Advanced Trademark Practice and Strategy

Description:

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, to learn how to be better lawyers generally.

We will examine the procedures and pitfalls in helping clients select, clear, and register trademarks and enforce trademark rights. We will spend time looking at the selection and clearance of new trademarks and drafting opinion letters. We will also discuss and work on practice in the United States Patent and Trademark Office. The course will also examine trademark litigation strategies beyond merely reviewing the likelihood of confusion standard for trademark infringement.

The Intellectual Property survey is a prerequisite for this course, and the basic Trademark Law course is strongly recommended. Students will be expected to start off knowing basic principles of trademark ownership and infringement.

Grades will be based primarily on class attendance and participation. To be clear, class attendance and participation will account for at least half of the overall grade. The goal is for the class to be an interactive, seminar-like environment. Active engagement and participation by students is required. The remainder of the grade for the course will be based on a final exam of 20 multiple-choice type questions.

Prerequisite: Intellectual Property Survey

The American Bar Association accreditation standards require students to regularly attend the courses in which they are registered. Lewis & Clark expects students to attend classes regularly and to prepare for classes conscientiously. Specific attendance requirements may vary from course to course. Any attendance guidelines for a given class must be provided to students in a syllabus or other written document at the start of the semester. Sanctions (e.g., required withdrawal from the course, grade adjustment, and/or a failing grade) will be imposed for poor attendance.