This course provides a comprehensive study of U.S. trademark law under the Lanham Act and related doctrines. Students will examine the legal principles governing the protection of brand names, logos, symbols, slogans, trade dress, and other source-identifying marks. Through exploration of trademark creation, registration, enforcement, infringement, and defenses, the course prepares students to advise businesses, litigate disputes, and navigate complex issues in brand management.
Special focus is given to modern challenges such as internet infringement, domain name disputes, keyword advertising, social media branding, and international trademark enforcement. The course also touches on comparative aspects of foreign trademark law and treaty obligations under the Madrid Protocol and TRIPS Agreement.
Course Objectives:
By the end of this course, students will be able to:
-
Identify protectable trademarks and understand the legal requirements for protection.
-
Analyze the statutory framework of the Lanham Act, including registration and enforcement.
-
Assess likelihood of confusion and dilution in trademark disputes.
-
Advise clients on trademark selection, clearance, and prosecution strategies.
-
Evaluate enforcement options, including litigation, TTAB proceedings, and domain name actions.
-
Understand defenses and limitations such as fair use, parody, and First Amendment issues.
-
Address emerging trademark issues in technology, social media, and global markets.
