Intellectual Property Unfair Competition And Publicity

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Intellectual Property, Unfair Competition and Publicity

Author : Nari Lee,Guido Westkamp,Annette Kur,Ansgar Ohly
Publisher : Edward Elgar Publishing
Page : 379 pages
File Size : 48,5 Mb
Release : 2014-04-25
Category : Law
ISBN : 9780857932624

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Intellectual Property, Unfair Competition and Publicity by Nari Lee,Guido Westkamp,Annette Kur,Ansgar Ohly Pdf

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

Unfair Trade Practices and Intellectual Property

Author : Roger E. Schechter
Publisher : West Academic Publishing
Page : 364 pages
File Size : 47,8 Mb
Release : 1993
Category : Law
ISBN : STANFORD:36105061069758

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Unfair Trade Practices and Intellectual Property by Roger E. Schechter Pdf

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.

Model Provisions on Protection Against Unfair Competition

Author : World Intellectual Property Organization
Publisher : WIPO
Page : 71 pages
File Size : 43,9 Mb
Release : 1996
Category : Competition, International
ISBN : 9789280506426

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Model Provisions on Protection Against Unfair Competition by World Intellectual Property Organization Pdf

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.

Intellectual Property and Unfair Competition in a Nutshell

Author : Charles R. McManis
Publisher : West Publishing Company
Page : 736 pages
File Size : 49,7 Mb
Release : 2000
Category : Business & Economics
ISBN : STANFORD:36105061756032

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Intellectual Property and Unfair Competition in a Nutshell by Charles R. McManis Pdf

The Right of Publicity

Author : Jennifer E. Rothman
Publisher : Harvard University Press
Page : 236 pages
File Size : 42,5 Mb
Release : 2018-05-01
Category : Law
ISBN : 9780674986350

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The Right of Publicity by Jennifer E. Rothman Pdf

Who controls how one’s identity is used by others? This legal question, centuries old, demands greater scrutiny in the Internet age. Jennifer Rothman uses the right of publicity—a little-known law, often wielded by celebrities—to answer that question, not just for the famous but for everyone. In challenging the conventional story of the right of publicity’s emergence, development, and justifications, Rothman shows how it transformed people into intellectual property, leading to a bizarre world in which you can lose ownership of your own identity. This shift and the right’s subsequent expansion undermine individual liberty and privacy, restrict free speech, and suppress artistic works. The Right of Publicity traces the right’s origins back to the emergence of the right of privacy in the late 1800s. The central impetus for the adoption of privacy laws was to protect people from “wrongful publicity.” This privacy-based protection was not limited to anonymous private citizens but applied to famous actors, athletes, and politicians. Beginning in the 1950s, the right transformed into a fully transferable intellectual property right, generating a host of legal disputes, from control of dead celebrities like Prince, to the use of student athletes’ images by the NCAA, to lawsuits by users of Facebook and victims of revenge porn. The right of publicity has lost its way. Rothman proposes returning the right to its origins and in the process reclaiming privacy for a public world.

Modern Intellectual Property and Unfair Competition Law

Author : Sherri Burr,Edmund W. Kitch,Harvey S. Perlman
Publisher : Foundation Press
Page : 803 pages
File Size : 53,8 Mb
Release : 2014
Category : Competition, Unfair
ISBN : 1609302508

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Modern Intellectual Property and Unfair Competition Law by Sherri Burr,Edmund W. Kitch,Harvey S. Perlman Pdf

Intellectual Properties and the Protection of Fictional Characters

Author : Dorothy J. Howell
Publisher : Bloomsbury Publishing USA
Page : 225 pages
File Size : 53,8 Mb
Release : 1990-07-30
Category : Law
ISBN : 9780313388873

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Intellectual Properties and the Protection of Fictional Characters by Dorothy J. Howell Pdf

In this pioneering volume, Howell addresses the extent to which fictional characters are legally recognized and protected as intellectual property. Through a judicious selection of cases chosen for their bearing on the popular arts, the author reviews the basic legal principles involved--copyright, trademark, unfair competition, and contract law--and analyzes their applications to fictional characters. In addition to tracing the evolution of the law relating to the protection of fictional characters, Howell explores the feasibility of isolating characters and protecting them via stringent copyright and/or trademark laws, addresses character merchandising and the associated legal issues, and suggests legal reforms aimed at protecting the creator. Detailed case information serves both to illustrate the legal principles and actions discussed and to stand as a model for the proprietors of future characters. Divided into two major sections, the volume begins by offering a comprehensive introduction to intellectual property law. Specific topics addressed include basic concepts of property, statutory protection of intellectual property, elements of an infringement action, defenses to copyright infringement, unfair competition, and the application of trademark principles to literary properties. In the second section, Howell analyzes the extent to which the fictional character is legally regarded as intellectual property. She reviews situations in which copyright and trademark law have been invoked to protect the creator of a fictional character, examines cases involving such well-known characters as the Lone Ranger, Superman, and the crew of the Starship Enterprise, and presents an extended analysis of the case of Tarzan. Finally, Howell considers whether right of publicity and merchandising offer additional protection for fictional characters. In the concluding chapter, she offers an analysis of copyright decisions and a proposal for their reconciliation. Both practicing attorneys and students of entertainment law will find Howell's work an important contribution to the professional literature.

Intellectual Property and Unfair Competition in a Nutshell

Author : David J. Friedman
Publisher : West Academic Publishing
Page : 0 pages
File Size : 51,9 Mb
Release : 2024-04-10
Category : Law
ISBN : 1634608453

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Intellectual Property and Unfair Competition in a Nutshell by David J. Friedman Pdf

As its title suggests, this guide offers a broad summary of the law of intellectual property (i.e. patents, copyrights trademarks, trade secrets and a variety of other sui generis forms of protection for innovations and creativity) and the law of unfair competition (i.e. trademark infringement, passing off, trade disparagement, and deceptive advertising). It also touches on related fields of law (i.e. antitrust, consumer protection, regulated industries, and the law governing interference with contractual and noncontractual relations).

Essentials of Trademarks and Unfair Competition

Author : Dana Shilling
Publisher : John Wiley & Sons
Page : 284 pages
File Size : 55,8 Mb
Release : 2002-10-29
Category : Law
ISBN : 9780471269274

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Essentials of Trademarks and Unfair Competition by Dana Shilling Pdf

ESSENTIALS OF TRADEMARKS AND UNFAIR COMPETITION Full of valuable tips, techniques, illustrative real-world examples, exhibits, and best practices, this handy and concise paperback will help you stay up to date on the newest thinking, strategies, developments, and technologies in trademarks and unfair competition. "This is an extremely well-conceived, clearly written, and authoritative presentation of several related intellectual property disciplines. It will be valuable both to business executives and nonspecialized lawyers. Serious readers should get up to speed rapidly because Ms. Shilling focuses on the real issues in an effective, user-friendly manner." —Robert Goldscheider, Chairman, The International Licensing Network "Dana Shilling has written a work that should be the new, first stop for junior associates or experienced general practitioners alike delving into their first serious engagement with the law of trademark and unfair competition. In a terse but accessible style she has touched on most of the major issues in these developing areas and has done so with a minimum of jargon, 'inside baseball,' and bias in an area rife with vested litigation and economic interests. No other book presently available fits quite this niche." —Ronald D. Coleman, Partner, Intellectual Property Department, Gibney, Anthony & Flaherty LLP The Wiley Essentials Series-because the business world is always changing...and so should you.

Trademark and Unfair Competition Conflicts

Author : Tim W. Dornis
Publisher : Cambridge University Press
Page : 699 pages
File Size : 43,6 Mb
Release : 2017-02-23
Category : Law
ISBN : 9781107155060

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Trademark and Unfair Competition Conflicts by Tim W. Dornis Pdf

This book will be of interest for all jurists doing research and working practically in intellectual property law and international economic law. It should be an element of the base stock for every law school library and specialized law firm. This title is available as Open Access.

Intellectual Property Enforcement Guidelines

Author : Canada. Competition Bureau
Publisher : Canadian Government Publishing
Page : 58 pages
File Size : 54,7 Mb
Release : 2000
Category : Intellectual property
ISBN : 066265224X

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Intellectual Property Enforcement Guidelines by Canada. Competition Bureau Pdf

Intellectual Property and Unfair Competition

Author : Edmund W. Kitch,Harvey S. Perlman
Publisher : Unknown
Page : 1146 pages
File Size : 49,6 Mb
Release : 1998
Category : Law
ISBN : STANFORD:36105064179372

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Intellectual Property and Unfair Competition by Edmund W. Kitch,Harvey S. Perlman Pdf

Law school casebook that covers the law of intellectual property and unfair competition. The casebook provides the tools for fast, easy, on-point study. Part of the University Casebook Series; , it includes selected cases designed to illustrate the development of intellectual property law. Text and explanatory materials designed for law study accompany the cases.

Défis du droit de la concurrence déloyale / Challenges of unfair competition law

Author : Nuno Pires de Carvalho,Ubertazzi Benedetta,Binctin Nicolas,Kobel Pierre,Jaccard Michel,Hoang Lê-Binh,Muhlstein Laurent
Publisher : Université de Genève
Page : 209 pages
File Size : 45,5 Mb
Release : 2014
Category : Law
ISBN : 9783725585144

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Défis du droit de la concurrence déloyale / Challenges of unfair competition law by Nuno Pires de Carvalho,Ubertazzi Benedetta,Binctin Nicolas,Kobel Pierre,Jaccard Michel,Hoang Lê-Binh,Muhlstein Laurent Pdf

Cet ouvrage constitue le septième volume de la collection propriété intellectuelle – intellectual property (www.pi-ip.ch) éditée à la Faculté de droit de l’Université de Genève (par le Prof. Jacques de Werra). Il rassemble les contributions (présentées ci-dessous) qui ont été rédigées à l’occasion de la Journée de Droit de la Propriété Intellectuelle (www.jdpi.ch) organisée le 14 février 2014 à l’Université de Genève sur le thème « Défis du droit de la concurrence déloyale / Challenges of Unfair Competition Law ».

Trademarks and Unfair Competition

Author : Graeme B. Dinwoodie,Mark D. Janis
Publisher : Aspen Publishing
Page : 1584 pages
File Size : 55,5 Mb
Release : 2018-08-27
Category : Law
ISBN : 9781543803020

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Trademarks and Unfair Competition by Graeme B. Dinwoodie,Mark D. Janis Pdf

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 & 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. Trademarks and Unfair Competition features many issues related to online commerce, such as cybersquatting, keyword advertising, the relationship between trademarks and domain names, and the potential secondary liability of online auction websites such as eBay. International as well as domestic issues are thoroughly explored. Comprehensive coverage of trade dress protection is integrated with issues of word mark protection. New to the 5th Edition: the Tam and Brunetti decisions striking down the scandalousness and disparagement bars to registration extensive coverage of recent case developments on expressive uses of marks in political and artistic contexts the Belmora decision on well-known marks and developments on extraterritorial application of the Lanham Act Key Features: coherent conceptual framework clearly delineating creation of rights and enforcement of rights issues traditional case-and-note format, enhanced by problems thorough coverage of trademark issues arising in online commerce integrated coverage of international and domestic doctrine thorough treatment of trade dress protection, integrated with issues of word mark protection