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  • This Subject Area Index lists all CALI lessons covering Intellectual Property.

Intellectual Property

The Geographic Scope of Trademark Protection

This program takes the student through the basics of a particular area of trademark law — the geographic scope of trademark protection. It includes the general common law principles as enunciated in early Supreme Court cases (Hanover, Rectanus) as well as zone of natural expansion. The program also contains complete coverage of Lanham Act principles including constructive notice, constructive use, section 33 and the limited area defense, concurrent use, and the need for confusion (Dawn Donut).

Incontestability

This lesson teaches about the concept of incontestability: what it is, and what benefits it confers on trademark owners. This lesson can be used either for teaching the subject or for review.

Injunctive Relief for Trademark Infringement

This lesson introduces you to the rules governing the award of injunctive relief in actions for trademark infringement. In trademark infringement cases, the harm or loss suffered by a plaintiff is often difficult to prove because of the lack of evidence of a causal connection between the harm and the defendant's wrongful conduct. To account for this evidentiary shortfall, the judicial preference in awarding relief in trademark infringement cases is injunctive relief. Despite this judicial preference, monetary remedies remain available for trademark infringement.

Introduction to Trade Dress Law

The purpose of this lesson is to serve as an introduction to the rapidly growing area of trade dress law. Several new developments have occurred in this area of the law just in the past five years. Most of these developments deal with the correct balance between protecting the freedom of competitors to copy packaging or design features on the one hand and protecting the appearance or physical features of a product when these packaging or design features operate as indications of source on the other.

Joint Works

This lesson explores the concept of a "joint work" in copyright law, including the legal standards which determine whether a work has been jointly authored as well as the legal consequences that attach to this characterization.

 

Likelihood of Confusion

Likelihood of confusion is a core concept in trademark law. This lesson is designed to teach the basics of confusion, as well as some more advanced aspects of the topic. It requires students to work through the multifactor analysis used by courts with specific problems. It also includes a discussion of the different forms of confusion.

Novelty (Section 102(a))

This lesson works through the details of patent law's novelty requirement as set out in Section 102(a) of the Patent Act. It also briefly covers Section 102(e) and inventorship. It does not deal with Section 102(b) statutory bars.

A general understanding of the nature of claims and the application process is assumed background context. The lesson can be used as supplemental preparation for class, to confirm your understanding afterwards or as a final self-test before the exam.

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