Trade Dress & Design Law

3 units

This course will focus on issues at the intersection of trade dress, design patent, and copyright. In recent years, firms have increasingly been using trade dress to protect the design of items like purses, watches, and even websites. Relatedly, design patents have become a much more popular mode of protection. Due to time constraints, the basic trademark class focuses on the obtainment and protection of word marks with product design and product packaging taking a less prominent role. Likewise, the basic patent class cannot cover much about design patents, especially with respect to damages - one of the most interesting current issues. Finally, the copyright class cannot focus intensely on the useful article doctrine. This class will examine all these topics in great detail. In addition, the rules governing counterfeit goods will be considered. This course does not have any prerequisites. That said, I would encourage students to view the course as a capstone - one they take after they have completed the basic courses in copyright, patent, and trademark.