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Privilege to Compete; Obtaining Trademark Rights; Types of Trademarks; Shape, Color and Trade Dress; Trademark Infringement; Dilution; Permissible Uses of Another's Mark; Copyrightable Subject Matter; Publication; Copyright Formalities; Joint Works and Works Made for Hire; Rights of Copyright Owners; Copyright Infringement; Fair Use; Misappropriation Doctrine; Right of Publicity; Preemption of State Law; Types of Patents; Patent-Eligible Subject Matter; Novelty; Statutory Bar; Non-Obviousness; Utility; Patent Application Procedure; Patent Infringement; Trade Secret Law; State False Advertising and Disparagement Law; Lanham Act Claims for False Advertising and Disparagement; F.T.C. Unfairness Doctrine; F.T.C. Deception Doctrine; Advertising Substantiation; F.T.C. Remedies; F.T.C. Rule-making; Consumer Remedies; Price Discrimination Under the Robinson-Patman Act; Harm to Primary-Line Competition; Harm to Secondary-Line Competition; Cost Justification and Meeting Competition Defenses; Advertising Allowances; Buyer Liability for Price Discrimination.
This Nutshell covers many areas of law under the unfair trade practices umbrella. These areas include unfair competition, antitrust, consumer protection, regulated industries, and labor. Covers intellectual property, trade secrets, and trademarks. Also touches on the law governing interference with contractual and non-contractual relations.
First published in 1917, this volume is a detailed guide to the laws governing unfair trade practices in the United States. It covers a wide range of topics, including trade-marks, trade secrets, and good-will, and provides practical advice on how to protect one's intellectual property. The author, James Love Hopkins, was an expert in the field and his work remains a valuable resource for legal practitioners and scholars. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
This work provides a comprehensive treatment of all three major branches of intellectual property law, surveying basic principles and emerging issues. The book summarizes what is clear, identifies what is unsettled, and offers concise views on how some open issues might be sensibly resolved. This text also deals with a variety of related intellectual property topics, including state laws governing the misappropriation of intangibles, state protection for the right of publicity and for trade secrets, and both federal and state rules concerning false advertising and deceptive trade practices. The authors use numerous examples to guide you through various technical areas.
Published in 1996. These model provisions were prepared by the WIPO secretariat and give, where appropriate, explanatory notes on the provisions in question. There are a total of six articles, ranging from general principles to causing confusion, damaging goodwill or reputation, misleading the public and the use of secret information.
"Unfair trading practices" is generally defined as consisting of deceptive, fraudulent, or otherwise injurious conduct, referring to practices that directly affect consumers or competitors. In business-to-consumer relationships, unfair trading practices may involve misleading claims and advertising, conditional selling, excessive pricing, discriminatory pricing, and other misrepresentations. In business-to-business relationships, the prohibited conduct may be trade mark infringement, misappropriation, false advertising, bait-and-switch sales tactics, unauthorized substitution of brands of goods, use of confidential information by a former employee to solicit customers, theft of trade secrets, breach of a restrictive covenant, trade libel, and false representation of products or services. In this edition of the Comparative Law Yearbook of International Business, practicing lawyers from Argentina, Austria, Brazil, China, Germany, Italy, Japan, Poland, South Africa, South Korea, Sweden, the United Kingdom, the United States, and the European Union examine unfair trading practices in their respective jurisdictions.
Dealing with rights and developments at the margin of classic intellectual property, this fascinating book explores emerging types of regulations and how existing IP regimes inform and influence the judicial and legislative creation of _substitute‘ IP