LAW 7824 - Trademarks & Unfair Competition

This advanced course in intellectual property covers topics related to trademarks and unfair competition. The course will address the economic and policy aspects of trademark and unfair competition law in the federal and international systems, including related areas of comparative advertising and consumer protection law, and their adaptation to the internet age. The course will probe fundamental concepts like priority, use in commerce, distinctiveness, likelihood of confusion, geographical indicators, dilution and fair uses. Through a combination of assignments and guest lectures from diverse California industries, students will be exposed to the challenges facing trademark practitioners, including selection and federal registration of marks, licensing, pursuing counterfeiters, defending against infringement claims, and assessing non-infringing uses.
During the semester, students will be expected to undertake and complete several practical assignments that together will apply toward satisfying the course’s writing requirements (which is in lieu of a final exam). These may include: conducting an initial trademark clearance search, preparing an opinion letter on the availability of a mark for a new business, filing a (mock) intent to use registration at the USPTO, preparing a cease and desist letter, drafting a trademark license, and providing a client advisory on a recent case of interest. In addition to casebook assignments, students will be responsible for monitoring and analyzing trademark and unfair competition disputes in the news and presenting on them in class. This course will satisfy the Practice Oriented Writing Requirement. Letter grade. 3 credits