[PDF] The Law Of Trade Marks Including Trade Names And Unfair Competition eBook

Author : Amasa Copp Paul
Publisher : Rarebooksclub.com
Page : 316 pages
File Size : 22,7 MB
Release : 2013-09
Category :
ISBN : 9781230011585

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1903 edition. Excerpt: ...for the goods of the original maker?" As said in one case: "It is well settled that, while a trademark of a descriptive character cannot be monopolized as such, yet there may be such circumstances that subsequent users are bound to distinguish their merchandise, and may be re strained unless they couple with the use of the generic name some caution suitable to guard the public from confusing the sources of production. In the case at bar it is alleged in the bill on this point that the respondents had put up their product in pint bottles identically the same in shape and color as those used by, the complainant, and had also used white labels, as does also the complainant. These are the only particulars as to which the bill describes simulation. The bottles of the complainant, however, are common pint bottles, in use everywhere, and the exhibits produced to the court do not show labels whose color would be mistaken by the ordinary public as that of the white ones in use by the complainant. The complainant has throughout used on his label a picture of Mount Ararat, being, for the eye of the purchaser, the most prominent feature which it contains. This was omitted by the respondents in their labels. Not only in this respect, but in others, theirs are distinguished in such marked manner from those of the complainant that, as we have already said, the public has a reasonable warning of the difference in the sources of production, although, as we have suggested, the article itself has been so long exclusively combined in the public mind with the complainant that little less than personal explanations would in many cases prevent the purchaser from deceiving himself. All that can be claimed of the respondents in this particular is that...

Author : Lars S. Smith
Publisher :
Page : 0 pages
File Size : 37,23 MB
Release : 2013
Category : Trademarks
ISBN : 9781594604492

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Mastering Trademark and Unfair Competition Law provides a clear and concise presentation of the basic principles underlying and the challenges facing a student or practitioner of trademark law in a digital age. This book traces the evolution of trademark law from its origin as a common law tort of unfair competition and associated common law trademark rights, to the most recent amendments to the federal Lanham Trademark Act. The book lays a solid foundation covering the basics of obtaining trademark and trade dress rights; federal trademark registration practice, including a discussion of practice before the TTAB; trademark infringement; defenses; and remedies. Mastering Trademark and Unfair Competition Law also has extensive coverage of the dilution of famous trademarks. Mastering Trademark and Unfair Competition Law thoroughly discusses all of the elements of the modern trademark practice. It has extensive discussions of new technologies such as Internet domain names, web pages, keyword advertising, virtual worlds, and computer games, as well as how trademark law has responded to the challenges presented by new forms of trademark use. There are chapters on cybersquatting under the Uniform Domain Name Resolution Policy (UDRP) and international trademark law including review of treaties such as the Paris Convention and the Madrid Protocol. The goal of this book is to ground the reader in the law, policies, and theories of trademark law so that the reader can better understand the legal and economic role of trademarks and brands in a modern economy.

Author : James Love Hopkins
Publisher : Franklin Classics
Page : 960 pages
File Size : 29,49 MB
Release : 2018-10-13
Category :
ISBN : 9780342873227

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This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Author : Jane C. Ginsburg
Publisher :
Page : 260 pages
File Size : 20,39 MB
Release : 2007
Category : Law
ISBN :

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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.