This course offers a comprehensive survey of U.S. trademark and unfair competition law and underlying theory. Among other things, we will explore what constitutes a protectable trademark, trade dress, issues of distinctiveness and functionality, how trademark rights are acquired, how rights are enforced in both trademark infringement and dilution actions, countervailing free speech interests, false advertising, the right of publicity, and available remedies. The course will also focus on the evolving role of trademarks in a changing, technology-inflected society.

During this semester, you will learn the basics of trademark doctrine and develop a sense of the kinds of legal issues that brands, individuals, and marketplaces must navigate in today’s consumer marketplace. This introduction to trademark law will help you advise clients about how to best protect their rights and think about exceptions to these rights. In addition, we will discuss when and how the law should establish rights in source indications of goods and services and the nature of the tradeoffs at stake when the law does so.

Recommended for the following Professional Pathways: IP/Copyright and Trademark; Media, Entertainment, Sports, Fashion

3 Credits