Kane on Trademark Law is a comprehensive resource on trademark law that provides court-tested practical suggestions on how to quickly spot potential conflicts and save time on searches, overcome common descriptiveness rejections, update or amend registrations, and prepare witnesses for depositions. It includes detailed lists of cases, full-color illustrations of previously litigated marks, sample forms, and step-by-step checklists. The treatise is updated regularly to provide in-depth analysis of the most recent developments in the field.
The new release provides expert analysis and practical insights regarding a wide range of trademark issues. Topics of interest include:
- Trade dress: A color illustration from the Tenth Circuit’s Bimbo Bakeries case has been added to Appendix B. The case is also cited in section 3:2.2[F].
- Clearance: Revisions discuss the importance of ensuring that the appropriate rights have been secured to use the planned typeface for the brand (see section 4:3.4).
- Priority: Revisions cover requirements to establish “use analogous to trademark use” (see section 5:1.1).
- Internet: Revisions cover the Metabirken NFT jury verdict and issues surrounding artificial intelligence tools, such as ChatGPT and Dall-E (see section 11:1.3).
- Defenses: Revisions include updates to the General Cigar case (see section 12:2.2[D][1]) and Bluetooth case (see section 12:1.4).
The Table of Authorities has also been updated.
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