Trademark Law

A trademark is a designation that distinguishes the source of goods or services. The law of trademarks is part of the broader law of unfair competition, which protects against a variety of “deceptive” and “inequitable” business practices. In this course, we will examine the subject matter of trademark law, the relationship between trademark law and patent and copyright law, the requirements for acquiring and retaining federal trademark rights, the standards for determining whether a trademark (registered or unregistered) has been infringed or diluted, limitations on the scope of trademark rights and various defensive doctrines. We will also study certain related unfair competition doctrines and the state law right of publicity.