Trademark Law and Policy

by Port, Kenneth L.

• ISBN13: 9781594605475
• ISBN10: 1594605475
• Edition: 2nd
• Format: Hardcover
• Copyright: 2008-08-01
• Publisher: Carolina Academic Press

Summary

This full-length treatment of the law of trademarks in the United States begins by presenting a thorough discussion of why we protect trademarks. It delves into the theoretical justifications that support trademark protection, including law and economics, notions of freedom of competition, and cultural justifications. The book is unique in the field in that it presents trademark infringement early rather than later in the semester. The idea behind making infringement an early subject is that all of trademark law was originally a common-law subject. As such, it was all judge-made and cases arose only when someone sued someone else for trademark infringement. Students are thus able to study all of the later chapters with the ability to hold the specific subject matter in context. Additional chapters focus on obtaining trademark rights, retention of trademark rights, registration of trademark rights, and loss of trademark rights. Another unique characteristic of this book is that it gives complete, comprehensive coverage of dilution law and domain name law (covering both the Anticybersquatting Consumer Protection Act and the Uniform Dispute Resolution Policy). No other textbook on the market provides such comprehensive coverage of these two timely topics in Trademark Law.

Table of Contents

Table of Primary Cases
Table of Secondary Sources
Table of Graphs, Charts and Images
Introduction	p. 3
Why Protect Trademarks?	p. 29
Subject Matter	p. 49
Infringement of the Trademark Right	p. 77
Requirements of a Trademark	p. 141
Acquisition of Trademark Rights	p. 165
Trademark Registration 219	p. 219
Incontestability	p. 305
Loss of Trademark Rights	p. 325
Section 43(a)	p. 385
Dilution (Section 43(c))	p. 449
Domain Names (Section 43(d))	p. 497
International Influences and Harmonization	p. 615
Remedies	p. 645
Lanham Act, U.S.e. [section]15	p. 679
Index	p. 723
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