About the Book
The Law of Intellectual Property
Third Edition
Craig Allen Nard
Case Western Reserve University School of Law
David W. Barnes
Seton Hall University School of Law
Mark McKenna
Notre Dame University School of Law
Michael J. Madison
University of Pittsburgh School of Law
2011. 1058 pages. ISBN: 978-0-7355-0740-1. With Teacher's Manual.
About the Book
Accessible in approach and focused on the effective presentation of the core concepts in copyright, trademark, trade secrets, and patents, the four main substantive areas of IP law
Features:
- Comprehensive, practical, and current coverage—IP’s traditional analytic structures are integrated with up-to-date cases, related materials, statutes, and context
- Distinguished authorship—these authors have practiced and published extensively in patents, trademarks, trade secrets, copyright, and Internet law
- Innovative, accessible pedagogy
- Introductions to cases that highlight the salient issues, the evolution and the current interpretation of each principle, and key statutory passages
- Current cases that clearly illustrate the principles under discussion
- Notes that clarify technological points and expand on the theory, context, and significance of each case
- Contextual summaries (in the Notes) that provide further details on statutes in an interesting and accessible format
- Integrated statutory excerpts that allow students to reference the rules without having to supplement the book or become bogged down in full statute sections
- Comparative Perspectives and Policy Perspectives that discuss and compare cases and rulings, special rules relating to technology, and theoretical views on a variety of topics and issues
- Problems drawn from real-world cases that introduce products, expressions, and inventions that will intrigue and engage students as they practice applying the law
- A detailed Teacher’s Manual that includes suggested syllabi, teaching notes and discussion pointers, additional problems, lists of supplemental materials, and examination and paper suggestions for each chapter
New to the Third Edition:
- New co-author Mark McKenna from Notre Dame. A leading junior scholar in the trademark area.
- Recent patent cases
Ariad Pharmaceuticals v. Eli Lilly (written description)
Bilski v. Doll (subject matter eligibility)
Proctor & Gamble v. Teva Pharmaceuticals (non-obviousness) (In re Kubin is discussed in great detail in Comments following Proctor & Gamble)
Lucent Technologies v. Gateway (indirect infringement) - New Trademark Principle Cases
Amazing Spaces, Inc. v. Metro Mini Storage (alleging infringement of a star design)
V Secret Catalogue, Inc. v. Moseley (alleging dilution of famous marks under FTDA)
Au-Tomotive Gold Inc. v. Volkswagen of America, Inc. (the doctrine of aesthetic functionality)
Dippin’ Dots, Inc. v. Frosty Bites Distribution, LLC (trade dress infringement and trademark design)
Dastar Corp. v. Twentieth Century Fox Film Corp. (unaccredited copying of an uncopyrighted work)
Blue Bell, Inc. v. Farah Mfg Co., Inc. (What constitutes bona fide use of a mark) - Coverage of fair use will be streamlined and simplified.



