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3-28 Business Torts 28.syn
Trademarks and Trademark Infringement
Joseph D. Zamore
The chapter first examines the nature and function of trademarks and their protection by the common law and by state and federal statutes. The chapter next considers trademark rights, which arise through use and federal registration, which establishes priority and provides constructive notice. The chapter then discusses the test for trademark infringement and how this test is applied by the courts. The chapter also explores the alternative causes of action under the Federal Trademark Dilution Act and the Anti-Cybersquatting Consumer Protection Act, which protects domain names. The chapter further considers infringement by "gray market goods." The defenses to a trademark infringement action are covered, including fair use, laches, unclean hands, fraud, abandonment, non-use, naked licensing, the statute of limitations, and nominative fair use. The chapter discusses trade dress infringement, distinctiveness analysis, and limitations on protection of functional and generic designs. The chapter concludes with a discussion of remedies for trademark infringement, such as injunction, damages, and defendant's profits.
Business Torts (Matthew Bender) provides extensive coverage of a variety of issues relating to important business torts, such as breach of fiduciary duty, including directors' and officers' liability; unjust dismissal; actions involving employment covenants not to compete; commercial defamation; deceptive advertising; interference with contract relations, prospective advantage, lawful business, and employment relations; trade secret misappropriation; antitrust violations; private RICO actions in the commercial context; trademark, copyright, and patent infringement; products liability; lender liability; liability for environmental impairment; and premises liability. It further provides guidance on obtaining insurance coverage for business torts through endorsements to comprehensive general liability policies or through separate, specialized policies.
Trademarks,Trademark Infringement,Federal Trademark Dilution Act,Anti-Cybersquatting Consumer Protection Act,Domain Names,Gray Market Goods,Lanham Act,Secondary Meaning,Trade Dress,Generic Mark,Fair Use,Unclean Hands,Fraud,Abandonment,Non-use,Naked Licensing,Nominative Fair Use
RELATED CHAPTERS: (View)
For a discussion of copyright infringement, see Chapter 29, Copyright Infringement.
For a discussion of patent infringement, see Chapter 30, Patent Infringement.
For a discussion of antitrust concerns, see Chapter 20, Business Torts and Antitrust.
For a discussion of consumer protection generally, see Chapter 19, State Consumer Protection Laws.
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