美国商标法与品牌保护

This course provides a basic introduction to trademark law in the United States, as well as instruction in specific topics in trademark law that may be of particular interest to practitioners from outside the U.S.  The course begins by providing a broad overview of U.S. trademark law, briefly touching upon the theoretical basis for trademark law before outlining the basic structure of the law with respect to scope, acquisition of rights, liability, and defenses.  The remaining topics follow roughly this same order.  First, the course discusses non-traditional marks, such as color, sound, smell, and trade dress, and then describes how the doctrine of functionality can limit protection for such marks.  Next, the course covers the concept of use and the role that use plays in acquiring trademark rights in the U.S.  The course then turns to U.S. trademark registration, explaining both the significance of registration and the process for obtaining such a registration, including the possible consequences of bad-faith registration.  In addition, the course describes the bases for protecting foreign marks that have not been used within the United States.  Next, the course covers different forms of trademark liability, beginning with infringement based upon a likelihood of consumer confusion.  Different types of consumer confusion are explored, including approval confusion, post-sale confusion, and initial interest confusion.  The course also covers trademark dilution, both blurring and tarnishment.  Next. the course turns to trademark defenses, including descriptive fair use, nominative fair use, and defenses that apply to the use of trademarks in works of artistic expression.  The course then covers the different types of remedies available to successful trademark claimants, as well as the additional remedies available in cases of counterfeiting.  Next, the course covers the protections given to trademark owners with respect to the use of their marks in domain names.  Finally, the course covers the standard for secondary liability under U.S. trademark law.  Throughout the course, comparisons are made between U.S. trademark law and other forms of U.S. intellectual property law.