LibGuides: Researching Trademark & Unfair Competition Law: Introduction

Trademarks 101

U.S. Patent and Trademark Office (USPTO), What Is a trademark?
Also discusses:
Owning a trademark vs. having a registered trademark
Using the trademark symbols TM, SM, and ®
World Intellectual Property Organization (WIPO), Trademarks: What is a trademark?
Also discusses:
How can I protect my trademark?
What rights does trademark registration provide?
How long does trademark protection last?
What kinds of trademarks can be registered?
Dariush Adli, Exploring Non-Traditional Trademarks, L.A. Law., April 2022, at 10.
Article excerpt: "A trademark can be any work, figure, attribute, feature, or characteristic capable of functioning as a source identifier. Traditionally, trademarks have comprised words or graphic symbols. However, over the past several decades so-called 'non-traditional' trademarks increasingly have come to be recognized as attributes that function as source identifiers."
Christopher T. Zirpoli, An Introduction to Trademark Law in the United States (July 24, 2023)
Introduction to U.S. trademark law written by a Legislative Attorney employed by the Congressional Research Service. Tip: Researchers can check for updates to this report by entering its title in the search box at: https://crsreports.congress.gov

Counterfeits & Scams

Books:

False Advertising and the Lanham Act by Thomas M. Williams
Publication Date: Coverage: Through Feb. 2024; Release No. 2024.
Available in Lexis+. Enter your Lexis+ username/password.
According to the publisher's website, this book "covers established precedent and Section 43(a) false advertising case law, including key decisions where courts have developed essential analytical tools to flesh out sparse statutory language."
Protecting the Brand: Busting the Bootlegs (v. II) by Peter Hlavnicka & Anthony M. Keats
Publication Date: 2022
In the SARA catalog record for this ebook, click: ACCESS ONLINE VERSION - (EBC). Multiple copies are available. First-time use of the EBC platform requires BLS patrons to click: Create Account. Accessible on campus or off campus if using a web browser that communicates with the BLS proxy server.
Chapter 3 discusses use of the Lanham Act to combat grey and counterfeit goods.
Protecting the Brand: Counterfeiting and Grey Markets (v. I) by Peter Hlavnicka & Anthony M. Keats
Publication Date: 2021
In the SARA catalog record for this ebook, click: ACCESS ONLINE VERSION - (EBC). Multiple copies are available. First-time use of the EBC platform requires BLS patrons to click: Create Account. Accessible on campus or off campus if using a web browser that communicates with the BLS proxy server.
This book includes: Chapter 2. What Is a Brand and Why Protect It?; Chapter 3. Problems Caused by Counterfeit and Grey Market Goods; Chapter 4. Incidents of Counterfeiting and Grey Marketing in Various Industries; Chapter 6. Trademark Infringement: Diminishing the Value of Brand Equity; Chapter 7. International Trade Commission and U.S. Customs and Border Protection, the Lanham Act and the Tariff Act; Chapter 9. New Technologies and Alternative Methods to Combat Counterfeiting and Grey Market: and Chapter 10. International Remedies.
Trademark and Deceptive Advertising Surveys: Law, Science, and Design by Shari S. Diamond & Jerre B. Swann, eds.
Call Number: KF3193 .T725 2022 (Main)
Publication Date: 2nd ed. c2022
This practitioner-oriented book focuses on surveys in current litigation involving trademarks and deceptive advertising.

When Was This Guide Last Updated?

This LibGuide was last substantively updated:

On: July 17, 2024

At: 9:22 AM

By: Jean Davis

Branding, Trademarks, Fashion & Culture

Fashion Law & Design Books:

The Business and Law of Fashion and Retail by Barbara Kolsun & Douglas Hand
Call Number: KF3086 .K65 2020 (On Reserve)
Publication Date: [2020]
Chapter 5 discusses the significance of trademarks in fashion and highlights key legal issues and cases. Chapter 7 discusses counterfeiting and gray market goods.
Protecting Creativity in Fashion Design: US Laws, EU Design Rights, and Other Dimensions of Protection by Susanna Monseau
Publication Date: 2023
In the SARA catalog record for this ebook, click: ACCESS ONLINE VERSION - (EBC). One copy available. First-time use of the EBC platform requires BLS patrons to click: Create Account. Accessible on campus or off campus if using a web browser that communicates with the BLS proxy server.
Chapter 3 (US IP Law: Vibrant Industry with Little Legal Protection?) discusses U.S. trademark and trade dress laws. Chapter 4 (European Design Rights: The Perfect Solution?) discusses design rights and EU trademark law.

Legal News Source Highlighting Trademark Law Cases & Legislative/Regulatory Developments: The Fashion Law (TFL)

The Fashion Law (TFL)
In SARA catalog record, click: ACCESS ONLINE VERSION - THE FASHION LAW. Accessible on campus or off campus if using a web browser that communicates with the BLS proxy server.
Tip: In TFL's main screen search box (top right), enter a term like: trademark. Features articles analyzing recent SCOTUS and other court decisions.
TFL, Chanel Seeks Reseller’s Profits in Latest Round of Trademark Trial (July 15, 2024)
TFL, New Data Shows that “Dupes” Mania is Not Cooling (July 3, 2024)
TFL, SCOTUS Confirms Rejection of TRUMP TOO SMALL Trademark Registration (June 14, 2024)

Legal Articles:

Joseph M. Forgione, Introduction: What Is Real? Authenticity, Transparency, and Trust in the Digital Age of Fashion, 64 N.Y.L. Sch. L. Rev. 243 (2020)
Article available in Westlaw Precision. Enter your Westlaw username/password.
Sonia Katyal, Angela Riley & Rachel H. Lim, Indigenous Misdescription (March 6, 2024)
Article available at SSRN: https://ssrn.com/abstract=4750595
Sari Sharoni, The Mark of A Culture: The Efficacy and Propriety of Using Trademark Law to Deter Cultural Appropriation, 26 Fed. Circuit B.J. 407 (2017)
Article available in Westlaw Precision. Enter your Westlaw username/password.
Xiyin Tang, Against Fair Use: The Case for A Genericness Defense in Expressive Trademark Uses, 101 Iowa L. Rev. 2021 (2016)
Article available in Westlaw Precision. Enter your Westlaw username/password.
Leyla Tarverdi, Protecting Fashion Design: A Comparative Legal Approach and an Environmental Justification, 26 U.S.F. Intell. Prop. & Tech. L.J. 65 (2022)
Article available in Thomson Reuters Practical Law. Enter your Westlaw username/password.
Shlomit Yanisky-Ravid & Grace Monroy, The Promised Land: Blockchain and the Fashion Industry, 87 Brook. L. Rev. 609 (2022)
Article available in Westlaw Precision. Enter your Westlaw username/password.

Podcast:

[Podcast:] Theft, Diversion, Counterfeiting, and Trademark Challenges
Excerpt from description: "Attorney Deborah Greaves takes us into the workings of brand protection in the fashion industry. Stories of the challenges in protecting the True Religion Jeans brand were many and included elaborate schemes of cargo and internal-insider theft, both of which resulted in diversion of product to unauthorized outlets. The brand also faced a unique challenge with its trademark, which prevented the Made-in-the-USA brand from being properly protected against counterfeiters."

Event: Immersion in Fashion Law and IP in the United States (streamed live on Apr. 5, 2023)