Unfair Competition Law European Union And Member States (International Competition Law) (International Competition Law) by Frauke Henning-bodewig

Cover of: Unfair Competition Law | Frauke Henning-bodewig

Published by Aspen Publishers .

Written in English

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  • EU competition law,
  • Law,
  • Legal Reference / Law Profession,
  • Commercial - General,
  • Antitrust law,
  • Competition, Unfair,
  • European Union countries,
  • Restraint of trade

Book details

The Physical Object
Number of Pages272
ID Numbers
Open LibraryOL9099231M
ISBN 109041123296
ISBN 109789041123299

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Unfair competition law is concerned with fair play in commerce. It is generally regarded as necessary – together with antitrust law – in order to steer competition along an orderly course, and thereby to contribute to promoting an efficient market system that serves the interests of all participants.

The Fifth Edition of Trademark and Unfair Competition Law: Cases and Materials retains the successful features of earlier editions, but has been thoroughly updated since the last edition was published in /5(5). The book also deals with competitor false advertising remedies under the Lanham Act and public enforcement of prohibitions against unfair and deceptive practices by the Federal Trade Commission.

Case selection is made with an eye toward holding student interest; provocative notes and questions make the book highly teachable/5(2). "Unfair competition" is a term that applies to dishonest or fraudulent rivalry in trade and commerce. It's a branch of intellectual property law that particularly relates to the practice of endeavoring to substitute one’s own goods or products in the market for those of another for the purpose of deceiving the public.

But it can take some other forms as well. CALIFORNIA ANTITRUST & UNFAIR COMPETITION LAW I. SUMMARY AND OVERVIEW Since the second edition of this book was published over two years ago, there have been a number of significant court decisions concerning the scope and nature of California’s antitrust and unfair competition laws.

These include the. She was the Editor-in-Chief of California Antitrust Law (1st ed. ), (2d ed. (Vol. 2)), California State Antitrust and Unfair Competition Law ( Matthew Bender) as well as of numerous other articles and publications on patent and antitrust law.

She is an officer of the California State Bar Antitrust and Unfair Competition Law Section Author: Cheryl Lee Johnson. Our California antitrust and unfair competition law derives from statutes, policies, concerns, and history unique to our state.

This new treatise is being launched to comprehensively document and describe this area of law which presents a broad and rich palette for practitioners and regulators.

The law of unfair competition emerged from common law doctrine. Unfair Unfair Competition Law book can take a number of forms, such as "passing off", "dilution", and "misappropriation". In unfair competition claims, one competitor usually brings an action against another.

These types of claims, in a direct sense, are not designed to provide consumer protection. The book delineates, with extraordinary clarity and precision, the working of unfair competition law throughout the European Union.

Its four comprehensive chapters encompass: basic considerations of definition, subject matter, enforcement, and applicable law: international provisions under the Paris convention, TRIPS, and WIPO model law; analysis of relevant EC directives and regulations and. Unfair competition occurs when another company uses wrong or deceptive business practices to gain a competitive advantage.

The major category of unfair competition relates to intentional confusion of customers as to where the product came from, while the secondary category relates to. The FTC regulations concerning unfair competition are found in various parts of Title 16 of the Code of Federal Regulations.

If there is a conflict between federal and state law, the federal law will often triumph because of the doctrine of preemption. A few states have enacted legislation dealing with specific types of unfair competition.

A multi-volume treatise which comprehensively covers the law of unfair competition as well as antitrust law. Coverage extends to protection against unfair competition, unfair advertising and pricing and the unlawful conduct of business.

Included in the appendices. The new edition of the California Antitrust & Unfair Competition Law book authored by Carlton Varner and Tom Nevins is available.

This new edition includes developments through the middle of It is designed to provide the basics of California competition law to corporate counsel and assist them in identifying issues that may require further analysis.

DOWNLOAD NOW» This book examines the present state of harmonization of unfair competition law in Europe. It discusses the particular approach to unfair competition law in the 10 new Member States and the possible impact on the future development of European unfair competition law. In an earlier version of this book was submitted as a thesis to the Intellectual Property Law Unit of the Centre for Commercial Law Studies, Queen Mary and Westfield College, University of London, in fulfilment of the requirements for obtaining the degree of Doctor of Philosophy.

the book has been updated to December unfair competition which relates to a wide range of trade practices.1 Unfair competition appears to have been used at first in connection with the efforts of the courts to protect trade-marks.

1 Haloush Haitham,Apractioner Guide To The Unfair Competition Law In Jordan, The Open Law Journal,2,File Size: 44KB. This casebook presents the basic principles of Trademark and Unfair Competition law and procedure, including expert legal analysis.

It devotes separate chapters to acquisition of trademark rights; registration of trademarks; loss of trademark rights; infringement of trademarks, including a distinct section on defenses to infringement/5(15).

unfair competition, unless a law or administrative regulation requires any other department to do so. Article 5 The state encourages, supports, and protects public scrutiny, from all organizations and individuals, of acts of unfair competition.

State organs and their employees shall not support or harbor acts of unfair competition. The book contains Notes follow the principal cases, which are designed to alert students to collateral issues, to cite key resources in the legal literature, and to raise thought-provoking questions.

The book contains citations to the relatively new Restatement (Third) of 4/5(1). Rebrysh, Bohdan and Maskayeva, Natalia International Universal Unification of the Conflict-of-Law Regulation of Cross-Border Unfair Competition.

Russian Law Journal, Vol. 7, Issue. 2, p. With the rise of internet marketing and e-commerce around the world, international and cross-border Cited by: 1. The book contains an overview of unfair competition law for the protection of intellectual and industrial creations in the EU, the US, and other jurisdictions, such as Canada, Australia, and South Africa.

It also contains a comparative theoretical study of the legal and economic justification of the law. Unfair competition laws are regulated through a combination of federal and state laws, including court rulings under common law.

Taking it back to the United States Constitution, Article 1, Section 8, Clause 3 known as the "Commerce Clause," this section provides. In addition to federal laws, each state has its own unfair competition law to prohibit false and misleading advertising.

In California, one such statute is the Unfair Competition Law [hereinafter “UCL”], Business and Professions Code §§ et seq. The UCL “borrows heavily from section 5 of the Federal Trade Commission Act” but has developed its own body of case law.

A collection of recommended legal titles as selected by reference librarians. Per the publisher, this new edition “revises, updates, and greatly expands the second edition to serve as a practical guide to the substantive and procedural issues that arise at the intersection of antitrust, business tort and unfair competition law.”.

The underlying premise of this book is that to understand why the law creates specific intellectual property, one must first understand how the law determines what constitutes a commercial Both historically and conceptually, intellectual property law is an outgrowth of the law of unfair competition.

With Unfair Competition and the ITC, you will understand the nature and operation of Section of the Tariff Act and how to use it to protect the rights of U.S. intellectual property handbook details the rationale and reasoning behind procedures such as jurisdiction, discovery, and motion practice in the federal district courts.

Business Torts and Unfair Competition Handbook, Third Edition revises, updates, and greatly expands the second edition to serve as a practical guide to the substantive and procedural issues that arise at the intersection of antitrust and business tort and unfair competition law.

in both civil and common law jurisdictions—presents the historical-comparative, doctrinal, and economic aspects of trademark and unfair competition conflicts law. This book should be read by any scholar or practitioner interested in the international aspects of intellectual property generally, and trademark and unfair competition law.

U.S. State Trademark and Unfair Competition Law is now an online members-only reference that provides a singular comprehensive source for facts, commentary and analysis on U.S.

state trademark and unfair competition law. This book examines the present state of harmonization of unfair competition law in Europe. It discusses the particular approach to unfair competition law in the 10 new Member States and the possible impact on the future development of European Author: Reto Hilty.

Unfair (or disloyal) competition in commercial law is a deceptive business practice that causes economic harm to other businesses or to consumers. It includes a number of areas of law involving acts by one competitor or group of competitors which harm another in the field, and which may give rise to criminal offenses and civil causes of action.

Common actions. As used in this chapter, unfair competition shall mean and include any unlawful, unfair or fraudulent business act or practice and unfair, deceptive, untrue or misleading advertising and any act prohibited by Chapter 1 (commencing with Section ) of Part 3 of Division 7 of the Business and Professions Code.

Abstract. It is a generally accepted truth that the United Kingdom has neither a general statute protecting traders against unfair competition nor has it developed a general tort of unfair competition. 1 However, if one examines judicial dicta this conclusion appears less certain. For example, recently in Arsenal () 2, the ECJ set out important principles as to when use of a Cited by: 3.

International Handbook On Unfair Competition written by Frauke Henning-Bodewig and has been published by Hart Publishing Limited this book supported file pdf, txt, epub, kindle and other format this book has been release on with Competition, International categories.

How to Prove an Unfair Competition Claim Under New York Law. Under the same general heading of claims related to breach of fiduciary duty and it's closely-related cousin, the breach of a non-compete and/or non-solicitation agreement, is the claim related to.

By Dennis Crouch. Duvall v. Kenyon & Kenyon (D.D.C. InITC Chief Judge Donald Duvall published his treatise titled Unfair Competition and the ITC: Actions Before the International Trade Commission under Section of the Tariff Act of [correction] He retained ownership of the assigned legal title to the copyright to Clark Boardman Pub.

This study guide uses multiple-choice and short-answer questions to test your students’ knowledge of trademark and unfair competition law doctrine. Each multiple-choice question is accompanied by a detailed answer that indicates which of four options is the best answer and explains why that option is better than the other three Edition: 1.

With three-plus years of Defend Trade Secrets Act (the “DTSA”) law under our belts and almost a year of the “new” Massachusetts new trade secrets law, my new book, Trade Secrets Law for the Massachusetts Practitioner (1st ed., MCLE ), provides a detailed review of the law of trade secrets nationally, but with a focus on Massachusetts law.

The editors have carefully structured the book to ensure that there is a thorough analysis of how commercial values arising at the margins of classic IP rights are regulated.

Public Domain at the Interface of Trade Mark and Unfair Competition Law – The Case of Referential Use of Trade Marks Nari Lee Image Rights in Civil Law Systems. This is the first book to comprehensively integrate business torts (also known as economic torts) and unfair competition actions.

The book covers all of the major tort causes of action that one might see in a commercial litigation practice, including the economic loss rule, fraud, negligent misrepresentation, tortious interference with contract and prospective contract, breach of fiduciary Price Range: $ - $.

Claims for Unfair Competition in Pennsylvania - Read the Business Law legal blogs that have been posted by Casey B. Green on Unfair Competition Stephen M. Kramarsky, a member of Dewey Pegno & Kramarsky specializing in complex intellectual property litigation, writes that things move quickly on the Web and slowly at the.Students who have access to the platform through their law school will be able to access the content at no charge.

The Fifth Edition of Trademark and Unfair Competition Law: Cases and Materials retains the successful features of earlier editions, but has been thoroughly updated since the last edition was published in

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