Books On Trademark Law:

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Trade Marks: Law and Practice (Paperback) 2nd edition (December 31, 2005)
by Alison Firth, Gary Lea, Peter Cornford

Trademark Law (Paperback) 3rd edition (March 28, 2006) by Robert C. Lind

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Trade Mark Use (Hardcover) (June 16, 2005)
by Jeremy Phillips, Ilanah Simon
"Use" is a concept which is fundamental to modern trade mark law, within the European Union, the US and elsewhere. The use concept is ubiquitous, since it must be understood even before basic issues of registrability, infringement and validity can be resolved. Does use bear the same meaning
in each of these, and other, areas? Written by a team of leading practitioners and academics, this book seeks to address this issue from both a practical and a theoretical perspective.

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Trade Mark Law : A Practical Anatomy (Paperback) (February 26, 2004)
by Jeremy Phillips
This practical, thorough, and detailed account of the key issues facing trade mark use is written by one of the leading authorities on the subject. Drawing on British, European, and US law, plus other sources, the author considers both the problems that trade mark law causes in business and
commerce and how to solve them. Written in a fluent and approachable style, the work contains useful flow charts, examples, and vignettes to capture the essence of trade mark law as it operates in practice.

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The Historical Foundations of the Law Relating to Trade-Marks (Columbia Legal Studies, 1) (Hardcover)
by Munroe Smith (Foreword), Frank I. Schechter
Schechter, Frank I. The Historical Foundations of the Law Relating to Trade-Marks. New York: Columbia University Press, 1925. xxviii, 211 pp. Reprinted 2000 by The Lawbook Exchange, Ltd. LCCN 99-41673. ISBN-13: 978-1-58477-035-0. ISBN-10: 1-58477-035-X. Cloth. New. $65. * What is the exact nature of the nature of the right to a trademark? What is the basis of relief in trademark cases of unfair competition? Schechter unravels these problems as he traces the development of the law of trademarks from medieval times to the early twentieth century. Includes table of cases and statutes, bibliography. Considered to be "...invaluable for starting scholarly research." Marke, A Catalogue of the Law Collection of New York University (1953) 869.

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Trademark: Legal Care for Your Business & Product Name (Paperback)
by Stephen Elias
Names, logos, and other unique corporate identifying marks are the true calling cards of any business, and the third edition of Trademark: Legal Care for Your Business & Product Name, by attorneys Kate McGrath and Stephen Elias, explains in an easy-to-understand fashion how to choose these vital assets properly and then protect them diligently. Revised to reflect changes that have come about because of the advent of cyberspace, it offers clear instructions on initial selections, searches to ensure availability, state and federal registration procedures, correct use, and adjudication of any disputes that result.
Library Journal: Excellent step-by-step instructions for registering a mark, written in plain English with clear examples.

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Trademark Counterfeiting, Product Piracy, and the Billion Dollar Threat to the U.S. Economy  
by Paul R. Paradise
From Library Journal
In today's high-tech world, pirates no longer roam the seas in search of bounty. Instead, they work all over the world, misusing official trademarks, peddling inexpensive "knock-offs" of well-known brands, and selling inferior counterfeit products (all of which resulted, in 1995, in an estimated $200 billion loss to the U.S. economy). Paradise, a freelance electronics, law, and entertainment journalist, here collects articles (many previously published) on global piracy. In one, he delivers a fascinating first-hand account of the U.S.-China trade dispute and the negotiations that prevented a U.S. trade embargo against China; in another, he focuses on a private investigator working to counter the counterfeiters. A chapter on the impact of cyberspace nicely updates this otherwise disjointed assortment of stand-alone pieces. As geopolitical barriers to trade are increasingly dismantled, this book will continue to be a useful reference for law or business collections.ADale F. Farris, Groves, TX
Copyright 1999 Reed Business Information, Inc.
“As geopolitical barriers to trade are increasingly dismantled, this book will continue to be a useful reference for law or business collections.”–Library Journal
“Paradise's knack for organization and precision in research served him well for his new book a comprehensive collection of counterfeiting history, impact and methods as well as a wealth of anecdotal information.”–Current
“In short, while this book provides a starting point for those seeking extensive analysis of intellectual property issues, it also would be a valuable resource for practitioner who want to insure that they will not miss relevant issues that may be outside the scope of their primary expertise.”–The Trademark Reporter
“This work is an important resource.”–Entertainment and Sports Lawyer
“A must read by any student of, or investigator concerned with the theft of intellectual property rights.”–Focus International

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Trademark & Copyright Disputes: Litigation Forms and Analysis : by Gregory J. Batters, Charles W. Grimes

Trademark Dilution: Federal, State, and International Law (June 2002) by David S. Welkowitz
Stay up-to-date and expertly informed in this unpredictable area of the law.
Trademark Dilution: Federal, State, and International Law describes and analyzes the full range of dilution law—which received its first treatment by the U.S. Supreme Court in 2004—including the Federal Trademark Dilution Act (FTDA), state antidilution laws, and international law. The author’s discussion of the case law under FTDA, analyzing the federal courts’ narrow interpretation of the statute, helps you effectively counsel clients and litigate cases. This landmark treatise also examines the various relevant state laws in detail; describes the many differences between them; and discusses the case law analyzing state statutes, much of which developed before the FTDA was enacted.
Trademark Dilution: Federal, State, and International Law covers such important areas as:
--dilution on the Internet and interaction with the Anticybersquatting Consumer Protection Act (ACPA) --relationship between trade dress and dilution --comparison of state antidilution laws, including those patterned after the Federal Trademark Dilution Act (FTDA) and those that differ significantly from the federal statute --actual versus likelihood of dilution --extensive discussion of what constitutes a "famous" mark --international agreements that include trademark dilution protection --and much more.

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Trademark Law: A Practitioner's Guide (Practising Law Institute intellectual property law library)
by Siegrun D. Kane
Jeffrey M. Samuels, Esq., Former Assistant Commissioner for Trademarks, PTO
"A reference tool that all trademark attorneys, both those who prosecute and those who litigate, should have close at hand."
David Gould, Corporate Trademark Counsel, E.I. DuPont de Nemours and Company
"An outstanding reference that is clear, concise, and easy to use."
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 of discrediting plaintiffs survey evidence and to affirmative defenses to plaintiffs trademark actions.
Siegrun D. Kane, a partner in the New York City law firm of Morgan & Finnegan, L.L.P., received her B.A. (cum laude) from Mount Holyoke College and her J.D. from Harvard University. She has specialized in trademark, copyright, and unfair competition law for over thirty years and is a frequent lecturer for the Practising Law Institute, the American Bar Associate, and other continuing legal education organizations. Mrs. Kane is a designated member of the INTA Panel of Neutrals and serves on various advisory boards, including the Trademark Advisory Committee to the U.S. Patent and Trademark and Copyright Journal, and the McCarthy Center for Intellectual Property and Technology Law at the University of San Francisco.

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Likelihood of Confusion in Trademark Law (Hardcover) Practising Law Institute (January 1, 2005) by Richard L. Kirkpatrick
Martha Sarra, Trademark Counsel, The Kroger Co.
"[Kirkpatrick] gets to the heart of likelihood of confusion and explains what every trademark lawyer needs to know."
Get a solid, hands-on grasp of all the essential factors used by the courts to determine if likelihood of confusion exists in trademark disputes, including full step-by-step coverage of the dominant multiple-factor test.
Likelihood of Confusion in Trademark Law enables you to conduct effective trademark searches and avoid disputes -- establish the strength of a mark -- prove actual confusion -- add features to make marks truly distinctive -- prove rightful intent for junior users -- and more - all with the aid of checklists and hundreds of defining examples.

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The Entrepreneur's Guide to Patents, Copyrights, Trademarks, Trade Secrets & Licensing (August 3, 2004)
by Jill Gilbert
Clear, comprehensive advice from an intellectual property lawyer--for every artist, inventor, and small business owner.
Today, virtually all companies, artists, and innovators run the risk of losing their competititve edge-and big money-by not adequately safeguarding their intellectual property. Written by an expert in intellectual property law, this is the first book to address the full range of legal protections available-patents, copyrights, trademarks, trade secrets, and licensing-with innovative information you won't find elsewhere, including:
€ Legal landmines every successful entrepreneur must avoid
€ Business practices that can be protected-but are often overlooked
€ Protecting your intellectual property on the Internet
€ What are your ideas and the rights to them really worth?
€ Why trade secrets are a powerful and under-utilized protection
€ Lessons learned from Amazon.com, Microsoft, and other elite entrepreneurs
€ How even smart, savvy AOL lost exclusive trademarks, including "YOU'VE GOT MAIL!"
The Entrepreneur's Guide to Patents, Copyrights, Trademarks, Trade Secrets and Licensing is the definitive guide for the entrepreneur and innovator who is ready to protect what he or she has created-a
Jill Gilbert is an intellectual property attorney currently pursuing a Masters Degree in Computer Science and admitted to practice before theUnited States Patent and Trademark Office. She also holds a Masters Degree in Accountancy and a Master of Law (Llm) degree in taxation. She has authored seven books including such titles as PcAnywhere for Dummies, The Quickbooks Bible, and Teach Yourself TurboTax in 24 Hours, and is the coauthor of Online Investing Bible.

Don't be too descriptive with trademarks.(Law of the Line): An article from: Hawaii Business [HTML] (Digital)
by Robert Carson Godbey
This digital document is an article from Hawaii Business, published by Hawaii Business Publishing Co. on March 1, 2005. The length of the article is 429 words. The page length shown above is based on a typical 300-word page. The article is delivered in HTML format and is available in your Amazon.com Digital Locker immediately after purchase. You can view it with any web browser.
Citation Details
Title: Don't be too descriptive with trademarks.(Law of the Line)
Author: Robert Carson Godbey
Publication: Hawaii Business (Magazine/Journal)
Date: March 1, 2005
Publisher: Hawaii Business Publishing Co.
Volume: 50 Issue: 9 Page: 65(1)
Excerpt. © Reprinted by permission. All rights reserved.
Lasting Impressions and KP Permanent Make-Up both sell special makeup that can be injected under the skin to hide injuries and--in the words of the court--to "modify nature's dispensations." Lasting Impressions registered a trademark in the terms "Micro Colors." KP produced advertising materials using the term "microcolors" to describe its products. Lasting sued for trademark infringement and KP defended, claiming a fair use of the term, which the trademark statute recognizes as a defense to allegations of infringement. The case made it all the way to the U.S. Supreme Court.

  1. Trade Mark Use
  2. Trade Mark Law : A Practical Anatomy
  3. The Historical Foundations of the Law Relating to Trade-Marks
  4. Trademark: Legal Care for Your Business & Product Name
  5. Trademark Law by Robert C. Lind
  6. Likelihood of Confusion in Trademark Law
  7. Trademark Law: A Practitioner's Guide
  8. Trade Marks Law and Practice
  9. Trademark & Copyright Disputes: Litigation Forms and Analysis
  10. Trademark Dilution: Federal, State, and International Law
  11. The Entrepreneur's Guide to Patents, Copyrights, Trademarks, Trade Secrets & Licensing
  12. Don't be too descriptive with trademarks
  13. Trademark Counterfeiting, Product Piracy, and the Billion Dollar Threat to the U.S. Economy

Patents, copyrights, trademarks, trade secrets, and licensing