Selected Treatises in Print
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McCarthy on Trademarks and Unfair Competition by
Call Number: KF3180 .M29 1996 at Classified StacksPublication Date: 1996 to 2017Updated quarterly. Includes bibliographical references and index.
Also available on Westlaw. -
Callmann on Unfair Competition, Trademarks, and Monopolies
by
Call Number: KF1609 .C33 1981 at Reference AreaPublication Date: 1981 to presentIncludes bibliographical references and index.
Also available on Westlaw. -
Gilson on Trademarks
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Call Number: KF3180 .G542 at Reference AreaPublication Date: 2007Volumes 1-3 include Analysis; volumes 4 and 5 include Forms; volume 6 has Appendices, Table of Cases, and the Index; and volumes 7-10 contain Legislative History.
Available on Lexis. -
Kane on Trademark Law: A Practitioner's Guide, 5th ed.
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Call Number: KF3180 .K36 2007 at Classified StacksPublication Date: 2007Covers securing and exploiting trademarks; developing strong marks; using trademarks to establish priority; licensing, assigning, and expanding rights; and protecting trademarks. Addresses secondary meaning, likelihood of confusion, dilution, trade dress infringement, false advertising, deceptive trade practices, and misappropriation. -
Trademark Dilution: Federal, State and International Law by
Call Number: KF3193 .W449 2012 at Classified StacksPublication Date: 2012Covers the concept of trademark dilution; the origins and sources of dilution law; criteria for eligibility; dilution and remedies under state law; defenses to, exclusions from, and remedies in dilution claims; the Federal Trademark Dilution Act and the Trademark Dilution Revision Act; and related topics.
Available on Bloomberg Law (2015 ed. and supplement). -
Trademark Infringement Remedies by
Call Number: KF3193 .T73 2012 at Classified StacksPublication Date: 2012Addresses the origins of trademark rights and the nature of protected interests; establishing trademark and unfair competition liability; preliminary and permanent injunctions; extraordinary circumstances and relief; defendant's profits and plaintiff's damages; attorney's fees; special enforcement remedies; state law remedies for trademark infringement and unfair competition; and related topics.
Available on Bloomberg Law.
Selected Electronic Treatises
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Callmann on Unfair Competition, Trademarks & Monopolies [Westlaw]Callmann on Unfair Competition, Trademarks, and Monopolies provides a comprehensive analysis of the law of unfair competition as it relates to:
Trademarks (registrability and infringement)
Passing-off
Trade secrets
Misappropriations
Price discrimination
Predatory pricing
Monopolies
And more
Coverage also includes suggestions for protection against unfair competition related to the acquisition, transfer, and abandonment of rights in a mark. -
Horwitz on World Trademark Law [Lexis]The World Trademark Law and Practice publication offers a complete guide to world trademark law and practice, with detailed coverage of 35 major jurisdictions and summary coverage of another 100. Brings together: * Textual analysis of trademark law abroad * Useful solutions for day-to-day practice situations * Essential practice tools including checklists and forms for filing and opposing applications, renewing registrations, and recording changes in title.
Forms
In addition to the below, many of the treatises listed in the previous section also include forms.
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U.S. Trademark Law: Rules of Practice, Forms, Federal Statutes & Regulations, 3d. ed.
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Call Number: KF3181 .A3 2000 at Classified StacksPublication Date: 2000
Handbooks
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Mastering Trademark and Unfair Competition Law
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Call Number: KF3180 .S65 2013 at Reference AreaPublication Date: 2013 -
Understanding Trademark Law, 2d ed.
by
Call Number: KF3180 .L34 2009 at Reference AreaPublication Date: 2009Covers the nature and purpose of trademark protection, subject matter of trademark protection and infringement and unfair competition.
CALI Lessons
CALI (Computer Assisted Legal Instruction) includes lessons and tutorials related to many key aspects of trademark law. These lessons are available to the UW Law community (students should visit the law student restricted databases page if you need the CALI authorization code). Examples of relevant lessons include:
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Trademark Policy (CALI Lesson)This lesson discusses the social policy justifications for the legal protection of trademarks. It provides a general understanding of how those policy objectives derive from market economic principles as well as how they drive the core elements of trademark law. This lesson may be useful preparation for a first class on trademark law or to reinforce points made during a class on trademark policy.
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Distinctiveness (CALI Lesson)This lesson provides an analysis of the levels of distinctiveness and the requirements for the determination of whether a term chosen as a mark is inherently distinctive, must yet acquire distinctiveness, or is incapable of trademark protection regardless of distinctiveness.
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The Geographic Scope of Trademark Protection (CALI Lesson)This program takes the student through the basics of a particular area of trademark law — the geographic scope of trademark protection. It includes the general common law principles as enunciated in early Supreme Court cases (Hanover, Rectanus) as well as zone of natural expansion. The program also contains complete coverage of Lanham Act principles including constructive notice, constructive use, section 33 and the limited area defense, concurrent use, and the need for confusion (Dawn Donut).
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Likelihood of Confusion (CALI Lesson)Likelihood of confusion is a core concept in trademark law. This lesson is designed to teach the basics of confusion, as well as some more advanced aspects of the topic. It requires students to work through the multifactor analysis used by courts with specific problems. It also includes a discussion of the different forms of confusion.
You can see all of the available CALI lessons related to trademark law here:
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CALI Trademark Law Subject OutlineLists all of the available lessons related to trademark law.