You are here

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

Intellectual Property

Ownership of Copyright: Works Made for Hire

This lesson reviews the threshold principles of ownership by analyzing the "works made for hire" doctrine codified in the Copyright Act of 1976. In addition to an analysis of the current Copyright Act, this lesson will review the rules and doctrine of "works made for hire" under the Copyright Act of 1909. The review of both Acts is crucial to a proper determination of copyright ownership for original works of authorship created before January 1, 1978 and for those copyrighted works created on or after January 1, 1978.

A Primer on Copyright Infringement

This lesson is an introduction to the principles governing copyright infringement. After completing this lesson, you will be familiar with the standard used to determine liability for copyright infringement. Specifically, the lesson will introduce the elements necessary to support a claim of copyright infringement, which include assessments of copying, access, probative resemblance, striking similarity, improper appropriation, and substantial similarity.

Recovery of Damages for Trademark Infringement

The purpose of this lesson is to supplement your study of money damage recoveries permitted by The Lanham Act. Damage awards for trademark infringement may receive coverage in either your Remedies course or in your Trademark or Intellectual Property courses. This lesson will serve to introduce, review, and refine the principles you have studied in these respective courses to assist you in determining when damage awards for trademark infringement will be allowed.

Registration and Section 44

This lesson deals with the basics of trademark registration under Section 44 of the Lanham Act. It includes discussions of eligibility under this provision, the value of foreign registrations, issues of priority, and the necessity for use prior to and after registration. It can be used either to learn the subject or for review, but does presume general knowledge of the bases for registration under Section 1 of the Lanham Act.

Related Goods

This lesson is designed to help the student determine the scope of protection given to a trademark. It is designed to supplement material that has been covered in the trademark law course. The determination of the scope of a mark's protection is helpful in the initial selection of a trademark, the trademark registration process, and the enforcement of the trademark. The student will review the concept of related goods by investigating the scope of trademark protection in several scenarios. Students should be familiar with how to select a trademark, register a trademark, and apply the likelihood of confusion test.

Rights of Public Performance and Display

This lesson explores a copyright holder's right to control the performance and display of the related work of authorship. The lesson provides a broad overview of the rights with the exception of sound recordings, which are the subject of CALI lesson "Copyrights in Sound Recordings, CPY14." It can be used (1) as stand alone coverage of the topic, or (2) to expand or reinforce in-class discussion.

The Role of 'Use' in Trademark Law: An Overview

This lesson provides an overview of the central role of "use" in United States trademark law. It examines how the policy justifications driving trademark law (1) justify generally requiring use to obtain and maintain trademark rights and related infringement considerations and (2) define sufficient use for those trademark law purposes. It also addresses and explains the few specific exceptions to the use requirement. The lesson assumes a basic knowledge of trademark policy, the distinctiveness classification system and infringement. The lesson can be used as an overview summary at the end of a course or foundationally before a more detailed discussion of (1) acquisition of trademark rights and the related limitations, (2) loss of those rights, or (3) the role of use in federal registration.

Service Marks

This lesson explores the concept of service marks, and the similarities and differences between service marks and trademarks.

This lesson assumes that you have already acquired a basic familiarity with the rules that apply to marks that are used on or in connection with the offering of goods. Specifically, you should be familiar with the types of subject matter that may qualify as marks, the spectrum of distinctiveness, and the standard for determining whether a mark has been used in trade (or, for protection under the Lanham Act, in interstate commerce).

Statutory Interpretation

This lesson introduces the student to the doctrine and processes involved in interpreting state and federal statutes.  Statutes are a critical part of every substantive area of the law, so this is important background for every student, legal professional, lawyer and judge.

Pages