A study of nature of marks accorded common law and federal statutory protection as trade, service, certification, and collective marks. Special emphasis is given to concepts of adoption and use in commerce; intent-to-use; affixation; the descriptive, deceptively misdescriptive, geographic, surname, and secondary meaning of marks. Also treated are the topics of relationship of tradenames and trademarks, geographic and product extent of trademarks, concurrent use, confusing similarity, dilution, permissive use by others, and loss of trademark protection from causes such as abandonment or acquisition of a generic meaning. Students may not take both this course and Trademarks and Unfair Competition.
Upper-level course for:
XVIII. Intellectual Property Law