Intellectual Property
About This Guide
This Research Guide is intended to provide those researching issues in Intellectual Property Law with a starting point for their studies. Intellectual Property is a broad area in the law, comprising the three distinct but interconnected doctrinal areas of Copyright, Patent, and Trademarks. In addition, this Guide includes resources pertaining to a fourth type of intellectual property: trade secrets.
This Research Guide is organized into five sections, with one section providing resources on the overarching area of intellectual property, and the remaining sections each corresponding to one of the foregoing specific doctrinal areas. Each tab in the navigation bar above will take the researcher to a variety of materials - both print and online - that should assist them in their study of and research into Intellectual Property Law and its component parts.
Trademark Law
Trademark Law is one of the three primary doctrinal areas within Intellectual Property. Unlike Copyright or Patent Law, however, the power to enact legislation protect trademarks is granted to Congress under the Commerce Clause (Article 1 § 8, clause 3) of the Constitution, rather than the so-called "Copyright and Patent" or "Intellectual Property" Clause (Article 1 § 8, clause 8).
As defined in Black's Law Dictionary (11th Ed. 2019), the term TRADEMARK means/ refers to:
"1. A word, phrase, logo, or other sensory symbol used by a manufacturer or seller to distinguish its products or services from those of others. • The main purpose of a trademark is to designate the source of goods or services. 2. The body of law dealing with how businesses distinctively identify their products."
Primary Law - Statutes
The Lanham (Trademark) Act: 15 U.S.C.
From the USPTO: The Lanham Act
From the Legal Information Institute (LII) at Cornell Law School: Lanham Act
Getting Started
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Understanding Trademark Law by This Understanding treatise is a comprehensive and up-to-date guide to the law of trademarks and unfair competition. It provides a thorough introduction to the federal laws protecting registered trademarks and trade dress, as well as the broad array of federal and state unfair competition doctrines which protect unregistered trademarks and trade dress. Coverage includes the standards and procedures for obtaining federal registration, the rights and remedies available to owners of both registered and common law marks under federal and state law, and the full array of applicable defenses. "I really think this book is an excellent resource for trademark attorneys." -- Lisa Ramsey at USD School of Law
Call Number: https://lexisdl.com/library/nsu/title/5286406ISBN: 9781531014902Publication Date: 2019-10-02 -
Mastering Trademark and Unfair Competition Law by 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.
Call Number: KF3180 .S65 2013ISBN: 9781611635799Publication Date: 2016-05-25 -
Questions and Answers: Trademark and Unfair Competition
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This study guide uses multiple-choice and short-answer questions to test your students' knowledge of trademark and unfair competition law doctrine. Each multiple-choice question is accompanied by a detailed answer that indicates which of four options is the best answer and explains why that option is better than the other three options. Each short-answer question (designed to be answered in no more than fifteen minutes) is followed by a thoughtful, yet brief, model answer. Q & A: Trademark and Unfair Competition also includes a comprehensive topical index.
Call Number: KF3180.Z9 C47 2007ISBN: 9780327170457Publication Date: 2012-06-27 -
Trademark and Unfair Competition in a Nutshell
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This text provides a comprehensive treatment of the law of trademark, unfair competition, false advertising, and the right of publicity.
Call Number: online onlyISBN: 9781647088583Publication Date: 2021-09-08
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Principles of Trademark Law
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This new volume hits the sweet spot of thorough and thoughtful coverage of trademark law without bogging readers down in minutiae and a blizzard of footnotes. Professors Schechter and Thomas, authors of multiple texts on IP law, have enlivened this volume with crisp prose, clever examples, and touches of humor. Materials on licensing and assignments, online trademark issues, and international topics augment the traditional discussion of trademark acquisition, validity, infringement, and dilution. The book would work well for end-of-semester review or as a supplementary text with, or substitute for, the usual casebook and will serve as a useful reference work for practitioners long after the course is over.
Call Number: online onlyISBN: 9780314147523Publication Date: 2020-12-07
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McCarthy on Trademarks and Unfair Competition
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McCarthy on Trademarks and Unfair Competition has been the authoritative source for explaining U.S. trademark and unfair competition law for 50 years, with clear, concise analyses of cases and statutes and commentary on registering and protecting trademarks.
FROM THE PUBLISHER
"McCarthy on Trademarks and Unfair Competition provides the authoritative information and analysis needed to successfully represent clients in selecting, registering, licensing, protecting, and litigating trademarks and related rights. In print for 50 years and cited in nearly 8,000 USPTO and federal court opinions, including 16 U.S. Supreme Court opinions, this is the leading guide for understanding and applying U.S. trademark law.
This seven-volume publication explains trademark law with clear, concise analysis of cases and statutes, and offers:
Guidance with your preparation to prosecute or defend claims of infringement of trademarks and related rights
How-to guidance for registering trademarks and litigating USPTO inter partes proceedings and appeals
Examination of defenses, including classic and nominative fair use defenses
Analysis of international aspects of trademark law
Featuring insight and commentary from a noted scholar and practitioner, topics covered by the more than 30 chapters of text include:
Unfair competition
The fundamental principles of trademark protection
Artistic, sports, and entertainment rights
The Federal Anti-dilution Act
The likelihood of confusion test for trademark infringement
The territorial extent of trademark rights
The Rogers First Amendment defense to trademark infringement actions
Survey evidence in trademark infringement and unfair competition litigation
Appendixes provide the text of relevant statutes and regulations. Quarterly updates incorporate recent caselaw and statutory revisions regarding trademarks and related rights."
Call Number: Online (Westlaw Precision) onlyPublication Date: Continually Updated Resource -
Callmann on Unfair Competition, Trademarks & Monopolies
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Callmann on Unfair Competition, Trademarks, and Monopolies provides a thorough analysis of unfair competition, trademark law, and monopolies.
FROM THE PUBLISHER
Callmann on Unfair Competition, Trademarks, and Monopolies provides a comprehensive analysis of the law of unfair competition as it relates to:
Trademarks (registrability and infringement)
Passing-off
Trade secrets
Misappropriations
Price discrimination
Predatory pricing
Monopolies
And more
Coverage also includes suggestions for protection against unfair competition related to the acquisition, transfer, and abandonment of rights in a mark. Other topics include:
Government and business competition
Interference with a competitor's contractual rights and bargaining possibilities
Interference by trade boycott and marketing restrictions
Unlawful exploitation of a competitor's effort
Confusing similarity
Patent misuse
Covenants not to compete
And more
Call Number: Online (Westlaw Precision) onlyPublication Date: Continuously Updated Resource
Selected online resources
The United States Patent and Trademark Office (USPTO) is "the federal agency for granting U.S. patents and registering trademarks. In doing this, the USPTO fulfills the mandate of Article I, Section 8, Clause 8, of the Constitution that the legislative branch "promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.""
The USPTO registers trademarks based on the commerce clause of the Constitution (Article I, Section 8, Clause 3).
The USPTO website provides online resources to search for existing trademarks, register new trademarks, and reference materials to assist users in learning the basics of trademark law and the trademarks registration process.
The U.S. Patent and Trademark Office (USPTO)
You can also visit the USPTO's Patent and Trademark Resource Center: PTRC Basic Resources | USPTO
Selected Additional Reading
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Antitrust Issues in Intellectual Property Law
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The intersection of intellectual property law and antitrust law is busy and complicated, and there's no reason to believe that this heavy traffic will abate anytime soon. Recently, the congress, regulators and courts have all made significant statements affecting the historical balance between the competing policies underlying intellectual property and antitrust law. Antitrust Issues in Intellectual Property Law focuses on significant recent developments in this busy legal intersection, helping the intellectual property attorney stay informed about the law and the many ways in which antitrust law limits, disciplines, and counterbalances intellectual property law - and vice versa. Outcomes for clients that be directly affected by the interplay between intellectual property and antitrust law. Written by experienced intellectual property lawyers and litigators whose work focuses in these areas, the book addresses the important antitrust issues in these areas of intellectual property law: -Acquisition, procurement, and ownership -Licensing -Litigation -Settlements under the Hatch-Waxman Act -Incorporation of IP into a standard set by a standard-setting organization (SSO)
Call Number: KF3116 .L94 2016ISBN: 9781634254458Publication Date: 2018-02-07 -
Intellectual Property and Antitrust Handbook
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Call Number: KF3116 .I5683 2015ISBN: 9781634253765Publication Date: 2015-01-01
