Kane on Trademark is a comprehensive resource on trademark law and tactics.  It includes lists of cases on both sides of all major trademark issues, full-color illustrations of previously litigated marks, sample forms, and step-by-step checklists. This book 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 and prepare witnesses for depositions.

The new release includes updates to the following chapters:

• Chapter 2 reviews a case from the First Circuit in which the green, white, and pink color scheme of candy was deemed functional by helping to identify the watermelon flavor of the candy.
• Chapter 10 includes a case from the Eleventh Circuit on Article III standing in the context of false advertising. This chapter also explains the pitfalls in failing to review the relevant circuit precedent regarding presumptions in the context of false advertising claims.
• Chapter 11 discusses federal (INFORM act) and state law related to content moderation on social media designed to deter the sale of, among other things, counterfeit merchandise. The state laws are facing First Amendment challenges.
• Chapter 12 covers post-Jack Daniel’s decisions, including the key Ninth Circuit decision in Punchbowl, Inc. v. AJ Press, LLC, which scales back application of Rogers when an expressive mark is used as a mark. It also reviews recent developments and arguments about the right to repair.

Order a print copy today.

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