Trademark and Unfair Competition Law

This course will introduce students to the federal Lanham Act and related statutory and common-law doctrines designed to protect against consumer confusion and appropriation of commercial goodwill. The course will cover trademarks, trade dress, false advertising, the right of publicity, misappropriation, and trade secrets. For each of these subjects we will discuss the policy reasons for offering protection, eligibility requirements, the prima-facie cause of action, typical affirmative defenses, and remedies. Where appropriate, we will also discuss international treaties and foreign laws that cover trademark and trade-dress protection, such as the Madrid Protocol, the EU Community Trademark System, and the EU community Design System. Students will be evaluated by examination.

Prerequisite: Intellectual Property Survey