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Table of Cases | p. vii |
Prelude | p. 1 |
Top Tobacco, L.P v. North Atlantic Operating Company, Inc. | p. 1 |
Questions | p. 4 |
Concepts of Trademarks and Unfair Competition | p. 6 |
Trademarks | p. 6 |
Questions | p. 6 |
Ownership and Use | p. 7 |
Ownership | p. 7 |
Question | p. 8 |
Use | p. 8 |
Central Mfg. Inc. v. Brett | p. 8 |
Analogous Use | p. 13 |
Aktieselskabet AF 21. November 2001 v. Fame Jeans | p. 14 |
Question | p. 16 |
Extraterritorial Use | p. 17 |
Priority | p. 17 |
ITC Limited v. Punchgini, Inc. | p. 17 |
ITC Ltd. v. Punchgini | p. 23 |
Questions | p. 27 |
Registration of Trademarks | p. 28 |
Bars to Registration | p. 28 |
Loss of Trademark Rights | p. 31 |
Genericism | p. 31 |
Question | p. 32 |
Question | p. 36 |
Abandonment | p. 36 |
Standard of Proof of Abandonment | p. 36 |
Infringement | p. 40 |
Likelihood of Confusion | p. 40 |
Secondary Liability for Trademark Infringement | p. 46 |
Vulcan Golf, LLC v. Google Inc. | p. 46 |
Statutory Defenses/Incontestability | p. 49 |
Question | p. 49 |
False Designation of Origin | p. 51 |
Section 43(a) of the Lanham Act and Unregistered Marks | p. 51 |
Question | p. 51 |
Trade Dress | p. 51 |
Advertising | p. 55 |
False Representations | p. 55 |
Questions | p. 56 |
Dilution | p. 57 |
Federal Dilution | p. 57 |
Nike, Inc. v. Nikepal International, Inc. | p. 57 |
Question | p. 64 |
7-Eleven, Inc. v. Wechsler | p. 64 |
Question | p. 69 |
Louis Vuitton Malletier S.A. v. Haute Diggity Dog, LLC | p. 69 |
Questions | p. 75 |
Authors' and Performers' Rights | p. 77 |
Authors' and Performers' Rights of Attribution | p. 77 |
Merchandizing | p. 77 |
Internet Domain Names | p. 79 |
Anticybersquatting Consumer Protection Act | p. 79 |
Utah Lighthouse Ministry v. Foundation for Apologetic Information And Research | p. 79 |
ICANN and the Uniform Trademark Domain Name Dispute Resolution Policy | p. 84 |
Trademarks as Speech | p. 92 |
Parody | p. 92 |
Question | p. 95 |
Trademarks as Speech | p. 95 |
Question | p. 95 |
Remedies | p. 97 |
Trademark Counterfeiting | p. 99 |
Question | p. 99 |
Lorillard Tobacco Co., Inc. v. A & E Oil, Inc. | p. 99 |
Question | p. 102 |
Appendices | |
Lanham Trademark Act of 1946, as Amended and codified in Chapter 22 of Title 15 of the United States Code | p. 103 |
Restatement of the Law (Third) of Unfair Competition, [sections] 1, 9, 13, 16-17, 20-27 | p. 162 |
Trademark Manual of Examining Procedure (4th edition 2005) (Excerpts) | p. 168 |
Uniform Domain Name Dispute Resolution Policy | p. 204 |
Paris Convention for the Protection of Industrial Property (excerpts) | p. 209 |
Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) (excerpts) | p. 221 |
North American Free Trade Agreement (excerpts) | p. 230 |
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