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Trademarks and Unfair Competition: Law and Policy, Seventh Edition

Authors
  • Graeme B. Dinwoodie
  • Mark D Janis
  • Mark P McKenna
Series / Aspen Casebook Series
Description
Table of contents
Preface

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In the new edition of this leading casebook on trademarks and unfair competition, Graeme B. Dinwoodie and Mark D. Janis are joined by Mark P. McKenna of UCLA. The addition of McKenna, a renowned teacher and scholar who has used the casebook for two decades, ensures that the casebook continues to present the subject in a clear, accessible, and up-to-date fashion while tackling difficult questions in a sophisticated manner.

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 7th Edition: 

  • Incorporates prominent new Supreme Court decisions, including the Jack Daniel’s case on expressive use of marks, the Elster case on the concordance of registration bars with the dictates of the First Amendment, and the Abitron case revising the Court’s view on extra-territorial application of the Lanham Act 
  • Introduces useful new cases illustrating fundamental principles 
  • Augments prior treatment of emerging doctrine of “failure to function” and addresses the conceptual location of that doctrine within a conventional trademark law framework 
  • Deepens coverage of trade dress (including the Timberlane boot and Watermelon wedge opinions) 
  • Probes new developments in online marketing, including recent appellate cases seeking to bring together two decades of jurisprudence on keyword advertising 
  • Up to date with pending challenges to contested developments, such as efforts to rein in broad merchandising claims 
  • Refines treatment of defenses, including the Rogers rule on expressive use post-Jack Daniel’s and new appellate decisions on descriptive and nominative fair use 
  • Includes material on new remedial mechanisms, such as so-called “Schedule A “cases 

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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Table of contents

SUMMARY OF CONTENTS

Contents 
Preface to Seventh Edition 
Preface to First Edition 


Part I Foundations and Purposes of Trademark and Unfair
Competition Law 
Chapter 1 Introduction to Trademark and Unfair Competition Law 
Part II Creation of Trademark Rights 
Chapter 2 Distinctiveness 
Chapter 3 Functionality 
Chapter 4 Use 
Chapter 5 Registration 
Part III Scope and Enforcement of Trademark Rights 
Chapter 6 Geographic Limits on Trademark Rights 
Chapter 7 Confusion-Based Trademark Liability Theories 
Chapter 8 Non-Confusion-Based Trademark Liability Theories 
Chapter 9 Permissible Uses of Another’s Trademarks 
Chapter 10 False Advertising 
Chapter 11 Trade Identity Rights in One’s Persona: Endorsement,
Attribution, and Publicity 
Chapter 12 Remedies 


Table of Cases 
Index 

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Professor Materials
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Student Materials:
Fall 2026 Update (PDF)
About the authors
Graeme B. Dinwoodie
Co-Director of the Program in Intellectual Property Law
University Distinguished Professor

Global Professor of Intellectual Property Law

Chicago-Kent College of Law

Graeme B. Dinwoodie is a prolific intellectual property scholar of international renown. From 2009 to 2018, he was a 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, Dinwoodie was a professor of law at Chicago-Kent College of Law for several years. During that time, Dinwoodie led Chicago-Kent’s program in intellectual property law, helping to build the program’s international reputation. From 2005 to 2009, he also held a chair in intellectual property law position at Queen Mary College, University of London.

Dinwoodie rejoined the law school 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. In 2020 he was inducted into the IP Hall of Fame.

Dinwoodie is the author of many books and casebooks, including A Neofederalist Vision of TRIPS: The Resilience of the International Intellectual Property Regime (Oxford University Press 2012, with R. Dreyfuss), Trademarks and Unfair Competition: Law and Policy (sixth edition 2022, with M. Janis), Trade Dress and Design Law (2010, with M. Janis), and International Intellectual Property Law and Policy (second edition 200, with W. Hennessey, S. Perlmutter, and G. Austin). He is also the author of dozens of articles, book chapters, and other substantial works, including 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.

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 and Northwestern University Pritzker School of Law.

Dinwoodie first joined the Chicago-Kent faculty in 2000 from the University of Cincinnati College of Law, where he was a three-time recipient of the Goldman Prize for Excellence in Teaching. In 2001 he was named a Norman and Edna Freehling Scholar, and he was elected to membership in the American Law Institute in 2003. In 2008 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.

Dinwoodie has served as a consultant to the World Intellectual Property Organization on matters of private international law, as an adviser to the American Law Institute Project on Principles on Jurisdiction and Recognition of Judgments in Intellectual Property Matters, and as a consultant to the United Nations Conference on Trade and Development on the Protection of Traditional Knowledge. He currently serves as an adviser on the ALI’s project on the Restatement of Copyright Law. He is a past chair of the Intellectual Property Section of the Association of American Law Schools and was president of the International Association for the Advancement of Teaching and Research in Intellectual Property (ATRIP) from 2011 to 2013.

Prior to teaching, Dinwoodie had been an associate with Sullivan and Cromwell in New York, concentrating in the practice of intellectual property law and in commercial, corporate, and international litigation. Dinwoodie holds an LL.B. 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
Robert A. Lucas Chair and Professor of Law Director, Center for Intellectual Property Research
Indiana University Maurer School of Law

Mark D. Janis teaches courses in patents, trademarks, and other areas of intellectual property law. He is the Robert A. Lucas Chair of Law and the Director of the Center for Intellectual Property Research. Janis has authored a number of books, including the treatise IP and Antitrust (with Hovenkamp, Lemley, Leslie, and Carrier), Intellectual Property Protection for Plants (with Jervis and Peet), Trademarks and Unfair Competition in a Nutshell, three casebooks (Trademarks and Unfair Competition: Law and Policy and Trade Dressand Design Law, both with Dinwoodie; and Patent Law: An Open Access Casebook, with Sichelman). With Graeme Dinwoodie, he has edited several additional collections of trademark law scholarship. He has published numerous law review articles and book chapters on patent law, intellectual property and antitrust, trademark law, intellectual property protection for plants, and intellectual property protection for designs. Janis has won awards for his teaching at Indiana (the Leon H. Wallace Teaching Award and the Trustees Teaching Award) and at Iowa (the Collegiate Teaching Award). At Iowa, he also was awarded a Faculty Scholar Award. In 2008, he and Prof. Dinwoodie won the International Trademark Association’s Ladas Award Winner for the article Confusion Over Use: Contextualism in Trademark Law, 92 Iowa L. Rev. 1599 (2007). In 2018, he was elected to the American Law Institute. He has taught as a visiting instructor in intellectual property programs at the Munich Intellectual Property Center; Oxford University; the University of Victoria (British Columbia); and the University of Washington School of Law. Prior to joining the faculty at Indiana, Professor Janis was the H. Blair & Joan V. White Chair in Intellectual Property Law at the University of Iowa College of Law. He practiced patent law at Barnes & Thornburg (Indianapolis) from 1989 to 1995.

Mark P. McKenna
Professor of Law
Faculty Co-Director, UCLA Institute for Technology, Law & Policy UCLA School of Law

Professor Mark P. McKenna is the Vice Dean of Faculty & Intellectual Life and teaches and writes in the areas of intellectual property and privacy law. Though his core area of expertise is trademark law, where he is widely recognized as a leading expert, Professor McKenna has written broadly on nearly every area of intellectual property, including utility patent, design patent, copyright, and the right of publicity. He has also written more generally on innovation and technology policy. Much of his most recent work has focused on the intersection of intellectual property rights regimes and the intersection of IP rights with adjacent rights.

Professor McKenna is Faculty Co-Director of the UCLA Institute for Technology, Law & Policy, a partnership between the UCLA School of Law and UCLA Samueli School of Engineering that examines the benefits and risks presented by technologies such as artificial intelligence and machine learning, robotics, cybersecurity and digital media and communications. He was previously Faculty Co-Director of the Ziffren Institute for Entertainment, Media, Technology & Sports Law, with which he remains actively involved as an affiliated faculty member.

Prior to joining the UCLA faculty, Professor McKenna was the John P. Murphy Foundation Professor of Law at the Notre Dame Law School. He was the founding Director of the Notre Dame Technology Ethics Center, a university-wide, multi-disciplinary research center focused on the social and ethical implications of emerging technologies. Professor McKenna has also been a member of the faculty at Saint Louis University School of Law, and a visiting faculty member at Stanford Law School, the University of Toronto Faculty of Law, the Turin University-WIPO Master of Laws in Intellectual Property Program, and the Munich Intellectual Property Law Center at the Max Planck Institute.

Professor McKenna is a co-founder of and of counsel to Lex Lumina PLLC, a boutique intellectual property and technology law firm. Prior to entering academia, he practiced full time with an intellectual property firm in Chicago, where he primarily litigated trademark and copyright cases.

Product Information
Edition
Seventh Edition
Publication date
2026-06-26
Copyright Year
2026
Pages
1232
Print + eBook
9798894109664
eBook
9798894109688
LLPOD
9798894109701
Looseleaf
9798894109671
Subject
Trademark Law , Intellectual Property
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