This course will introduce students to the federal Lanham Act and related common law doctrines designed to protect against consumer confusion and appropriation of commercial goodwill. In addition to the technical requirements for trademark eligibility, registration, and infringement, we will consider the constitutional and economic underpinnings of trademark protection and evaluate current trends toward the "propertization" of trademark law. The course also will include material on the trademark treatment of Internet domain names, metatags, and links. Students in Professor Calcagno's section will be required to participate in at least one oral argument of approximately ten minutes before their classmates arguing in favor of a position selected by the professor.
Learning goals for Professor Julie Cohen's section:
Critical mastery of the existing statutory, doctrinal, and policy landscapes; critical mastery of strategic considerations in trademark and brand licensing and litigation, in technology ventures that implicate trademarks, and in trademark and unfair competition policymaking.