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Another law school course outline brought to you by: The Internet Legal Resource Guide ILRG Law School Course Outlines Archive LawRunner: A Legal Research Tool OUTLINE DETAILS: Author: Anonymous School: The University of Chicago School of Law Course: Intellectual Property and Unfair Competition Year: Fall 2002 Professor: William Landes Text: Intellectual Property, Barrett 2 nd NOTICE: This outline is © copyright 2003 by the Internet Legal Resource Guide, a property of Maximilian Ventures, LLC, a Delaware corporation. This outline, in whole or in part, may not be reproduced or redistributed without the written permission of the copyright holder. A limited license for personal academic use is permitted, as described below. This outline may not be posted on any other web site without permission. ILRG reserves the exclusive right to distribute this outline. USAGE NOTICE AND DISCLAIMER: Although the Internet Legal Resource Guide has tried to assemble the best possible outlines, WE MAKE NO WARRANTIES AS TO THE ACCURACY OF THE INFORMATION THIS OUTLINE CONTAINS. THIS OUTLINE IS PROVIDED TO YOU AS-IS. USE IT AT YOUR OWN RISK, AND DO NOT RELY ON IT FOR LEGAL ADVICE. IF YOU NEED LEGAL HELP, PLEASE CONTACT A QUALIFIED ATTORNEY IN YOUR JURISDICTION. As this outline has been written by a law student, it may contain inaccurate information. Furthermore, some law schools have policies that permit law students to take outlines into final exams so long as the student actually wrote the outline. If your law school has such a policy, you are expressly prohibited from representing any of the outlines contained in this archive as your own. If you are not sure of your law school's policy, you should contact the appropriate staff at your school. Otherwise, the Internet Legal Resource Guide genuinely hopes you derive benefit from this outline. 1
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Intellectual Property and Unfair Competition Basics: Incentives vs. Access IP rights more difficult to enforce and so WEAKER than tangible property right Public Goods aspect of TMs Misappropriation Common Law False Advertising Disparagement (AKA Trade Libel) Lanham Act False Advertising (§43(a)) State Statutes FTC Trademarks Basics Descriptive Marks Generic Marks Geographic Marks Certification Marks Personal Names Trade Dress and Functionality Preemption Rights of TM Holders Non-Competing Good Dilution Domain Names Trademark Remedies Abandonment Assignment / Licensing Rights of Publicity 2
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Misappropriation Prima Facie Misappropriation: 1) Π made substantial investment of time, money or intellectual effort 2) Δ has appropriated product of Π’s investment 3) Π injured by Δ’s appropriation 4) Good must be a public good (0 MC) 5) Infeasible private enforcement (no way to prevent free-riding) Defenses: 1) Federal Preemption 2) First amendment freedom of commercial speech INS v. AP Classic trade-off between incentives and access cost Δ (INS) legally copies news AP posts on east coast and prints it on west coast
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