Trademarks And Unfair Competition (44-Page Book)
Released February 1, 2012 - Written by Michael J. Hutter, Esquire.
Click the above "Learn More" button to read the Table of Contents, several Sample Pages and Mr. Hutter's curriculum vitae.
See sample pages above for the complete Table Of Contents. Alternatively, here are the main topics covered in this book:
INTRODUCTION
I. WHAT IS A TRADEMARK? UNFAIR COMPETITION?
A. Trademark
B. Unfair Competition
II. PURPOSES OF TRADEMARK LAW
A. Traditional
B. Modern
III. SOURCES OF PROTECTION
A. Generally
B. State: Common Law
C. State: Statutory
D. Federal
IV. NATURE AND SCOPE OF TRADEMARK RIGHT
A. Generally
B. Duration
C. Geographic
D. Multiple Marks
Part Two
ESTABLISHING TRADEMARK RIGHTS
I. PROTECTIBLE SUBJECT MATTER
A. Generally
II. APPROPRIATE SUBJECT MATTER
A. Word(s)
B. Non-Verbal
C. Excludable Subject Matter
III. ACTS AS SOURCE IDENTIFIER
A. Generally
B. Problem Areas
IV. UNDERSTOOD AS A SOURCE IDENTIFIER: DISTINCTIVENESS
A. Generally
B. Inherently Distinctive
C. Acquired Distinctiveness
D. Generic
E. Special Situations: Non-Verbal Marks
F. Special Situations: Verbal Marks
G. Practical Issues
V. USE AND PRIORITY OF USE
A. Actual Use
B. Priority of Use
C. Geographic Limits
Part Three
REGISTRATION UNDER THE LANHAM ACT
I. INTRODUCTION
A. Overview
II. ADVANTAGES OF REGISTRATION
A. Generally
B. Intent-To-Use
III. REGISTRATION PROCESS: USE APPLICATION
A. Application
B. Key Parts of Application
C. Registration Process
D. Post-Registration Actions
Part Four
ENFORCEMENT OF TRADEMARK RIGHTS
I. CONFUSION-BASED LIABILITY
A. Generally
B. Likelihood of Confusion
C. Defenses
D. Remedies
II. NON-CONFUSION-BASED LIABILITY
A. Dilution
B. Anti-Cybersquatting
C. ICANN Uniform Domain Name Dispute Resolution
D. Counterfeiting
Part Five
SELECTION AND MAINTENANCE
I. SELECTION
A. Inherently Distinctive Mark v. Descriptive Mark
B. Existing Mark?
II. MAINTENANCE
A. Trade Mark Use
B. Avoid Abandonment
C. Licensing and Assignment
Related CLE Course: to listen to, and obtain CLE/MCLE credits in those states for which it is listed, please visit our sister site, www.nlfonline.com, click on your state and scroll to this title under the "Other" heading: "Trademarks And Unfair Competition".
Author:
Michael J. Hutter is a Professor of Law at Albany Law School, where he has been a member of the faculty since 1976. He is also Special Counsel to the Albany law firm of Powers & Santola, LLP.
Professor Hutter is an honors graduate of Brown University, and Boston College Law School. In law school he was the Editor-In-Chief of Boston College’s law review, and was elected to the Order of the Coif. After graduation, Professor Hutter served as law clerk to Judge Matthew J. Jasen, an Associate Judge of the New York Court of Appeals. From 1979-1984, he was the Executive Director of the New York State Law Revision Commission. In 1999, Professor Hutter was selected as one of seven nominees to the Court of Appeals by the State Commission on Judicial Nomination. He presently serves as a Commissioner on the New York State Law Revision Commission and as Chair of the Board of Directors of the Capital Defender Office.
Professor Hutter’s teaching areas include Evidence, Trial Practice, Intellectual Property, and Trade Regulation. In his practice, he specializes in appellate practice. He has argued over 300 appeals in all of New York’s appellate courts, state and federal, and many of the cases in which he represented the prevailing party are landmark decisions.