter, she offers an analysis of copyright decisions and a proposal for their reconciliation. Both practicing attorneys and students of entertainment law will find Howell's work an important contribution to the professional literature.

Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 16

View

Book Description

Author: Graeme B. Dinwoodie
Publisher: Aspen Publishers
ISBN: 9781454827825
Category : Competition, Unfair
Languages : en
Pages : 0

View

Book Description
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 and& 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 and 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