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| Trademark Law: A Practitioner's Guide (Practising Law Institute's Intellectual Property Law Library) (Intellectual Property Law Library (Practising Law Institute)) | 
 enlarge | Author: Siegrun D. Kane
Publisher: Practising Law Institute
Category: Book
List Price: $270.00
Buy New: $205.20
You Save: $64.80 (24%)
Buy New/Used from $194.16
Avg. Customer Rating:  (2 reviews)
Sales Rank: 1870699
Languages: English (Original Language), English (Unknown), English (Published)
Media: Hardcover
Edition: 4
Number Of Items: 1
Pages: 914
Shipping Weight (lbs): 4.8
Dimensions (in): 9.7 x 7 x 2.6
ISBN: 1402402279
Dewey Decimal Number: 346
EAN: 9781402402272
ASIN: 1402402279
Publication Date: October 1, 2004
Release Date: October 1, 2004
Availability: Usually ships in 1-2 business days
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| Editorial Reviews:
Product Description
This all-new Fourth Edition of the benchmark one-volume guide to trademark law is marked by extensive new coverage, including vital analysis of: - New trade dress case law interpreting the doctrine of utilitarian functionality in the wake of the Supreme Courts TrafFix decision. - New issues before the Supreme Court regarding dilution protection under the Federal Trademark Dilution Act New Internet cases on jurisdiction and the effect of UDRP arbitration decisions on federal litigation. - New case law under the recently revised Federal Rules of Evidence. - Plus updated material on gray market goods and attorney/client and work product privileges, new tips on reaching settlement agreements, and the latest changes to the T.M.E.P. Filled with dozens of forms, documents, checklists, and color exhibits, Trademark Law provides you with all the field-tested, step-by-step guidance you need to select, search, use, reinforce, renew, defend, and expand trademarks. Comprehensive enough to serve new and experienced practitioners on both sides of trademark disputes, Trademark Law gives you systematic counsel on how to: - Pick highly protectable marks at the outset to minimize problems. - Conduct thorough mark searches that prevent later conflicts. - Establish the priority of marks through continued use. Maintain marks by filing the right affidavits at the right time. - Expand marks while avoiding territorial conflicts. Successfully appeal rejected trademark applications. Gain the competitive edge at trial if clashes must be litigated. Enhanced by a companion CD-ROM that allows you to navigate and implement the books how-to information faster than ever, Trademark Law gives you the protective tools to prove secondary meaning, likelihood of confusion, counterfeiting, dilution, deceptive trade practices, unfair competition, and misappropriation. Trademark Law also offers you equally sound advice on how to defend second comers, by alerting you to ways
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| Customer Reviews:
Some Wild Thoughts March 2, 2000
0 out of 4 found this review helpful
(1) This book would be more practical if it includes some guidance for international practices. As I know, for many big trademark practitioners, U.S. work has become a small portion of their income (probably because it is very much standardized), and international work has increased dramatically because of U.S. trade expansion. It may not be necessary to add a "foreign practice" part, but some basic knowledge, along with a brief summary of, international practice would make this book more helpful to a "trademark practitioner".(2) As to the first part of this book - "what is a trademark". I would make comment: despite all the legal aspect of what is a trademark, it's not far from a scentmark in a lion's territory. A trademark, standing by itself, is nothing but a mark, like a scent is a scent. It doesn't mean a thing. But a scentmark made by a lion on the trees and bushes in his territory means a lot: this is not only his territory, but he means to protect it. All intruders will be eaten - that is, if he can or be driven away. Sometimes, the intruders are more formidable and drive the existing master lion away, or kill it and become the new masters of the pride. And the new one/s will start pee on the trees and bushes to scentmark the new master. The trademark is pretty much like this jungle life. You have a mark, OK. You have to enforce it, by using it, by registering it, by prosecuting infringers (intruders) announce the existence of your market (territory) and keep off potential competitors. Or you lose it. You'll be kicked out of the market or eaten alive. (3) I think in trademark practice, a practitioner should always consult business people who have firsthand knowledge about the real market situation, particularly in case of international practices where large amount of work (and money) is involved. (4) For domain name, I don't understand why identical domain name can't co-exist. For trademark owners of the same name (for different areas of business, of course) they could share the same domain name with a single website listing all the businesses using a certain tld. Then the user may further browse to find exactly which business is of interest to him. Further, there should be some connection between the domain name registration and trademark registration, and let trademark owner (registrant) have priority over those who don't.
Some Wild Thoughts March 1, 2000
0 out of 6 found this review helpful
(1) This book would be more practical if it includes some guidance for international practices. As I know, for many big trademark practitioners, U.S. work has become a small portion of their income (probably because it is very much standardized), and international work has increased dramatically because of U.S. trade expansion. It may not be necessary to add a "foreign practice" part, but some basic knowledge, along with a brief summary of, international practice would make this book more helpful to a "trademark practitioner".(2) As to the first part of this book - "what is a trademark". I would make comment: despite all the legal aspect of what is a trademark, it's not far from a scentmark in a lion's territory. A trademark, standing by itself, is nothing but a mark, like a scent is a scent. It doesn't mean a thing. But a scentmark made by a lion on the trees and bushes in his territory means a lot: this is not only his territory, but he means to protect it. All intruders will be eaten - that is, if he can or be driven away. Sometimes, the intruders are more formidable and drive the existing master lion away, or kill it and become the new masters of the pride. And the new one/s will start pee on the trees and bushes to scentmark the new master. The trademark is pretty much like this jungle life. You have a mark, OK. You have to enforce it, by using it, by registering it, by prosecuting infringers (intruders) announce the existence of your market (territory) and keep off potential competitors. Or you lose it. You'll be kicked out of the market or eaten alive. (3) I think in trademark practice, a practitioner should always consult business people who have firsthand knowledge about the real market situation, particularly in case of international practices where large amount of work (and money) is involved. (4) For domain name, I don't understand why identical domain name can't co-exist. For trademark owners of the same name (for different areas of business, of course) they could share the same domain name with a single website listing all the businesses using a certain tld. Then the user may further browse to find exactly which business is of interest to him. Further, there should be some connection between the domain name registration and trademark registration, and let trademark owner (registrant) have priority over those who don't.
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