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In the new edition of this leading casebook on trademarks and unfair competition, Graeme B. Dinwoodie and Mark D. Janis are joined by Mark P. McKenna of UCLA. The addition of McKenna, a renowned teacher and scholar who has used the casebook for two decades, ensures that the casebook continues to present the subject in a clear, accessible, and up-to-date fashion while tackling difficult questions in a sophisticated manner.

The many strands of trademark and unfair competition doctrine are organized into a coherent conceptual framework consisting of a brief examination of foundational concepts, followed by thorough treatments of the law on (1) the creation of trademark rights; and (2) the scope and enforcement of trademark rights and some related causes of action. The traditional case-and-note format is enhanced by problems that help students understand intricate key topics.

New to the 7th Edition: 

• Incorporates prominent new Supreme Court decisions, including the Jack Daniel’s case on expressive use of marks, the Elster case on the concordance of registration bars with the dictates of the First Amendment, and the Abitron case revising the Court’s view on extra-territorial application of the Lanham Act 
• Introduces useful new cases illustrating fundamental principles 
• Augments prior treatment of emerging doctrine of “failure to function” and addresses the conceptual location of that doctrine within a conventional trademark law framework 
• Deepens coverage of trade dress (including the Timberlane boot and Watermelon wedge opinions) 
• Probes new developments in online marketing, including recent appellate cases seeking to bring together two decades of jurisprudence on keyword advertising 
• Up to date with pending challenges to contested developments, such as efforts to rein in broad merchandising claims 
• Refines treatment of defenses, including the Rogers rule on expressive use post-Jack Daniel’s and new appellate decisions on descriptive and nominative fair use 
• Includes material on new remedial mechanisms, such as so-called “Schedule A “cases 

Professors and students will benefit from: 

• Coherent conceptual framework clearly delineating creation of rights and enforcement of rights issues 
• Traditional case-and-note format, enhanced by problems that help students understand intricate key topics 
• Thorough coverage of trademark issues arising in online commerce 
• Integrated coverage of international and domestic doctrine 
• Comprehensive treatment of trade dress protection