COURSE DESCRIPTION 2012 2013

Trademark Law

Prof. Jessica Silbey,

3 credits day; 3 credits evening. This course is about the intellectual property right known as a trademark. Although an introductory class to intellectual property is not a prerequisite to this course, a basic understanding of how trademarks compare with patents, trade secrets and copyright as other forms of intellectual property will help analyze the law and policy we will be discussing over the semester. A trademark is a designation that distinguishes source of goods or services. The law of trademarks is part of the broader law of unfair competition, which protects against a variety of ―deceptive‖ or ―inequitable‖ business practices. Trademark law is said to maintain a fair and efficient marketplace for businesses and for end-users (consumers). Trademarks are no different from other forms of intellectual property in that we are surrounded by them – so much so that we hardly recognize the variety and sheer number of trademarks we encounter on a daily basis. This course will aim to sharpen your insight into how trademarks live and develop in culture – both legal and popular culture – so that as a practicing attorney you can draw both on the black letter law and its nuances as well as on your experience as a consumer in order to advise your client. The course is taught in a question and answer method. Students are expected to have read the material and to be able to discuss it by answering questions and expand on the underlying rationale for the rules being learned and evaluated. Grades are based on a 3- hour in class exam. Professor Silbey reserves the right to include class participation in the student‘s overall grade.

This course will cover how trademarks rights are obtained, protected, and enforced, with a focus on common law rights as well as federal registration under the Lanham Act. Recent significant developments in the areas of trade dress protection and dilution will also be addressed.

Prerequisite: Intellectual Property Survey is recommended but not required

Elective Course

Meets Intellectual Property Concentration Requirements

Final Exam Required