Categories: Intellectual Property
Instructor(s) Frenchick, Grady
This course investigates the law of disputes about trade symbols -- Coke, Aspirin, Monopoly, Bucky Badger and the shape of a bottle of household bleach. The laws governing the use and abuse of trade symbols is a matter of both federal and state law, and this course develops both an understanding of the competing theoretical rationales for protection of trade symbols, and a knowledge of the mechanics of the federal and state laws concerning such symbols. Some attention is also given to actionable false advertising, as addressed in the Lanham Act. The course studies the interests of, and conflicts between, (1) consumers of products and services, (2) established producers of those products and services, and (3) those who wish to compete with the established producers.
A paper is required if the course is taken for three credits.
Learning Outcomes - Upon completion of this course, it is intended that the students will have learned:
1. The law of branding, i.e., the indication of source or origin of goods and services, as applied in a complex commercial environment;
2. A familiarity with US and, to some extent, OUS trademark office procedures and resources available to trademark registrants;
3. An understanding of the relationship between trademarks and other types of intellectual property and other bodies of law such as the First Amendment;
4. An understanding of trademark law in the context of unfair competition law.
5. The relationship between US trademark law and the trademark law of other countries.