Book Reviews

AuthorThomas A. Kain,Bert A. Collison
DOI10.1177/0003603X7401900229
Published date01 June 1974
Date01 June 1974
Subject MatterBook Reviews
BOOK
REVIEWS
489
George
J.
Alexander, Commercial
Torts,
Indianapolis: The
Allen Smith Company (1973), 437 pp., $10.00.
A single volume of fewer than 500 pages which seeks to
cover the field of commercial
torts
must necessarily be general
and concise. The
present
work is such but, nevertheless, ap-
pears
to fulfill the author's stated purposes of presenting
an
"overview" of the field and of being sufficiently basic to allow
one with no knowledge of the field to acquire a solid ground-
ing.
In
achieving these objectives the work diminishes
its
usefulness to practitioners who, more or less, specialize
in
the field.
The chapter on trademarks and
trade
names sets out the
basic concepts of the subject and gives the intended overview.
It
would be helpful if
future
supplements
list
the marks and
goods involved in cited cases.
In
dealing with product simulation cases the general princi-
ples
and
policy considerations
are
adequately set forth, as is
the impact of the
Sears
and Compco cases,
but
the section
would be improved by a discussion of the case law subsequent
to these decisions.
Alimitation of the work, which is occasioned by
its
brevity,
is
that
it
does not amplify certain troublesome basic concepts
and
it
cannot adequately set out the subtleties of the more
complex questions.
For
example, one having little or no
knowledge of
trade
secrets could be confused by the state-
ments regarding the significance of "novelty" in
trade
secret
protection, as discussed
at
pages
208-09.
This chapter also
includes a section oddly entitled "Copyright of
Ideas"
which
might
better
have been presented,
and
more fully, in a sepa-
rate
chapter.
The chapter on misrepresentation does not discuss
any
au-
thority on the question of geographical misdescriptiveness
subsequent to California
Apparel
Creators v. Wieder
of
Cali-
fornia, Inc., 162
F.
2d 893 (2d Cir. 1947). One assumes
that
the more recent cases will be included in the pocket supple-
ment. This chapter also deals with the
early
cases constru-

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