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Trademarks and Unfair Competition: Law and Policy, Sixth Edition

Authors
  • Graeme B. Dinwoodie
  • Mark D. Janis
Series / Aspen Casebook Series
Teaching Materials
NO
Description
Table of contents
Preface

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.

The new edition of this leading casebook on trademark and unfair competition by Graeme B. Dinwoodie and Mark D. Janis continues to present the subject in a clear, accessible, and up-to-date fashion.

The many strands of trademark and unfair competition doctrine are organized into a coherent conceptual framework consisting of a brief examination of foundational concepts, followed by thorough treatments of the law on (1) the creation of trademark rights; and (2) the scope and enforcement of trademark rights and some related causes of action. The traditional case-and-note format is enhanced by problems that help students understand intricate key topics.

New to the 6th Edition: 

  • Incorporates prominent new decisions, including the Booking.com case on genericness and the Brunetti case on vulgar marks
  • Introduces useful new cases illustrating fundamental principles, such as the METCHUP case  
  • Deepens coverage of trade dress (including the POCKY functionality opinion)
  • Probes new developments in online marketing
  • Refines treatment of defenses, including the Rogers rule on expressive use and nominative fair use
  • Summarizes the Trademark Modernization Act of 2020
Professors and students will benefit from:
  • Coherent conceptual framework clearly delineating creation of rights and enforcement of rights issues
  • Traditional case-and-note format, enhanced by problems that help students understand intricate key topics
  • Thorough coverage of trademark issues arising in online commerce
  • Integrated coverage of international and domestic doctrine
  • Comprehensive treatment of trade dress protection
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Professor Materials
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Student Materials:
Fall 2024 Update (PDF)
About the authors
Graeme B. Dinwoodie
Professor
University of Oxford

Professor Dinwoodie is a prolific intellectual property scholar of international renown. From 2009 to 2018, he was Professor of Intellectual Property and Information Technology Law at the University of Oxford, where he was also Director of the Oxford Intellectual Property Research Centre and a Professorial Fellow of St. Peter’s College. Immediately prior to taking up the IP Chair at Oxford, Professor Dinwoodie was for several years a Professor of Law at Chicago-Kent College of Law, where he led the Program in Intellectual Property Law. From 2005 to 2009, he also held a Chair in Intellectual Property Law at Queen Mary College, University of London. Professor Dinwoodie rejoined the Chicago-Kent faculty in 2016 as a University Professor, an appointment reserved for 'highly distinguished faculty who may be appointed by the President [of Illinois Institute of Technology] in recognition of their national reputations.' And in 2018, he returned full-time to Chicago-Kent upon his appointment as Global Professor of Intellectual Property Law. He remains a Visiting Professor of Law at the University of Oxford.

Professor Dinwoodie is the author of many books and casebooks; dozens of articles, book chapters and other substantial works; and numerous essays and shorter works. His scholarship is widely cited by scholars in the United States and abroad. He received the 2008 Ladas Memorial Award from the International Trademark Association for his article Confusion Over Use: Contextualism in Trademark Law (with M. Janis). He is considered a leading international authority in trademark law, design law, and international intellectual property law, and is regularly invited to speak at numerous conferences and institutions around the world. Professor Dinwoodie has held a number of visiting or honorary positions, including as the Yong Shook Lin Visiting Professor of Intellectual Property Law at the National University of Singapore, a Global Professor of Law at New York University School of Law, an Honorary Professor of Law at the University of Strasbourg, the George P. Smith II Distinguished Visiting Chair at Indiana University Maurer School of Law, and a visiting professor of law at the University of Pennsylvania School of Law. In 2008, Professor Dinwoodie received the Pattishall Medal for Teaching Excellence in the field of trademarks and trade identity law—awarded only once every four years—from the International Trademark Association. In 2020, Professor Dinwoodie was inducted into the IP Hall of Fame. Professor Dinwoodie holds an LL.B. degree in Private Law (First Class Honors) from the University of Glasgow, an LL.M. from Harvard Law School, and a J.S.D. from Columbia Law School. He was the Burton Fellow in residence at Columbia Law School for 1988-89, working in the field of intellectual property law, and a John F. Kennedy Scholar at Harvard Law School for 1987–88.

Mark D. Janis
Indiana University–Bloomington

Mark D. Janis teaches at Indiana University Maurer School of Law as a Robert A. Lucas Chair and Professor of Law and writes in the fields of patents, trademarks, unfair competition, and intellectual property antitrust. He has a particular interest in intellectual property rights in plants and plant biotechnology. He has published numerous law review articles and is co-author of a two-volume treatise, IP and Antitrust (with Hovenkamp and Lemley), a casebook, Trademarks & Unfair Competition: Law and Policy (with Dinwoodie), and several other books on trademark law. He is a 2000-2001 recipient of the University of Iowa Collegiate Teaching Award. He was named a University of Iowa Faculty Scholar for 2002-2006 to conduct research on intellectual property rights in plant biotechnology. In 2006, he was named the H. Blair & Joan V. White Intellectual Property Law Chair at the University of Iowa College of Law. He joined the faculty at the IU Maurer School of Law in 2009. Professor Janis earned his JD summa cum laude in 1989 from the Indiana University Maurer School of Law, and his BS with distinction in 1986 in Chemical Engineering from Purdue University. He is a registered patent attorney and a member of the Indiana bar. Prior to entering law teaching, Professor Janis practiced patent law with Barnes & Thornburg in Indianapolis, Indiana, from 1989-1995.

Product Information
Edition
Sixth Edition
Publication date
2022-07-15
Copyright Year
2022
Pages
1112
Connected eBook + Hardcover
9781543847451
Looseleaf
9798886140620
Connected eBook (Digital Only)
9798886140026
Subject
Trademark Law
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