Price: $545 Main Volume
Meet The Author
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
Summary of Contents
Part I. Introduction
Chapter 1. The Origins of Trademark Rights and the Nature of the Interests Protected
Chapter 2. Establishing Trademark and Unfair Competition Liability
Part II. Injunctive Relief
Chapter 3. General Principles
Chapter 4. Preliminary Injunctions
Chapter 5. Permanent Injunctions
Chapter 6. Extraordinary Circumstances and Relief
Part III. Monetary Relief
Chapter 7. Defendant’s Profits
Chapter 8. Plaintiff’s Damages
Part IV. Miscellaneous Civil Remedies
Chapter 9. Attorneys’ Fees
Chapter 10. Special Enforcement Remedies
Chapter 11. State Law Remedies for Trademark Infringement and Unfair Competition
Chapter 12. Special Remedies for Counterfeit
Chapter 13. Remedies for Trademark Infringement and Unfair Competition on the Internet
Table of Contents • Index
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