S. Federal Court Litigation: Trademark and Copyright Cases

Course Information

Course Number
L8051
Curriculum Level
Upperclass
Areas of Study
Intellectual Property and Technology
Type
Seminar

Section 001 Information

Instructor

Section Description

This is a "hands-on" course in litigating trademark, copyright, false advertising or right of publicity cases in federal court. Open only to students who have taken the introductory course in Trademark Law or Copyright Law (or both), it is taught from the perspective of an experienced trademark and copyright litigator. It should be of interest to any student who seeks to understand how intellectual property litigation works, particularly those who plan a career in the area.

We will start with pre-litigation considerations, such as investigating the defendant's activities and sending a "cease and desist" letter, and follow the litigation process through trial and appeal. Assuming that the goal of any litigation is to achieve the "just, speedy and inexpensive" resolution of the dispute, Fed. R. Civ. P. 1, we will focus on techniques for achieving those ends and problems that can impede them. In addition to reviewing and discussing cases, students will be given the opportunity to litigate realistic hypothetical cases by, for example, conducting the deposition or cross-examination of a survey expert or musicology expert, or presenting the trial testimony of a witness who allegedly was confused by two similar, competitive packages. We will also write pleadings, discovery requests and other litigation documents; engage in settlement negotiations; and draft survey questionnaires. Further, the instructor's law firm regularly conducts hearings, trials and appeals in federal court here in New York, and we will try to observe those and discuss them with the attorneys involved.

Fact patterns and substantive legal issues for the course will include: trademark infringement (likelihood of confusion between brand names); copyright infringement (two works that are alleged to be substantially similar); comparative advertising claims (one product is better, cheaper, etc., than a competitive product); infringement of trade dress, including package designs and product configurations; and use and misuse of names and likenesses of celebrities.

The course will meet once per week. In addition to selected cases, reading materials will include pleadings, settlement agreements, survey questionnaires and similar items from actual cases, to be distributed during the semester. Grading is based on class participation and written drafting assignments during the semester.

School Year & Semester
Spring 2020
Location
WJWH 600
Schedule
Class meets on
  • Wednesday
4:20 pm - 6:10 pm
Points
2
Method of Evaluation
Other
J.D Writing Credit?
No

Learning Outcomes

Primary
  • Understanding the litigation process in copyright and trademark cases to allow for efficient and inexpensive resolution of the dispute.
  • Development of lawyering skills in the context of litigation of copyright and trademark cases, including oral advocacy, in particular preparing for and arguing motions and appeals; preparing for and conducting depositions of fact witnesses; negotiation and mediation of an intellectual property dispute; preparing and conducting direct testimony and cross examination of an expert witness in a copyright or trademark case; working collaboratively on the foregoing.
  • Understanding surveys (public opinion polling) as used in trademark and false advertising cases.

Course Limitations

Instructor Pre-requisites
Trademark Law or Copyright Law
Instructor Co-Requisites
None
Recommended Courses
None
Other Limitations
None