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Rounding The Corner On Trade Dress
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Book Synopsis Rounding the Corner on Trade Dress by : Katherine J. Strandburg
Download or read book Rounding the Corner on Trade Dress written by Katherine J. Strandburg and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judge Richard Cudahy's dissenting opinion in the 1993 trade dress case, Kohler Co. v. Moen Inc., dealt with the importance of the “right to copy” unpatented designs. This Essay argues that this opinion foreshadowed the Supreme Court's recent shift away from an overly simplistic view of intellectual property as the sole engine of innovation to a renewed understanding of the interplay between property and competition as innovation drivers.
Book Synopsis Trade Dress and Design Law by : Graeme B. Dinwoodie
Download or read book Trade Dress and Design Law written by Graeme B. Dinwoodie and published by Aspen Publishing. This book was released on 2024-03-12 with total page 804 pages. Available in PDF, EPUB and Kindle. Book excerpt: A student-friendly text offering an integrated treatment of the different forms of intellectual property protection available for trade dress and designs. Featuring succinct yet in-depth exploration of the protection of trade dress and designs under the laws of trademark and unfair competition, design patent, copyright, and sui generis protection regimes. This book can be used as the main text in an advanced course devoted to trade dress and designs, or may be used as a supplemental text for a variety of intellectual property courses. A substantial chapter on European design laws is also included. New to the 2nd Edition: Substantially updated and rewritten chapters on design patent law reflecting major recent developments Trade dress chapters that reflect recent doctrinal refinements and the application of core Supreme Court decisions such as Wal-Mart and TraFix Revised treatment of copyright protection for designs of useful articles in the wake of the Supreme Court’s Star Athletica decision Enhanced coverage of European design protection Professors and students will benefit from: Analysis and comparison of the protection of trade dress and designs under numerous intellectual property regimes. A detailed exploration of the protection of trade dress and designs under trademark and unfair competition laws. Thorough treatment of design patent law, an area that is neglected in most student texts on intellectual property. Exploration of the application of copyright protection to pictorial, graphic, and sculptural works, architectural works, and works of visual art, among others. Coverage of sui generis design protection regimes.
Book Synopsis Trademarks and Unfair Competition by : Graeme B. Dinwoodie
Download or read book Trademarks and Unfair Competition written by Graeme B. Dinwoodie and published by Aspen Publishing. This book was released on 2018-08-27 with total page 1584 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Book Synopsis Research Handbook on the Law and Economics of Trademark Law by : Glynn S. Lunney Jr.
Download or read book Research Handbook on the Law and Economics of Trademark Law written by Glynn S. Lunney Jr. and published by Edward Elgar Publishing. This book was released on 2023-12-11 with total page 467 pages. Available in PDF, EPUB and Kindle. Book excerpt: This discerning and detailed Research Handbook examines the law of trademarks, unfair competition, and dilution from a variety of law and economics perspectives. With a comprehensive exploration of trademarks and trademark law, it provides an excellent illustration of the analytical diversity that the law and economics approach can bring to legal issues.
Book Synopsis Fundamentals of United States Intellectual Property Law by : Amanda Reid
Download or read book Fundamentals of United States Intellectual Property Law written by Amanda Reid and published by Kluwer Law International B.V.. This book was released on 2021-11-05 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: Completely revised and updated, this seventh edition of a well-received desk reference offers in one volume a comprehensive review of United States (US) copyright, patent, and trademark laws. Like its previous editions, the book’s thorough and sophisticated treatment of this complex material escapes the cumbersome overelaboration of a multivolume treatise on the one hand and a superficial “nutshell” on the other hand. Maintaining the systematic structure that makes it easy for users to zero in on any particular matter, the new edition incorporates the changes that have entered into force since the sixth edition and expertly examines their effects. The three major categories of copyright, patent, and trademark are covered in turn—along with a fourth part on chip protection—with detailed but concise examination and analysis of such issues and topics as the following and much more: subject matter of protection; conditions of protection; registration procedures; scope of exclusive rights; transfer of interests; fair use; rights in unregistered marks; protection of computer software, code, and databases; remedies and defenses; and procedural issues in infringement actions. The authors examine significant case law, updated for this edition, in the course of their analysis. With its detailed citations and readily accessible and complete subject coverage, this latest edition is sure to retain its usefulness as a quick reference or desk book for intellectual property practitioners, in-house counsel, patent agents, academics, and librarians, as well as for anyone interested in understanding US intellectual property law.
Book Synopsis The Law of Intellectual Property by : Craig Allen Nard
Download or read book The Law of Intellectual Property written by Craig Allen Nard and published by Aspen Publishing. This book was released on 2017-02-27 with total page 1885 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive and practical book focuses on the core concepts of Intellectual Property. Its innovative pedagogy engages students with problems drawn from actual cases and provides them with introductions to cases and contextual summaries in the notes. Patent: Up to date Federal Circuit and Supreme Court case law, including: • Nautilus, Alice, Teva, Williamson, and Lexmark • Detailed substantive comments following the principal cases • More statistics and charts, particularly relating to USPTO decision-making and PTAB inter partes review • Enhanced Patent Reform Perspectives (i.e., America Invents Act) Copyright: • Expanded coverage of contemporary developments in copyright law, with 13 new cases; • Broader coverage of recent developments gives adopters greater flexibility in choosing materials within that structure. Trademark: • Updated to reflect recent Supreme Court decisions • New materials on bars to registration, functionality, expressive use, and remedies The purchase of this Kindle edition does not entitle you to receive 1-year FREE digital access to the corresponding Examples & Explanations in your course area. In order to receive access to the hypothetical questions complemented by detailed explanations found in the Examples & Explanations, you will need to purchase a new print casebook.
Book Synopsis Protecting Designs in America by : William K. Wells
Download or read book Protecting Designs in America written by William K. Wells and published by Page Publishing Inc. This book was released on 2022-08-01 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a primer for designers and attorneys who represent them for protecting product designs from copying by competitors. Particularly for consumer products, designers spend a great effort into making otherwise purely functional items into works of art one enjoys having displayed in their kitchen, bathroom, office, shop, and elsewhere. Yet unscrupulous competitors can copy or mimic the designs often with impunity. To the extent designers have attempted to protect the design through some form, the effort often falls short. Product designers, sometimes referred to as industrial designers, typically are not aware of the plethora of alternatives available to them and which of these offer the best avenue of protection for the lowest cost. Often the lawyers who represent them are so focused on one particular approach, while other alternatives are overlooked. This book brings to light the various modes of protection for designers with detailed analysis of each from a realaEUR"world perspective. The three major modes of intellectual property rights for designers are design patents, trademarks or trade dress, and copyright. Each of these has its own special characteristics that make it a good or bad choice depending on the nature of the design and the willingness of the designer to bear the costs and effort in securing the rights. Some rights may be obtained relatively easily but extremely difficult to enforce. Others may require additional effort and cost up front but will bear more fruit when asserted against an infringer. The book breaks down each IP right into the ease of obtaining the right, remedies associated with each, and the challenges in enforcing them. For attorneys, the book combines in one place the advantages and disadvantages of each mode of protection with discussion of relevant case law and statutes. Most attorneys have expertise in at least one of the three major modes of protection but not all three. This material will enable attorneys to better appreciate other areas of specialty in advising clients. Similarly, the designer will be able to assess the individual attorney's expertise and, if necessary, bring together a multiaEUR"disciplined approach to protect a unique product design.
Book Synopsis EU Trade Mark Law and Product Protection by : Lavinia Brancusi
Download or read book EU Trade Mark Law and Product Protection written by Lavinia Brancusi and published by Taylor & Francis. This book was released on 2023-07-13 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book employs scholarly analysis to ground practical tools for applying the EU Trade Mark law (EUTM) functionality refusal grounds to address business needs when registering trade marks consisting of product characteristics. The study comprehensively examines the absolute grounds for a refusal of registration of functional signs under EUTM. It interprets the functionality refusal grounds through objective tests, focusing on the pro-competition rationale of denying trade mark exclusivity on product features that are technically or aesthetically important for competitors’ ability to trade in alternative products. The work takes a comparative approach looking at the US trade dress functionality doctrine, and a law and economics perspective on the role of trade marks and brands in the marketplace. It explores how competition rules related to market definition and the substitutability of products, as well as marketing and design findings related to branding and aesthetics, could be integrated into the legal assessment of EUTM functionality. The volume will be of interest to academics and researchers working in the areas of Intellectual Property Law, Trade Mark and Design Law, EU Law, Comparative Law, and Branding.
Download or read book Beyond the Code written by Noam Shemtov and published by Oxford University Press. This book was released on 2017-09-07 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although the law on infringement is relatively straightforward in relation to the copying of literal and textual elements of software, it is the copying of non-literal and functional elements that poses complex and topical questions in the context of intellectual property (IP) protection. In many cases, it is these non-literal and functional elements that contain the real value of a software product. This book concerns the copying of non-literal and functional elements of software in both the United States and European Union, using a holistic approach to address the most topical questions facing experts concerned with legal protection of software products across a range of technological platforms. The book focuses on six distinct but interrelated areas: contract, copyright, patents, trade-dress, designs and trade secrets, discussing these areas separately and in relation to one another. The book discusses software as a multilayered functional product, setting the scene for other legal discussions by highlighting software's unique characteristics. It examines models for the provision of software, addressing licensing patterns and overall enforceability, as well as the statutory and judicial tools for regulating the use of such licences. It assesses the protection of non-literal and functional software elements under EU and US laws, focusing on internal architecture, interfaces, behavioural elements and GUIs.
Book Synopsis Protecting Creativity in Fashion Design by : Susanna Monseau
Download or read book Protecting Creativity in Fashion Design written by Susanna Monseau and published by Taylor & Francis. This book was released on 2023-03-17 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring the debate over the benefits of legal protection for fashion design, this book focuses on how a combination of minimal legal protections for design, evolving social norms, digital technology, and market forces can promote innovation and creativity in a business known for its fast-paced remixing and borrowing. Focusing on the advantages and disadvantages of the main US and EU IP laws that protect fashion design in the world’s biggest fashion markets, it describes how recent US case law in copyright and trademark cases has led to misaligned incentives for the industry and a lack of clear protection, while, in the EU, the CJEU’s interpretation of the pan-European design rights system has created significant overlap with copyright law and risks, leading to the overprotection of design. The book proposes that creativity and innovation in fashion derive some benefit from a limited unregistered design right protection, and that cumulation with copyright protection is unhelpful. It also proposes that there is a larger role for developing social norms relating to sustainability, the ethics of cultural appropriation, and the online shaming of counterfeiters that can also help create a fair equilibrium between protection and borrowing in fashion design.
Book Synopsis International Economic Development by : Tony Fu-Lai Yu
Download or read book International Economic Development written by Tony Fu-Lai Yu and published by Routledge. This book was released on 2014-03-14 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by experts in their respective areas, this book is an excellent review of theories, policies and empirical evidences on important topics in global economic development. The book is both a superb teaching tool and a valuable handbook in development economics. The volume compiled 13 articles on contemporary issues influencing the world development. The book covers issues ranging from global financial crisis, the rise of China and the world economic order, multinational corporations, sweat factories and social responsibilities to Japan's nuclear meltdown and sustainable development. The book highlights the impacts of globalization on human well-being and examines the relationship between developed and developing economies in the global perspective. With cases and box illustration, this book is an essential reader for undergraduate students in economic development, international development and development economics. It is also a great reference for more advanced students, as well as a very useful guide to policymakers and practitioners interested in recent advances in global development.
Book Synopsis BNA's Patent, Trademark & Copyright Journal by :
Download or read book BNA's Patent, Trademark & Copyright Journal written by and published by . This book was released on 2003 with total page 680 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis A Night of Long Knives by : Rebecca Cantrell
Download or read book A Night of Long Knives written by Rebecca Cantrell and published by Macmillan. This book was released on 2010-06-22 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: Journalist Hannah Vogel has vowed to never again set foot in her homeland of Germany while the Nazis are still in power. She has good reason: three years ago in 1931, she kidnapped her "son," Anton, from the man claiming to be his father--Ernst Rohm, head of the Nazis' SA. A powerful man not to be trifled with, Hannah knows that Rohm will never stop searching for them. Hannah is asked to write about a zeppelin journey from South America to Switzerland, but Switzerland turns out to be too close. The zeppelin is diverted to Munich, where Hannah and Anton are kidnapped and, to Hannah's horror, separated. It's unlucky timing for Rohm, however. Hitler has ordered the execution of Rohm and hundreds of his storm troopers and is determined to wipe out any remaining traces of his name. The Night of the Long Knives has begun. When Rohm is killed before Hannah can ascertain Anton's whereabouts, she desperately enlists all of her remaining sources and friends to locate Anton before the Nazis do. And the Gestapo is closing in... Thrilling and powerful, A Night of Long Knives breathtakingly recreates a shattered and betrayed city as it plunges into darkness. At the Publisher's request, this title is being sold without Digital Rights Management Software (DRM) applied.
Book Synopsis Research Handbook on Patent Law and Theory by : Toshiko Takenaka
Download or read book Research Handbook on Patent Law and Theory written by Toshiko Takenaka and published by Edward Elgar Publishing. This book was released on 2019 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: This significantly updated second edition of the Research Handbook on Patent Law provides comprehensive coverage of new research for patent protection in three major jurisdictions: the United States, Europe and Japan.
Download or read book The American Hatter written by and published by . This book was released on 1900 with total page 554 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Intellectual Property by : Russell L. Parr
Download or read book Intellectual Property written by Russell L. Parr and published by John Wiley & Sons. This book was released on 2021-04-20 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Stay informed about the latest developments in US intellectual property law In the latest 2021 Cumulative Supplement to the fifth edition of Intellectual Property: Valuation, Exploitation, and Infringement Damages, readers will find reliable guidance and expert commentary on the latest legislative amendments, the most recent regulatory changes, and the most impactful cases adjudicated in 2020 and 2021 in the US. You???ll explore of-the-moment updates covering critical issues in the valuation, exploitation and infringement of intellectual property written by the expert team behind the celebrated text, Intellectual Property: Valuation, Exploitation, and Infringement Damages.
Download or read book The Trade-mark Reporter written by and published by . This book was released on 2004 with total page 666 pages. Available in PDF, EPUB and Kindle. Book excerpt:
