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U.S. State Trademark and Unfair Competition Law


Updated August 2017

U.S. State Trademark and Unfair Competition Law is an exclusive INTA member benefit. If your organization is a member of INTA, please use your username and password to login on the upper right corner of this screen. If you don't know your login information, or you would like to learn more about the benefits of joining INTA, please contact Member Operations.

U.S. State Trademark and Unfair Competition Law, formerly a two-volume print publication, is now an online members-only reference that provides a singular comprehensive source for facts, commentary and analysis on U.S. state trademark and unfair competition law.

Topics covered in profiles of each of the 50 U.S. states and Puerto Rico include: registration statute, dilution, unfair business practices, deceptive trade practices, trademark counterfeiting, false advertising, corporate name reservation prior to incorporation, trade name registration, fictitious name statutes, unfair competition or passing off, personal name statutes, right of publicity, trade disparagement and franchising or business opportunity statutes. Also included are a comprehensive bibliography and quick reference charts.

Content Highlights
  • Procedure for Applying for Registration
  • Whether Use is a Prerequisite
  • Presumption of Doing Business
  • Judicially Created Dilution Doctrine
  • Extraterritorial Effect of Injunction under the State Statute
  • Prohibited Activities under Unfair Business Practices Acts
  • Standing and Remedies under Uniform Deceptive Trade Practices Act
  • Counterfeiting Statutes, Standing and Remedies
  • Corporate Name Reservation Requirements, Restrictions and Substantive Trademark Rights
  • Purpose and Requirements of Fictitious Name Statutes
  • Derivation and Intent of Unfair Competition or Passing Off Provisions
  • Use of Personal Names
  • Elements of Cause of Action and Survivability of Right of Publicity
  • Remedies under Trade Disparagement or Trade Libel Statutes or Common Law Doctrine
  • Formats for Franchising Offering Statements
  • Liability of Franchisor for Torts of Franchisee