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No LawIntellectual Property in the Image of an Absolute First Amendment$
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David L. Lange and H. Jefferson Powell

Print publication date: 2008

Print ISBN-13: 9780804745789

Published to Stanford Scholarship Online: June 2013

DOI: 10.11126/stanford/9780804745789.001.0001

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Unfair Competition and Trademarks

Unfair Competition and Trademarks

(p.3) Chapter 1 Unfair Competition and Trademarks
No Law
Stanford University Press

This chapter discusses the concept of unfair competition, focusing on two parts of the concept: passing off and misappropriation. It then turns to trademark law, providing a definition and examples, and discussing how trademark law is an essential auxiliary to fair and efficient competition. It argues that in its contemporary juxtaposition of exclusivity and appropriation, trademark law shares a rough correspondence with unfair competition's concern for the disincentives to productivity and efficient management that may follow upon the heels of misappropriation, and with the law's corresponding proscription against reaping where one has not sown.

Keywords:   exclusivity, appropriation, unfair competition, passing off, misappropriation, trademark law, competition

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