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The Law of Intellectual Property, Fourth Edition

Craig Allen Nard, Michael J. Madison, Mark McKenna


  • ISBN: 9781454838791

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  • Description

    This comprehensive and practical book focuses on the core concepts of Intellectual Property. The book’s innovative pedagogy engages students with problems drawn from actual cases and provides them with introductions to cases and contextual summaries in the notes. 

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  • Details
    Page Count 1440
    Published 11/20/2013
  • Additional Product Details





    Chapter 1.           Introduction      

    Chapter 2.           Acquiring Patent Rights

    Chapter 3.           Enforcing Patent Rights

    Chapter 4.           Defenses to Patent Infringement            

    Chapter 5.           Remedies for Patent Infringement Patent Statutes        

    Chapter 6.           Acquiring Copyrights     

    Chapter 7.           Enforcing Copyrights     

    Chapter 8.           Defenses to Copyright Infringement      

    Chapter 9.           Remedies for Copyright Infringement Copyright Statutes            

    Chapter 10.         Acquiring Trademark Rights        

    Chapter 11.         Rights of Trademark Owners     

    Chapter 12.         Trademark Defenses     

    Chapter 13.         Trademark Remedies Trademark Statutes           

    Chapter 14.         Trade Secrets Uniform Trade Secrets Act             

    Table of Cases  



  • Author Information

    Mark P. McKenna

    Mark P. McKenna teaches and writes in the area of intellectual property. Professor McKenna is widely recognized as a leading scholar in the trademark area, having published a number of articles in leading law journals on the topic of trademark law. He has also written about copyright law, the right of publicity, and the intersection of intellectual property rights regimes. Some of his latest projects deal with concerns about intergenerational equity in intellectual property and the role of the placebo effect in intellectual property policy. Professor McKenna joined the Notre Dame Law School faculty on a permanent basis in the Fall of 2008 after visiting for a semester in the Spring of 2008. Prior to joining the faculty, Professor McKenna was a member of the faculty at Saint Louis University School of Law and practiced law with an intellectual property firm in Chicago, where he primarily litigated trademark and copyright cases. He graduated from the University of Notre Dame in 1997 with a degree in Economics and earned his J.D. from the University of Virginia School of Law in 2000.
    In addition to various intellectual property courses, Professor McKenna teaches the first year Torts class and has previously taught Civil Procedure.

    A Consumer Decision-Making Model of Trademark Law, 97 VIRGINIA LAW REVIEW (2011).
    Owning Mark(et)s, 109 MICH. L. REV. 137 (2010) (with Mark A. Lemley).
    Irrelevant Confusion, 62 STAN. L. REV. 413 (2010) (with Mark A. Lemley).
    Testing Modern Trademark Law’s Theory of Harm, 95 IOWA L. REV. 63 (2009).
    Trademark Use and the Problem of Source, 2009 U. ILL. L. REV. 773 (2009).
    The Normative Foundations of Trademark Law, 82 NOTRE DAME L. REV. 1839 (2007); reprinted at 97 TRADEMARK REP. 1126 (2007).
    The Right of Publicity and Autonomous Self-Definition, 67 U. PITT. L. REV. 225 (2005).

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    Craig A. Nard

    Craig A. Nard is the Tom J.E. and Bette Lou Walker Professor of Law and the founding director of the Center for Law, Technology and the Arts at Case Western Reserve University of Law. He is also a Senior Lecturer at the World Intellectual Property Organization Academy at the University of Torino, Italy, and Principal Advisor to the Center for Studies and Research in Intellectual Property in Calcutta, India. Craig practiced intellectual property law in Dallas, Texas prior to becoming the Julius Silver Fellow in Law, Science, and Technology at Columbia University School of Law. After his fellowship, he clerked on the United States Court of Appeals for the Federal Circuit in Washington, D.C. for the Honorable Helen W. Nies, and then the Honorable Giles S. Rich. Craig has published in various law reviews, including the Northwestern Law Review, Georgetown Law Journal, Minnesota Law Review, Illinois Law Review, Indiana Law Journal, Harvard Journal of Law & Technology, Review of Law & Economics, William & Mary Law Review, and the Wake Forest Law Review. He is also the author of the patent law casebook, The Law of Patents (Aspen Publishers 2008), Fundamentals of United States Intellectual Property Law, (Kluwer Law International 2006) (with Halpern and Port) and The Law of Intellectual Property (Aspen Publishing) (2005) (with Madison and Barnes). Craig served as member of the Northern District of California Advisory Committee on Model Patent Jury Instructions appointed by the Honorable Ronald M. Whyte of the Northern District of California. He is licensed to practice before the Patent and Trademark Office and is a member of the Texas bar

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    Michael J. Madison

    Professor Madison writes and teaches about information law and theory. Classroom subjects include various disciplines of intellectual property law, contracts and commercial law, and property law. His scholarship builds on research on common pool resources, on governance, and on ''knowledge'' as a subject of legal regulation.
    Professor Madison joined the University of Pittsburgh Law faculty in 1998. Before becoming a law professor, he practiced law in California for nine years.

    Books and Book Chapters
    The Law of Intellectual Property, 2nd edition, (with Craig Nard and David Barnes), includes Teachers' Manual and website (Aspen Publishers, 2009).
    The Law of Intellectual Property
    (Aspen Publishers, 2006) (with Craig Nard and David Barnes)
    Fair Use and Social Practices, in Intellectual Property and Information Wealth (Greenwood Publishers, 2006) (Peter Yu ed.)
    Articles and Essays
    Constructing Commons in the Cultural Environment, 95 CORNELL L. REV. 657-709 (2010) (with Brett M. Frischmann & Katherine J. Strandburg).
    The Complexity of Commons, 95 CORNELL L. REV. 839-850 (2010) (with Brett M. Frischmann & Katherine J. Strandburg).
    Beyond Creativity, Copyright as Knowledge Law, 12 VANDERBILT J. ENT. & TECH. L. 817-851 (2010).
    Some Optimism About Fair Use and Copyright Law, 57 J. COPYRIGHT SOC'Y U.S.A. 351-370 (2010).
    Of Coase and Comics, or the Comedy of Copyright, 95 VA. L. REV. IN BRIEF 27- 42 (2009).
    Notes on a Geography of Knowledge, 77 FORDHAM L. REV. 2038-2085 (2009).
    The University as Constructed Cultural Commons, 30 WASHINGTON UNIVERSITY J.L. & POL’Y 365-406 (2009) (with Brett M. Frischmann & Katherine J. Strandburg).
    Intellectual Property and Americana, or Why Intellectual Property Gets the Blues, 18 FORDHAM INTELL. PROP. MEDIA & ENT. L.J. 677-710 (2008).
    Writing to Learn Law and Writing in Law: An Intellectual Property Illustration, 52 ST. LOUIS U. L.J. 823-41 (2008).
    Metaphor, Objects, and Commodities, 54 CLEV. ST. L. REV. 141-174 (2006) (with George Taylor).
    The Idea of the Law Review: Scholarship, Prestige, and Open Access 10 Lewis & Clark L. Rev. 901 (2006).
    Social Software, Groups, and Governance 2006 Mich. St. L. Rev. 153
    Law as Design: Objects, Concepts, and Digital Things 56 Case W. Res. L. Rev. 381 (2005).

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