Trademark & Unfair Competition Law

 

Division of Online Learning

lawgrad@shu.edu | 973-642-8747 or 973-761-9000 ext. 8747

  • USPTO
  • registration
  • functional ownership
  • dilution
  • licensing
  • fair use
  • trademark rights
  • misappropriation
  • brand identity
  • infringement
  • trade dress
  • distinctiveness

Learn to:

  1. Identify trademark law basics, including distinctiveness, infringement, functionality, and ownership

  2. Identify special rules under trademark law for design, trade dress, and famous marks

  3. Guide companies in obtaining trademark rights through use and registration with the United States Patent and Trademark Office (USPTO)

  4. Appreciate how trademark rights can be transferred through assignment and licensing


This course explores common law and statutory protection of ideas, trade secrets, and trademarks, including acquisition and loss of trademark rights, registration with the USPTO, licensing, infringement, dilution and misappropriation of trademarks, and fair use and Internet use of trademarks and related remedies. Upon completion of the course, students will explain the policies underlying trademark law and its relationship to creation of brand identity through words and other symbols, analyze the issues raised for trademark law by specialized forms of identification such as trade dress, design, sounds, shapes and colors, and assess how functionality of a design affects trademark rights and claims of trademark infringement.


 


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