Trademark & Unfair Competition

Course Information

Registration Information

Meeting Times

Day Time Location
MON, TUE 1:15 - 2:05 pm TNH 2.137
THU 1:15 - 2:05 pm TNH 2.138

Evaluation Method

Type Date Time Location
Final exam May 12, 2014 8:30 am A-Z in 2.140

Description

This course will explore the doctrine, policy, and theory of trademark protection and unfair competition law. We will focus on the federal Lanham Act and also cover some aspects of state unfair competition law. We will ask why, and in what circumstances, things like words, symbols, slogans, product design, packaging, smells, sounds, and restaurant decor can serve as trademarks. We will also study the rules of trademark ownership, including how a party can obtain, maintain, and transfer trademark rights; the scope and limitations of trademark rights; the rules and policies related to trademark infringement and dilution; the nature of trademark defenses, and the right of competitors (and the public) to engage in unauthorized uses of marks for purposes such as parody and comparative advertising. Along the way, we will discuss the heated debates over the broad expansion of trademark rights in recent decades and explore some of the trademark issues involved with internet uses of marks. Other topics that might be covered, time permitting, include false advertising and the legal protection of trademarks abroad.

Textbooks ( * denotes required )

Trademark and Unfair Competition: Law and Policy *
Graham B. Dinwoodie & Mark D. Janis
Aspen , edition: Fourth
ISBN: 9781454827825
Case and Statutory Supplement to Trademarks and Unfair Competition *
Graham B. Dinwoodie & Mark D. Janis
Aspen , edition: Most Recent

Instructors

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