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This treatise provides trademark owners and their counsel the guidance they need to effectively defend and protect their brands and maintain the value of trademarks. It covers all aspects of trademark rights, liabilities, and remedies, as well as the civil infringement remedies available today in federal and state courts, and provides keen insight from expert practitioners. The Third 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 thoroughly revised Third Edition includes extensively updated chapters on The Origin of Trademark Rights and the Nature of the Interests Protected, and General Principles. Other new discussions in the Third Edition include the following:
The Federal Circuit’s ruling in Princeton Vanguard, LLC v. Frito-Lay North America, Inc., rejecting the Trademark Trial and Appeal Board’s statement that there are two different tests that can be used to analyze genericness
The Federal Circuit’s decision in In reDriven Innovations, Inc.,in which the court explained that when a mark fails to cause an “instantaneous” mental leap to the attributes of the goods or services, suggestiveness is strongly indicated
In Romag Fasteners, Inc. v. Fossil, Inc., the Federal Circuit (applying Second Circuit law) reviewed the state of the law in the Second Circuit and concluded that willfulness is a requirement for an award of profits
Expanded discussions on plaintiff’s damages, including barriers to double recovery and measurement of lost profits
Examination of how courts are treating requests for fees after Octane Fitness, including decisions by the Fifth Circuit in Vetter v. McAtee and the Ninth Circuit in SunEarth, Inc. v. Sun Earth Solar Power Co.
And much more
unfair competition; and special relief available in counterfeiting cases.
The 2018 Supplement includes the following:
The Fifth Circuit held in Viacom Int’l, Inc. v. IJR Capital Investments that even a fictional use of a trademark (in this case The Krusty Krab) can create trademark rights so long as the fictional mark at issue serves as an indication of origin
After the Third Circuit’s decision in the Groupe SEB case that typical likelihood of confusion evidence may support an inference that irreparable injury is likely, a district court in that circuit in Rann Pharmacy, Inc. v. Shree Navdurga LLC denied a motion for preliminary injunction solely based on the irreparable injury requirement
The Ninth Circuit in Adidas Am., Inc. v. Skechers USA, Inc. affirmed a finding of irreparable harm based on evidence of likely harm to reputation and goodwill
In Stone Creek, Inc. v. Omnia Italian Design, Inc., the Ninth Circuit affirmed the willfulness requirement as a prerequisite for awarding a defendant’s profits and expressly endorsed the Federal Circuit’s view that the 1999 amendment did not affect prior precedent
A federal district court in New York in Innovation Ventures, LLC v. Ultimate One Distrib. Corp. found an award of attorneys’ fees appropriate based on the threat to public safety presented by defendants’ conduct
A new topic discusses the EU General Data Protection Regulation (“GDPR”), effective May 25, 2018
A new topic reviews the applicability of “the server test” to trademark infringement
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