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Law Courses Catalog

Advanced Trademark Practice and Strategy

This is an advanced, hands-on trademark course focusing on real-world issues encountered by trademark lawyers. Primary goals are for students to learn how to practice trademark law (as opposed to merely learning the law) and, hopefully, be better lawyers generally.

 We will examine the procedures and pitfalls in helping clients select, search/clear, and register trademarks. We will spend time conducting trademark searches and drafting opinions about a mark’s availability for use and registration. We will work on practice and procedure for trademark applications and registrations in the United States Patent and Trademark Office. The course will also examine trademark dispute and litigation strategies beyond merely reviewing the likelihood of confusion standard for trademark infringement, including the content and tone of “cease and desist” letters and responses to them, as well as consideration of how practical commercial realities impact dispute strategy and settled and litigated outcomes.

 A significant focus on the class is client communication, including ideas and strategies for best advising clients, and the course materials include review and discussion of various types of client communications.

 The goal is for the class to be an interactive, seminar-like environment. Active engagement and participation by students is required and, more importantly, make the class more enjoyable and productive for everyone. For this reason, 50% of students’ final grades will be based on class attendance and participation, including 2-3 written assignments that are evaluated on a “pass/fail” basis (as opposed to a letter/number-grade basis). The remainder of the grade for the course will be based on a final exam comprised of multiple choice and short-answer questions.

Prerequisite: Trademark and Unfair Competition Law

Updated April 5, 2015