Aspen Publishing

Trademarks and Unfair Competition: Law and Policy, Fifth Edition

Graeme B. Dinwoodie, Mark D. Janis


  • ISBN: 9781543803310

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  • Description

    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.

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  • Additional Product Details

    Detailed Table of Contents (PDF Download)

    Publication Date: 8/17/2018
    Copyright: 2018
    Pages: 1,104
    Hardcover: 9781454871057
    Loose-leaf: 9781543803310

    Summary of Contents

    Preface to Fourth Edition
    Preface to Third Edition
    Preface to Second Edition
    Preface to First Edition

    Part I Foundations and Purposes of Trademark and Unfair Competition Law
    Chapter 1 Introduction to Trademark and Unfair Competition Law

    Part II Creation of Trademark Rights
    Chapter 2 Distinctiveness
    Chapter 3 Functionality
    Chapter 4 Use
    Chapter 5 Registration

    Part III Scope and Enforcement of Trademark Rights
    Chapter 6 Geographic Limits on Trademark Rights
    Chapter 7 Confusion-Based Trademark Liability Theories
    Chapter 8 Non–Confusion-Based Trademark Liability Theories
    Chapter 9 Permissible Uses of Another’s Trademarks
    Chapter 10 False Advertising
    Chapter 11 Trade Identity Rights in One’s Persona: Endorsement, Attribution, and Publicity
    Chapter 12 Remedies

    Table of Cases

  • Author Information

    Mark D. Janis

    Mark D. Janis teaches at Indiana University Maurer School of Law as a Robert A. Lucas Chair and Professor of Law and writes in the fields of patents, trademarks/unfair competition, and intellectual property/antitrust. He has a particular interest in intellectual property rights in plants and plant biotechnology. He has published numerous law review articles and is co-author of a two-volume treatise, IP and Antitrust (with Hovenkamp and Lemley), a casebook, Trademarks & Unfair Competition: Law and Policy (with Dinwoodie) and several other books on trademark law. He is a 2000-2001 recipient of the University of Iowa Collegiate Teaching Award. He was named a University of Iowa Faculty Scholar for 2002-2006 to conduct research on intellectual property rights in plant biotechnology. In 2006, he was named the H. Blair & Joan V. White Intellectual Property Law Chair at the University of Iowa College of Law. He joined the faculty at the IU Maurer School of Law in 2009.

    Professor Janis earned his JD summa cum laude in 1989 from the Indiana University Maurer School of Law, and his BS with distinction in 1986 in Chemical Engineering from Purdue University. He is a registered patent attorney and a member of the Indiana bar. Prior to entering law teaching, Professor Janis practiced patent law with Barnes & Thornburg in Indianapolis, Indiana, from 1989-1995.

    Graeme B. Dinwoodie

    Professor Dinwoodie is a prolific intellectual property scholar of international renown. From 2009 to 2018, he was Professor of Intellectual Property and Information Technology Law at the University of Oxford, where he was also Director of the Oxford Intellectual Property Research Centre and a Professorial Fellow of St. Peter’s College. Immediately prior to taking up the IP Chair at Oxford, Professor Dinwoodie was for several years a Professor of Law at Chicago-Kent College of Law, where he led the Program in Intellectual Property Law. From 2005 to 2009, he also held a Chair in Intellectual Property Law at Queen Mary College, University of London. Professor Dinwoodie rejoined the Chicago-Kent faculty in 2016 as a University Professor, an appointment reserved for "highly distinguished faculty who may be appointed by the President [of Illinois Institute of Technology] in recognition of their national reputations." And in 2018, he returned full-time to Chicago-Kent upon his appointment as Global Professor of Intellectual Property Law. He remains a Visiting Professor of Law at the University of Oxford.

    Professor Dinwoodie is the author of many books and casebooks; dozens of articles, book chapters and other substantial works; and numerous essays and shorter works. His scholarship is widely cited by scholars in the United States and abroad. He received the 2008 Ladas Memorial Award from the International Trademark Association for his article Confusion Over Use: Contextualism in Trademark Law (with M. Janis). He is considered a leading international authority in trademark law, design law, and international intellectual property law, and is regularly invited to speak at numerous conferences and institutions around the world. Professor Dinwoodie has held a number of visiting or honorary positions, including as the Yong Shook Lin Visiting Professor of Intellectual Property Law at the National University of Singapore, a Global Professor of Law at New York University School of Law, an Honorary Professor of Law at the University of Strasbourg, the George P. Smith II Distinguished Visiting Chair at Indiana University Maurer School of Law, and a visiting professor of law at the University of Pennsylvania School of Law. In 2008, Professor Dinwoodie received the Pattishall Medal for Teaching Excellence in the field of trademarks and trade identity law—awarded only once every four years—from the International Trademark Association. In 2020, Professor Dinwoodie was inducted into the IP Hall of Fame.

    Professor Dinwoodie holds an LL.B. degree in Private Law (First Class Honors) from the University of Glasgow, an LL.M. from Harvard Law School, and a J.S.D. from Columbia Law School. He was the Burton Fellow in residence at Columbia Law School for 1988-89, working in the field of intellectual property law, and a John F. Kennedy Scholar at Harvard Law School for 1987–88.

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