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Law 227: Trademarks & Unfair Competition

Law 227: Trademarks & Unfair Competition. Overview June 2, 2009 Jefferson Scher. TM & Unfair Comp — Day 1 Agenda. About the Course Introductions and Assignments Legal Foundation Competition vs. Unfair Competition Trademarks vs. Other IP Policy Rationales for Trademark Protection.

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Law 227: Trademarks & Unfair Competition

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  1. Law 227: Trademarks &Unfair Competition OverviewJune 2, 2009Jefferson Scher

  2. TM & Unfair Comp — Day 1Agenda • About the Course • Introductions and Assignments • Legal Foundation • Competition vs. Unfair Competition • Trademarks vs. Other IP • Policy Rationales for Trademark Protection

  3. Welcome to TM & Unfair Comp Introductions • Instructor • General background • Personal and course objectives • Students • Interests/Reasons for taking the course • Prior exposure to trademarks, trademark issues, trademark law

  4. Overview of Unfair CompetitionTrademarks and Brands • Is a mark a brand? • Terms Often Used Interchangeably • Elements of Brand • A name, symbol or image forms the core • Add style of presentation, aura, mystique • As a whole, an implicit promise about the goods or services with which the name/symbol/image is associated

  5. Overview of Unfair CompetitionTrademarks and Brands • How do brands matter to you? • Personal • Practical: choosing the right product • Happiness: supporting values • Social • Image: how others see you • Acceptance: joining a community

  6. Overview of Unfair CompetitionTrademarks and Brands • What are the boundaries of a brand? • Reach across goods and services • E.g., electronics brand • Reach across geographic divides • E.g., local delivery brand • Effect of marketing channels • E.g., upscale brand

  7. Overview of Unfair CompetitionTrademarks and Brands • Decoding the brand message • What is... • the brand? • its promise? • Is this a “good”brand for thesegoods? Why orwhy not?

  8. Fair and Unfair CompetitionSample Trademark Cases • Stork Restaurant v. Sahati p22

  9. TM & Unfair Comp — Up NextTopics and Reading for June 4 • Subject Matter, Distinctiveness • Chapter 2 pp. 43-104 • Online: Investacorp, Blisscraft, Walt-West, Zatarains, Filipino Yellow Pages

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