Kane on Trademark Law: A Practitioner's Guide (Intellectual Property Law Library)

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9781402420665: Kane on Trademark Law: A Practitioner's Guide (Intellectual Property Law Library)

Written by one of the nation s foremost trademark practitioners, the sixth edition of Kane on Trademark Law tells you everything you need to know about trademark issues and tactics all in one convenient, easy-to-read volume with a searchable flash drive.

How do your facts stack up against the cases? Kane on Trademark Law, Sixth Edition will not only tell you with illustrative lists of cases on both sides of all major trademark issues, but will show you with full-color illustrations of previously litigated marks.

Kane on Trademark Law provides court-tested practical suggestions, including how to:

  • spot potential conflicts and save searching time and expense with effective shortcuts
  • overcome common descriptiveness rejections
  • update or amend registrations based on changes in the mark
  • prepare for depositions and prepare your deponents for the ordeal ahead.

Kane on Trademark Law will also bring you the latest on:

  • Disparagement: Is Section 2(a) of the Lanham Act constitutional? The arguments are laid out in the Washington Redskins appeal to the 4th Circuit and The Slants en banc appeal to the Federal Circuit. Will the Supreme Court be next?
  • Preclusion: The Supreme Court in B&B Hardware v. Hargis held that a TTAB decision finding likely confusion precludes relitigation of the issue in district court when the TTAB takes into account market-place usage of the parties marks. Will B&B impact typical TTAB proceedings?
  • Issues for the Court or Jury? The Supreme Court in Hana Bank held that a jury composed of ordinary consumers is better suited than the court to decide the issue of tacking. Are jurors also better suited to decide the issues of likely confusion and abandonment?
  • Irreparable Harm: Is the presumption of irreparable harm still viable in trademark preliminary injunction actions?
  • Attorneys Fees: Should the Supreme Court Octane Decision Relaxing the Standard for Fee Awards in Exceptional Patent Cases Apply to Exceptional Trademark Cases?
  • Internet Issues: The latest on discovery and social media, ICANN domain names and gTLDS.
  • The 1st Amendment defense to parody, false endorsement and competitors negative comments.

Plus you get easy access to key forms, step-by-step checklists and excerpts from key statutes.

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About the Author:

Siegrun D. Kane of Kane Advisors LLP specializes in trademark/unfair competition/false advertising litigation, PTO proceedings and counseling. She is the author of Kane on Trademark Law: A Practitioner's Guide, published by PLI now in its Sixth Edition and supplemented annually.

Mrs. Kane also acts as a consulting and testifying expert. She has been repeatedly listed in The Best Lawyers in America, New York Super Lawyers, The International Who's Who of Trademark Lawyers and other "Who's Who" publications.

Mrs. Kane also lectures frequently for PLI, ABA, INTA, etc., and serves on various Advisory Boards e.g., the BNA Journal, and The McCarthy Institute for Intellectual Property and Technology Law.

Review:

Kane on Trademark Law is the perfect resource for both the novice and the experienced trademark practitioner. --Daniel J. Noonan, Director, Trademarks and Copyrights, Dell Inc.

Smart attorneys should turn to Kane's penetrating analysis of the precedents as the foundation of their research, for there is no better starting point . . . Practitioners can easily and instantaneously find the point in question in this very well formatted, clearly articulated treatise. --Judge Paul Michel, Former Chief Judge of the Court of Appeals for the Federal Circuit

Smart attorneys should turn to Kane's penetrating analysis of the precedents as the foundation of their research, for there is no better starting point . . . Practitioners can easily and instantaneously find the point in question in this very well formatted, clearly articulated treatise. --Judge Paul Michel, Former Chief Judge of the Court of Appeals for the Federal Circuit

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