Trademarks and Unfair Competition: Law and Policy - Seventh Edition - Dinwoodie

Trademarks and Unfair Competition: Law and Policy, 7th Edition

ISBN 9798894109664

The Seventh Edition of this leading casebook on trademark and unfair competition law brings together renowned scholars Graeme B. Dinwoodie, Mark D. Janis, and UCLA professor Mark P. McKenna. McKenna, an accomplished teacher and scholar who has used the casebook for more than two decades, joins the authors to provide a fresh perspective while preserving the text's clear, accessible, and intellectually rigorous approach to complex issues in trademark law.

The book organizes the many facets of trademark and unfair competition doctrine within a cohesive conceptual framework. It begins with a concise examination of foundational principles before turning to comprehensive coverage of (1) the creation of trademark rights and (2) the scope, enforcement, and protection of those rights, along with related causes of action. The traditional case-and-note format is supplemented by carefully designed problems that encourage students to apply legal principles and develop a deeper understanding of challenging issues.

New to the Seventh Edition:

• Incorporates major recent Supreme Court decisions, including Jack Daniel's Properties v. VIP Products on expressive use of trademarks, Vidal v. Elster concerning trademark registration restrictions and the First Amendment, and Abitron Austria GmbH v. Hetronic International, Inc. addressing the extraterritorial reach of the Lanham Act.
• Adds new cases illustrating fundamental trademark principles and emerging areas of doctrine.
• Expands discussion of the developing "failure to function" doctrine and examines how it fits within traditional trademark law.
• Provides deeper treatment of trade dress, including significant decisions involving the Timberland boot and watermelon wedge designs.
• Updates coverage of online marketing and keyword advertising, including recent appellate decisions that synthesize more than two decades of developing jurisprudence.
• Addresses ongoing challenges to controversial developments in trademark law, including efforts to limit expansive merchandising claims.
• Updates the treatment of defenses, including the Rogers framework for expressive use following Jack Daniel's and recent appellate decisions concerning descriptive and nominative fair use.
• Introduces emerging remedial mechanisms, including so-called "Schedule A" cases involving online infringement.

Key Features and Benefits:

• A clear conceptual framework distinguishing the creation, scope, and enforcement of trademark rights.
• A proven case-and-note format enhanced with practical problems addressing complex issues.
• Comprehensive coverage of trademark issues arising in online commerce and digital marketing.
• Integrated treatment of both domestic and international trademark law.
• Extensive coverage of trade dress protection and related doctrines.
• Careful integration of contemporary cases and emerging legal developments to keep students engaged with the rapidly evolving trademark landscape.

Combining doctrinal depth, practical problem-solving, and current developments in trademark and unfair competition law, the Seventh Edition provides students and instructors with a comprehensive and adaptable foundation for studying this dynamic area of intellectual property law.

Trademarks and Unfair Competition: Law and Policy, 7th Edition
ISBN 9798894109664, 979-8894109664, 979-8-8941-0966-4, 979-8-89410-966-4