Intellectual Property A Professor Chon

Fall 2005 Contact info: Room 454/XT 4042

Welcome to a survey of intellectual property law. We will be taking a whirlwind tour of this area, concentrating heavily on federal statutes and caselaw, with detours through some state doctrines.

The required texts for the class are: (1) Dreyfuss and Kwall, Intellectual Property: Cases and Materials on Trademark, Copyright and Patent Law(2nd ed., referred to below as “CB”); (2) Goldstein, Unfair Competition, Trademark, Copyright and Patent: Selected Statutes and International Agreements (Foundation 2005, referred to below as “Statutes”); and (3) the 2005 Casebook Supplement (referred to below as “CS” and which is available for free download as a .pdf file on the TWEN site). Occasionally, I will distribute additional hand-outs and/or readings. This is a heavily statutory class, so please purchase the Goldstein edition of the statutes and remember to bring it to class. (I purposely chose a highly edited statutory supplement so it would be light!)

Assigned readings by date are indicated below. Many chapters (which the casebook authors call Assignments) beginwith a hypothetical entitled Principal Problem. Throughout the semester, we will focus on some of these Principal Problems as a method of learning relevant case law and statutory law. Typically, we will try to discuss the Principal Problem at the end of each Assignment, e.g., you should expect an in-depth discussion of the Principal Problem for Assignment 2 at the end of class on 8/30. However, because there is a lot of material to cover, we will probably only begin to skim the surface of the problem in depth in class. If you are assigned to a particular Principal Problem, you are expected to continue the “class discussion” on-line via specific forums on the TWEN site. Please make sure to read the Principal Problem at least twice: once at the beginning of each Assignment, and again for the last class for the Assignment. For your convenience, I have provided a very detailed class assignment schedule below.

How will you know which statutes to consult? Towards the beginning of each Assignment in the casebook, you will find a section entitled: “3. Materials for Solution of Principal Problem.” This will list relevant statutory sections. Skim through the statutory sections listed just under this section title. Focus more closely on the actual statutory language analyzed in each case that is assigned for the day. I will try to emphasize the important statutory points.

In the last few years, several excellent hornbooks and treatises have been published, including one by Schecter and Thomas, available as an optional purchase in the bookstore and available on reserve in the library. The library also has all the major multi-volume treatises on permanent reserve (Chisum on Patents; Nimmer or Goldstein on Copyright; McCarthy on Trademarks; ask a reference librarian for assistance if necessary. These are terrific resources for if you end up practicing in this area. The web also has many excellent sites such as Cornell’s Legal Information Institute (hyperlinked federal statutes), and Copyright FAQs (answers to Frequently Asked Questions).

Your final grade will be based on a combination of class participation (20%) and a final examination (80%). Participation in at least one discussion of a Principal Problem is required. I will circulate a sign-up sheet during the first week of class. I adhere to the ABA’s twenty percent attendance rule: More than seven unexcused absences from class will result in a lowering of your final grade. Requests for excused absences must be made in writing, and either e-mailed or delivered to my faculty mailbox. I will excuse absences for illness or emergency family circumstances.

My fall 2005 office hours are MTTH 10:00-11:00 (right after class). If you need to reach me outside of my office hours, please schedule an appointment by e-mail. My assistant is Phyllis Brazier, whose desk is right outside the fourth floor faculty elevator. Please do NOT call or knock during the hour before class, unless it is a true emergency. Should you need to contact me for any reason, the most effective method is by e-mail.

I look forward to many wonderful classes with you!

ASSIGNMENTS AND PROBLEMS

CB – refers to Dreyfuss and Kwall, Intellectual Property: Cases and Materials on Trademark, Copyright and Patent Law (2d ed.)

CS – refers to the 2005 Casebook supplement, available on the TWEN site

Statutes – refers to the Goldstein Foundation 2005 statute book (please purchase this particular book and make sure to bring it to class, so that we can all be on the same page)

Class / Topic / Assignment
8/22 / Introduction to Intellectual Property / CB 1-5
8/22-8/23 / Trademark Protection: Introduction / Assignment 1 (CB 6-24)
Class / Topic / Assignment
8/23, 8/25 / Requirements for Trademark Protection: Physical Use, Cognitive Use (Distinctiveness) and Requirements for Federal Registration / Assignment 2 (CB 25-40; Notes 1-3)
Principal Problem
8/29 / Assignment 2 (CB 40-52;Notes 4-8)
8/30 / Assignment 2 (CB 52-59; Review Note 3(d); Notes 9-16)
Review Principal Problem
9/1 / The Scope of the Trademark Holder’s Rights: Infringement and Contributory Infringement / Assignment 3 (CB 82-97; Notes 1-5a and 10)
Principal Problem
9/5 / No class – Labor Day
9/6 / Assignment 3 (CB 97-108; Notes 6 and 11-12)
9/8 / Assignment 3 (CB 108-120; Notes 5b, 7-9 and 13)
Review Principal Problem
9/12 / The Interest in Public Access / Assignment 4 (CB 139-49; Notes 2-4, 9)
Optional Principal Problem
9/13 / Assignment 4 (CB 149-59; Notes 1, 5-7)
9/15 / Assignment 4 (CB 159-163; Note 8; Coombe and Herman, Trademarks, Property, and Propriety: the Moral Economy of Consumer Politics and Corporate Accountability on the World Wide Web (handout))
Optional TWEN discussion of Principal Problem
9/19 / Remedies / Assignment 5 (CB 196-206; Notes 1-9; do not read Principal Problem for this Assignment)
9/20 / Preemption of State Law: Trade Secrets, Covenants Not to Compete. . . / Assignment 24 (CB 882-98; Notes 1, 3, 8, 9)
Principal Problem
9/22 / Assignment 24 (CB 906-21; Notes 4-7)
Review Principal Problem
Class / Topic / Assignment
9/26 – 9/27*
* Note: heavy reading assignment / Patent Protection: Introduction
Subject Matter / Assignment 14 (CB 564-88)
Assignment 15 (CB 589-619)
We will skip the Principal Problem for this chapter and the next one.)
9/27 (continued) / Utility / Assignment 16 (CB 620-34)
No Principal Problem.
9/29 / Novelty / Assignment 17 (CB 635-45; Notes 1-3)
Principal Problem
10/3 / Nonobviousness and Originality / Assignment 18 (CB 666-79; Notes 1-3, 6
Principal Problem A only
10/4 / Statutory Bars / Assignment 19 (CB 714-25; Notes 1-6)
Principal Problem A only
10/6 / Priority / Assignment 20 (CB 741-64)
We will skip the Principal Problem for this chapter and the next two ones
10/10 / The Scope of the Patent Holder’s Rights: Infringement and Contributory Infringement / Assignment 21 (Handout (Larami Corp. v. Amron); Notes 1 and 4a)
No Principal Problem.
10/11 / Assignment 21 (CB 771-83; Notes 2, 3 and 4b)
10/13 / Guest lecture: Debra Harry and Le`a Kanehe, Esq., from the Indigenous People’s Council on Biocolonialism / Reading: To be posted on TWEN
10/17 / Infringement, continued / Assignment 21 (CB 789-99; Notes 5-10)
10/18 / The Interest in Public Access / Assignment 22 (CB 812-24; Notes 6-9)
No Principal Problem.
10/20 / Assignment 22 (CB 824-34; Notes 1-5)
10/24 / Copyright Protection: Introduction / Assignment 6 (CB 212-22)
10/25 / The Requirements of Originality and Authorship / Assignment 7 (CB 223-48; Note 1)
Principal Problem
10/27 / Assignment 7 (CB; 248-55; Notes 2-4)
Review Principal Problem
Class / Topic / Assignment
10/31 / Subject Matter: Useful Articles / Assignment 8 (CB 262-77; Notes 1-2)
We will skip the Principal Problem for this Assignment.
11/1 / The Recipients of Copyright’s Incentives: Ownership, The Work for Hire Doctrine, . . . and Moral Rights / Assignment 9 (CB 292-304; Note 6)
Principal Problem
11/3 / Assignment 9 (CB 304-16; Note 2)
11/7 / Assignment 9 (CB 316-25; Note 1)
11/8 / Assignment 9 (CB 333-44; Note 5; optional CB 345-50)
Review Principal Problem
11/10 / The Scope of the Copyright Holder’s Rights: Infringement / Assignment 10 (CB 359-82; Notes 2, 6, 10)
We will skip the Principal Problem for this Assignment.
11/14 / Assignment 10 (CB 389-96; Notes 3, 5, 7-9 and 11)
11/15 / Public Access Considerations and the Fair Use Doctrine / Assignment 11 (CB 411-14; 430-44; Notes 4-8)
Principal Problem
11/17 / Assignment 11 (CB 414-29; Notes 1-3)
11/21 / Assignment 12 (444-56; 2005 CS 5-16)
Review Principal Problem
11/28 / Preemption of State Laws: The Right of Publicity and Misappropriation / Assignment 13 (CB 523-37; Notes 1-3; 10)
Principal Problem
11/30 / Assignment 13 (CB 538-53; Notes 4-9)
Review Principal Problem
12/1 / Review and Final Exam Distribution

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