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Preface | ||
Acknowledgments | ||
Ch. 1 | A Brief History of the Development of Section 43(a) of the Lanham Act | 1 |
Ch. 2 | The Lanham Act as a Trademark Protection Mechanism | 34 |
Ch. 3 | The Lanham Act as a Trade Dress Protection Mechanism | 94 |
Ch. 4 | The Lanham Act and False Advertising Claims | 172 |
Ch. 5 | The Lanham Act and Traditional Unfair Competition Claims | 213 |
Ch. 6 | The Lanham Act and Sui Generis False Representations | 228 |
Ch. 7 | Litigation Issues | 248 |
Ch. 8 | Surveys | 298 |
Ch. 9 | A Brief Overview of Other Unfair Competition Claims That May Accompany Section 43(a) Claims | 330 |
Appendix A Text of Unamended Section 43(a) | 339 | |
Appendix B Text of Revised Section 43(a) and Revised Sections 34, 35, and 36 | 343 | |
Appendix C Selected Excerpts of USTA Trademark Review Commission Report | 347 | |
Appendix D Selected Excerpts from the House and Senate Reports for the TLRA | 371 | |
Appendix E Alphabetical List of States and Their Respective Federal Circuits | 411 | |
Appendix F Types of Unfair Acts Actionable Under Section 43(a) | 415 | |
Appendix G Checklist for Trademark, Service Mark, or Trade Name Infringement Claims Under Section 43(a) | 425 | |
Appendix H Checklist for Trade Dress Infringement Claims Under Section 43(a) | 429 | |
Appendix I Checklist for False Advertising Claims Under Section 43(a) | 435 | |
Table of Cases | 439 | |
Index | 479 |
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