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Essentials of Trademarks and Unfair Competition (Essentials Series) PDF

274 Pages·2002·2.22 MB·english
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ESSENTIALS of Trademarks and Unfair Competition Dana Shilling ESSENTIALS of Trademarks and Unfair Competition Essentials Series To keep up with rapid business changes today,professionals today need to get up to speed quickly with reliable and clear information.Wiley’s Essentials series introduces the first concise guidelines to key topics in finance,accounting,performance improvement,operations,technology, and information management.These books provide in-depth coverage, tips,techniques,and illustrative real-world examples,exhibits,and best practices. The Wiley Essentials Series—because the business world is always changing...and so should you. Other books in the series include: Essentials of Accounts Payable Essentials of Capacity Management Essentials of Cash Flow Essentials of Corporate Performance Management Essentials of Credit,Collection,and Accounts Receivable Essentials of CRM:A Guide to Customer Relationship Management Essentials of Intellectual Property Essentials of Trademarks and Unfair Competition Essentials of XBRL For more information and to receive periodic e-mail notices regarding forthcoming publications,please visit us at www.wiley.com ESSENTIALS of Trademarks and Unfair Competition Dana Shilling Copyright © 2002 by John Wiley & Sons,Inc.,New York.All rights reserved. No part of this publication may be reproduced,stored in a retrieval system or transmitted in any form or by any means,electronic,mechanical,photocopying, recording,scanning or otherwise,except as permitted under Sections 107 or 108 of the 1976 United States Copyright Act,without either the prior written permission of the Publisher,or authorization through payment of the appropriate per-copy fee to the Copyright Clearance Center,222 Rosewood Drive,Danvers, MA 01923,(978) 750-8400,fax (978) 750-4744.Requests to the Publisher for permission should be addressed to the Permissions Department,John Wiley & Sons,Inc.,605 Third Avenue,New York,NY 10158-0012,(212) 850-6011,fax (212) 850-6008,E-Mail:[email protected]. This publication is designed to provide accurate and authoritative information in regard to the subject matter covered.It is sold with the understanding that the publisher is not engaged in rendering legal,accounting,or other professional services.If legal advice or other expert assistance is required,the services of a competent professional person should be sought. This title is also available in print as ISBN 0-471-20941-4.Some content that appears in the print version of this book may not be available in this electronic edition. For more information about Wiley products,visit our web site at www.Wiley.com About the Author D ANA SHILLING, ESQ., is the author of more than 20 books, includingLawyer’s Desk Book,11th ed.(Prentice Hall,1988),The 60-Minute Financial Planner (Prentice Hall,1997),The Complete Guide to Human Resources and the Law (Prentice Hall, 1998), and Financial Planning for the Older Client, 5th ed.(National Underwriter, 2001). She has written many articles dealing with legal and financial issues that have appeared in such magazines as Vogue, CFO,Working Woman, Cosmopolitan, Aging Today, Estate Planning Studies, Brown University Long-Term Care Letter,Elder Law Advisory,Journal of American Society,CLU/ChFC,Senior Market Advisor,and others. In addition, she has been a featured speaker at many conferences and seminars, for the following organizations: the New York County Lawyers’Association;MANULIFE Insurance,United Methodist Church; NEFE/CFP;NAHU (two programs),Health Underwriters,Conference of Financial Trust Officers; American Society of CLU/ChFC, Estate Planning Council of NJ, Prudential (two programs), Estate Planning Councils of Pennsylvania and Ohio, Brokers’ Choice, and the Society of Financial Services Professionals. Shilling has also produced The Elements of Elder Law (3-1/2 hour instructional tape on basic elder law issues (1993); Carry Me Back (screenplay, 1993; unproduced); and Financial Planning for the Older Client (Bisk/Totaltape video 1999). She is a National Merit Scholar; and graduated magna cum laude, Phi Beta Kappa from Goucher College (AB).She received her law degree from Harvard Law School.She was admitted to the New York Bar in 1976. v Contents 1 Trademark Basics—Overview 1 2 Trademark Types 21 3 Establishing, Registering, and Defending a Trademark 49 4 Handling Trademark Disputes 99 5 Trade Dress 123 6 Threats to the Trademark 137 7 Other Issues in Trademark Law 153 8 Unfair Competition 191 Appendices 207 Forms 223 Bibliography 269 Index 271 vii

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