This valuable reference gives practitioners complete coverage of all aspects of trademark rights, liabilities, and remedies in both traditional and emerging forms of trademark use and abuse. Topics include establishing liability, equitable relief, preliminary and permanent injunctions, relief and remedies under state law for infringement and unfair competition, and much more.
Trademark Infringement Remedies, Second Edition provides owners and their counsel with the information they need to effectively defend and protect their brands to maintain a trademark’s value. The treatise covers all aspects of trademark rights, liabilities, and remedies in both traditional and emerging forms of trademark use and abuse. It addresses every aspect of civil infringement remedies available today in federal and state courts. The Second Edition discusses necessary elements in establishing liability for trademark and unfair competition; principles for equitable relief and the impact of bad faith on a practitioner’s case; issuance of preliminary and permanent injunctions; wrongful seizure of another’s goods occurring in the area of “extraordinary” relief; attorneys’ fees; availability of special enforcement remedies; relief and remedies under state law for infringement and unfair competition; and special relief available in counterfeiting cases.
The 2016 Cumulative Supplement provides expanded discussion of:
A completely revised chapter on preliminary injunctions adds detailed discussion and citations
An extensive new section addresses circuit by circuit the status of the presumption of irreparable harm after eBay
Discussion of the award of attorneys’ fees after the Supreme Court’s Octane Fitness ruling
In Princeton Vanguard, LLC v. Frito-Lay North America, Inc., the Federal Circuit held there are no “short cuts” in finding a name generic; when a mark involves a phrase or compound term, it must be considered holistically, rather than each word individually
The Ninth Circuit reviewed unique arguments for trademark liability on the internet, and particularly regarding search engines, in Multi Time Machine, Inc. v. Amazon.com, Inc.
The Fourth Circuit in Belmora LLC v. Bayer Consumer Care AG held after Lexmark that some of the federal rights granted by the Lanham Act are not limited to those who use a mark in United States commerce
A federal court in New York held that use of another’s mark alone may also establish that a party has counterfeited in Tiffany & Co. v. Costco Wholesale Corp.
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