Basic HTML Version
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