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Kane on Trademark Law: A Practitioner's Guide (6th Edition)

 
Author(s): Siegrun D. Kane
Practice Area: Intellectual Property
Published: Sep 2013
Supplement Date: Jun 2016
ISBN: 9781402420665
PLI Item #: 50513

Written by one of the nation’s foremost trademark practitioners, the sixth edition of Kane on Trademark Law tells you everything you need to know about trademark issues and tactics—all in one convenient, easy-to-read volume with a searchable flash drive.

How do your facts stack up against the cases? Kane on Trademark Law, Sixth Edition will not only tell you with illustrative lists of cases on both sides of all major trademark issues, but will show you with full-color illustrations of previously litigated marks.

Kane on Trademark Law provides court-tested practical suggestions, including how to:

  • spot potential conflicts and save searching time and expense with effective shortcuts
  • overcome common descriptiveness rejections
  • update or amend registrations based on changes in the mark
  • prepare for depositions and prepare your deponents for the ordeal ahead.

Kane on Trademark Law will also bring you the latest on:

  • Disparagement: Is Section 2(a) of the Lanham Act constitutional? The arguments are laid out in the Washington Redskins appeal to the 4th Circuit and The Slants en banc appeal to the Federal Circuit. Will the Supreme Court be next?
  • Preclusion: The Supreme Court in B&B Hardware v. Hargis held that a TTAB decision finding likely confusion precludes relitigation of the issue in district court when the TTAB takes into account market-place usage of the parties’ marks. Will B&B impact typical TTAB proceedings?
  • Issues for the Court or Jury? The Supreme Court in Hana Bank held that a jury composed of ordinary consumers is better suited than the court to decide the issue of tacking. Are jurors also better suited to decide the issues of likely confusion and abandonment?
  • Irreparable Harm: Is the presumption of irreparable harm still viable in trademark preliminary injunction actions?
  • Attorneys Fees: Should the Supreme Court Octane Decision Relaxing the Standard for Fee Awards in “Exceptional” Patent Cases Apply to “Exceptional” Trademark Cases?
  • Internet Issues: The latest on discovery and social media, ICANN domain names and gTLDS.
  • The 1st Amendment defense to parody, false endorsement and competitors’ negative comments.

Plus you get easy access to key forms, step-by-step checklists and excerpts from key statutes.

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Siegrun Kane is a Partner in Kane Advisors LLP. She received her J.D. from Harvard Law School and has specialized in trademark and unfair competition law for over 40 years. Her focus is litigation, PTO proceedings and counseling.

Siegrun also acts as a consulting and testifying expert.

Siegrun is the author of Kane on Trademark Law: A Practitioner’s Guide, published by PLI. The text is now in its Sixth Edition with a midyear Supplement. The text covers: trademark selection, searching and maintenance, key trademark issues from plaintiff’s and defendant’s point of view, e.g. likelihood of confusion, false advertising, dilution, and counterfeiting, the latest in social media, use of surveys, discovery, attorney-client/work-product privilege - just about every issue likely to come up in trademark practice.

Siegrun lectures for PLI, INTA, New York City Bar and other CLE organizations.

You will find Siegrun repeatedly listed in The Best Lawyers in America, The International Who’s Who of Trademark Lawyers, New York Metro Super Lawyers and Who’s Who in American Law.

Siegrun is also a member of various Advisory Boards e.g., the Bloomberg BNA’s Patent Trademark & Copyright Journal and The McCarthy Institute.