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Trademark Infringement Remedies, Third Edition

Published by Bloomberg BNA
By Brian E. Banner
Publication Date: 2017
1,002 pages

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Price: $545 + S&H
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Detailed, practical analysis of the full range of federal and state trademark infringement remedies

This valuable reference gives practitioners complete and authoritative coverage of all aspects of trademark rights, liabilities and remedies in both traditional and emerging forms of trademark use and abuse.

In light of the rapid pace of new developments in the law, the treatise addresses every aspect of civil infringement remedies available today in federal and state courts.

This treatise provides trademark owners and their counsel the guidance they need to effectively defend and protect their brands and maintain the value of trademarks. It covers all aspects of trademark rights, liabilities, and remedies, as well as the civil infringement remedies available today in federal and state courts, and provides keen insight from expert practitioners. The Third Edition discusses necessary elements in establishing liability for trademark and unfair competition; principles for equitable relief and the impact of bad faith on a practitioner’s case; issuance of preliminary and permanent injunctions; wrongful seizure of another’s goods occurring in the area of “extraordinary” relief; attorneys’ fees; availability of special enforcement remedies; relief and remedies under state law for infringement and unfair competition; and special relief available in counterfeiting cases.  

The thoroughly revised Third Edition includes extensively updated chapters on The Origin of Trademark Rights and the Nature of the Interests Protected, and General Principles. Other new discussions in the Third Edition include the following:

  • The Federal Circuit’s ruling in Princeton Vanguard, LLC v. Frito-Lay North America, Inc., rejecting the Trademark Trial and Appeal Board’s statement that there are two different tests that can be used to analyze genericness
  • The Federal Circuit’s decision in In reDriven Innovations, Inc.,in which the court explained that when a mark fails to cause an “instantaneous” mental leap to the attributes of the goods or services, suggestiveness is strongly indicated
  • In Romag Fasteners, Inc. v. Fossil, Inc., the Federal Circuit (applying Second Circuit law) reviewed the state of the law in the Second Circuit and concluded that willfulness is a requirement for an award of profits
  • Expanded discussions on plaintiff’s damages, including barriers to double recovery and measurement of lost profits
  • Examination of how courts are treating requests for fees after Octane Fitness, including decisions by the Fifth Circuit in Vetter v. McAtee and the Ninth Circuit in SunEarth, Inc. v. Sun Earth Solar Power Co.

About the Publisher and the Authors

Tech Transfer Central is proud to partner with Bloomberg BNA Books to bring our customers access to this comprehensive and authoritative resource. All Bloomberg BNA Books are written by respected experts with extensive experience in patent law and IP licensing. These renowned authors draw from their wealth of professional expertise and in-depth research to deliver the most highly regarded editorial quality in the industry.

Trademark Infringement Remedies is authored by Brian E. Banner, trademark practitioner with The Banner Firm, LLC, in Washington, DC. Before entering private practice, he worked for Monsanto Company and Munsingwear, Inc., as Corporate Trademark Counsel.

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