3.00 Credits
Trademark law is of increasing importance in the modern economy, and this course is designed to provide a comprehensive introduction to trademark law and its changing role in the modern economy. Specifically, the course will examine the theoretical underpinnings of the common-law, statutory, and treaty-based trademark regimes; the rules and strategies for selecting and protecting trade names, trademarks, service marks, trade dress, product configuration, and domain names.; the procedures for registering marks with the U.S. Patent and Trademark Office; and the intersection of trademarks and the law of competition. Throughout the course, we will consider how trademark law mediates the sometimes-competing interests of consumers and brand owners. The major topics are the creation and acquisition of trademark rights (distinctiveness, functionality, use, and registration) and the scope and enforcement of trademark rights (geographic limits, theories of trademark liability, permissible use, and false advertising), with additional attention to internet-related issues like domain name disputes and anti-cybersquatting laws.Grading Restriction(s): Numeric grading (law students); A-F grading (graduate students).Registration Restriction(s): JD students only or with Instructor Permission.