The fifth edition of the one-volume classic treatise on trademark law brings you a wealth of new coverage, including an entirely new chapter on dilution that focuses on the 2006 Trademark Dilution Revision Act and the pertinence of prior case law in light of the TDRA.Kane on Trademark Law continues to provide the definitive path to securing and exploiting trademarks, showing you how to develop strong marks . use trademarks to establish priority . license, assign, and expand rights . and protect trademarks. You'll learn how to prove secondary meaning, likelihood of confusion, dilution, trade dress infringement, false advertising, deceptive trade practices, and misappropriation. Kane on Trademark Law also shows how to defeat plaintiffs' claims, by effectively deploying First Amendment defenses and defenses against dilution and false advertising actions.

This book explores applying the EU trade mark law (EUTM) functionality refusal grounds to address business needs when registering trade marks consisting of product characteristics. The study examines the absolute grounds for a refusal of registration of functional signs under EUTM. It interprets the functionality refusal grounds through objective tests, focusing on the pro-competition rationale of denying trade mark exclusivity on product features that are technically or aesthetically important for competitors' ability to trade in alternative products. The work takes a comparative approach looking at the US trade dress functionality doctrine, and a law and economics perspective on the role of trade marks and brands in the marketplace. It explores how competition rules related to market definition and the substitutability of products, as well as marketing and design findings related to branding and aesthetics, could be integrated into the legal assessment of EUTM functionality

Whether you're an inventor, designer, writer or programmer, you need to understand the language of intellectual property law. Otherwise, you can't intelligently deal with intellectual property issues such as:. who owns creative works or valuable information . how owners can protect and enforce their ownership rights . how disputes between intellectual property owners can be resolved, and . how ownership rights can best be transferred to others. With Patent, Copyright & Trademark, you will: . get clear overviews of relevant laws . understand the different kinds of protection offered by patents, copyrights, trademarks and trade secrets -- and which apply to your work . get a plain-English definition of every term you're likely to come across, and . find the information you need, quickly and easily -- all entries are organized by topic and extensively cross-referenced. This edition has been updated to reflect the latest changes in intellectual property law and provides the latest U.S. Patent and Trademark Office rules and forms. It includes up-to-date discussions of the new "first to file" rule, which promises to revolutionize patent law. Plus, read all new Q&As excerpted from author Richard Stim's popular blog, Dear Rich.  

Presenting a variety of historiographical approaches, this Research Handbook explores the historical development of trademarks and the associated commercial practices of branding. It has an international scope, covering trademark history in Australia, Israel, pre-modern Europe, Sweden, the UK and the US. Bringing together a carefully selected group of experts, this Research Handbook assesses a broad range of topics including registration systems, branding, distinctiveness, use and ownership, the role of colour, secondary liability and marks as property. It explores the nature and function of trademarks as well as the development of legislation and administrative frameworks regulating marks in the 19th and 20th centuries. In addition, it features important case studies on Guinness, Jaeger, Jaffa, and Swedish Match, and offers new insights into the history of the UK Trade Mark Registration Act and the US Lanham Act. Enriching understandings of the history of trademark law, this Research Handbook is an indispensable read for intellectual property scholars, legal historians and law students. Legal practitioners working in the intellectual property field will also find it to be a useful resource.