Offering a highly accessible account of trademark and unfair competition law, this text contains the key cases that define the scope and limits of trademark law, set against a comprehensive historical background. The theme of the book is that trademark law should enhance consumer welfare. The book provides:

  • Extensive notes and questions following the major cases and also at the end of each chapter.
  • The most up-to-date material on every aspect of trademark law, including a chapter covering trademarks on the Internet.
  • Detailed treatment of both the theory and the reality of trademark law and practice, including a study of the most common survey formats on genericness, secondary meaning, likelihood of confusion, and likelihood of dilution.


Imprint: West Academic Publishing
Series: American Casebook Series
Publication Date: 11/24/2015

Glynn Lunney, Texas A&M University School of Law

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Substantial revisions include: (i) rewriting the material on eBay/Winter's influence on the availability of injunctive relief for trademark infringement; (ii) rewriting the “Trademarks on the Internet” chapter to reflect the diminished importance of the "it's not a use" argument for keyword advertising and recent developments in the direct and secondary infringement standards for such advertising; and (iii) rewriting the material on disparaging matter to reflect the recent decision cancelling the Redskins mark and the Federal Circuit's decision in In re Tam. Also, substantial revisions to the note materials throughout the casebook to reflect developments since 2010.

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