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Trade Dress and Design Law

Trade Dress and Design Law
Author: Graeme B. Dinwoodie
Publisher: Aspen Publishing
Total Pages: 804
Release: 2024-03-12
Genre: Law
ISBN: 1543846599

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A student-friendly text offering an integrated treatment of the different forms of intellectual property protection available for trade dress and designs. Featuring succinct yet in-depth exploration of the protection of trade dress and designs under the laws of trademark and unfair competition, design patent, copyright, and sui generis protection regimes. This book can be used as the main text in an advanced course devoted to trade dress and designs, or may be used as a supplemental text for a variety of intellectual property courses. A substantial chapter on European design laws is also included. New to the 2nd Edition: Substantially updated and rewritten chapters on design patent law reflecting major recent developments Trade dress chapters that reflect recent doctrinal refinements and the application of core Supreme Court decisions such as Wal-Mart and TraFix Revised treatment of copyright protection for designs of useful articles in the wake of the Supreme Court’s Star Athletica decision Enhanced coverage of European design protection Professors and students will benefit from: Analysis and comparison of the protection of trade dress and designs under numerous intellectual property regimes. A detailed exploration of the protection of trade dress and designs under trademark and unfair competition laws. Thorough treatment of design patent law, an area that is neglected in most student texts on intellectual property. Exploration of the application of copyright protection to pictorial, graphic, and sculptural works, architectural works, and works of visual art, among others. Coverage of sui generis design protection regimes.


Functionality of Trade Dress

Functionality of Trade Dress
Author: Stephen F. Mohr
Publisher:
Total Pages: 107
Release: 1994
Genre: Trademarks
ISBN: 9780939190157

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Functionality of Trade Dress

Functionality of Trade Dress
Author: Stephen F. Mohr
Publisher:
Total Pages: 51
Release: 1991
Genre: Law
ISBN:

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U.S. Trade Dress Law

U.S. Trade Dress Law
Author: Glenn Mitchell
Publisher:
Total Pages: 296
Release: 2002
Genre: Labels
ISBN:

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The Supreme Court and Trade Dress - A Short Comment

The Supreme Court and Trade Dress - A Short Comment
Author: William P. Kratzke
Publisher:
Total Pages: 0
Release: 2011
Genre:
ISBN:

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In the space of nine years, the United States Supreme Court decided four cases concerning trade dress and functionality. The Court broadened the doctrine of functionality - and narrowed trade dress protection for product configuration (not packaging) trade dress. The Court quite correctly concluded that a product configuration, while potentially a source identifier for consumers, is not to be treated as if it were a more ordinary trademark for the simple reason that consumers - the people for whom trademark law exists rather than the competitors who serve them - do not expect such trade dress to serve an identificatory or informational function, i.e., to function as a trademark. An important consequence of this distinction is that inconsistent characteristics of traditional trademarks are not necessarily inconsistent in the context of product configuration. Inherent distinctiveness does not preclude the possibility that a product feature mark might be functional, that its use by competitors might not be likely to confuse consumers, or that its distinctiveness has no identificatory and informational power and so is not a valid trademark. If a product feature is desirable for any reason other than for its identificatory and informational power, it is functional. Non-patented, non-copyrighted, unrecognized product feature trade dress should not put competitors at any disadvantage. According consumers a paramount place in the competitive market economy requires that § 43(a) of the Lanham Act not be a surrogate for patent or copyright protection.


Trade Dress and Design Law

Trade Dress and Design Law
Author: Graeme B. Dinwoodie
Publisher: Aspen Publishing
Total Pages: 804
Release: 2024-03-12
Genre: Law
ISBN: 1543806775

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Buy a new version of this textbook and receive access to the Connected eBook on Casebook Connect, including lifetime access to the online ebook with highlight, annotation, and search capabilities. Access also includes an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. A student-friendly text offering an integrated treatment of the different forms of intellectual property protection available for trade dress and designs. Featuring succinct yet in-depth exploration of the protection of trade dress and designs under the laws of trademark and unfair competition, design patent, copyright, and sui generis protection regimes. This book can be used as the main text in an advanced course devoted to trade dress and designs, or may be used as a supplemental text for a variety of intellectual property courses. A substantial chapter on European design laws is also included. New to the 2nd Edition: Substantially updated and rewritten chapters on design patent law reflecting major recent developments Trade dress chapters that reflect recent doctrinal refinements and the application of core Supreme Court decisions such as Wal-Mart and TraFix Revised treatment of copyright protection for designs of useful articles in the wake of the Supreme Court’s Star Athletica decision Enhanced coverage of European design protection Professors and students will benefit from: Analysis and comparison of the protection of trade dress and designs under numerous intellectual property regimes. A detailed exploration of the protection of trade dress and designs under trademark and unfair competition laws. Thorough treatment of design patent law, an area that is neglected in most student texts on intellectual property. Exploration of the application of copyright protection to pictorial, graphic, and sculptural works, architectural works, and works of visual art, among others. Coverage of sui generis design protection regimes.


Better by Design

Better by Design
Author: Robert Unikel
Publisher:
Total Pages: 31
Release: 1995
Genre: Trademarks
ISBN:

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Intellectual Property in the New Technological Age

Intellectual Property in the New Technological Age
Author: Robert P. Merges
Publisher: Aspen Publishers
Total Pages: 584
Release: 2008
Genre: Law
ISBN:

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The Intellectual Property laws change nearly every year. To keep your course up to date, rely on this comprehensive 2008 Case and Statutory Supplement to provide the latest legislative and international developments in all areas of Intellectual Property. Up-to-date developments in case law, including : changes in patentable subject matter And The law of willfulness new developments in digital copyright updated treatment of trademark use the first cases interpreting the Trademark Dilution Revision Act Updating Patent Law, Trademark Law, and Copyright Law : The Copyright Act The Lanham Act International Agreements Legislative Developments