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

Intellectual Property

Trademark Dilution: What Marks are Eligible for Protection

This lesson covers the types of marks that are deemed eligible for protection under federal and state dilution laws.  Although the focus is on eligibility under the Federal Trademark Dilution Act (Lanham Act section 43(c)), there is coverage of the different types of state dilution statutes -- those based on the earlier (1964) Model State Trademark Bill (such as Massachusetts), and those based on the federal statute.

Trademark Exhaustion/First Sale

This lesson addresses the trademark doctrine of "exhaustion/first sale." The doctrine governs the trademark owner's continuing rights regarding authentic goods bearing the mark put into the marketplace. The lesson assumes familiarity with trademark's policy objectives, the basic "likelihood of confusion" test for infringement and "fair use," in particular nominative fair use and the problems associated with implied sponsorship.

Trademark Fair use

This lesson covers the fair use and related "nominative" fair use defenses to claims of trademark infringement. It assumes basic familiarity with trademark policy, the "generic to fanciful" spectrum of distinctiveness trademark classification system, and the likelihood of confusion test for infringement. It can be used (1) as a stand-alone introduction, (2) as a supplement when time restrictions limit in-class coverage, or (3) to reinforce points made during class.

Trademark Policy

This lesson discusses the social policy justifications for the legal protection of trademarks. It provides a general understanding of how those policy objectives derive from market economic principles as well as how they drive the core elements of trademark law. This lesson may be useful preparation for a first class on trademark law or to reinforce points made during a class on trademark policy.

Trademarks in the European Union: Advanced Topics

This lesson is a follow up to the European Union-Trademark Basics lesson. It presents additional information concerning two topics: "Unusual" marks and Exhaustion of trademark rights. (With regard to the latter, there is a comparison with U.S. law in the lesson.) At a minimum, users should be familiar with U.S. trademark law and should either review the Basics lesson or be generally familiar with EU trademark law. This lesson may be best used for review and additional learning.

Useful Articles

This lesson deals with the "useful article" limitation on protection of pictorial, graphic and sculptural works under copyright law. It assumes a general understanding of the policy objectives of intellectual property law, works of authorship, the test for determining if a work of authorship is protectable and the basic rights afforded. The lesson can be used either as an introduction to the exclusion or to supplement or reinforce in-class coverage.

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