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Spring 2025 Course

Trademark and Unfair Competition

Prerequisite: None

Exam Type: Any Day Take-Home

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, First Amendment defenses, and the role of the right of publicity.