Università Roma Tre - Spring 2018

An Introduction to the U.S. Legal SystemAs Seen Through the Lens of Intellectual Property Law

By Professor James B. Levy

Nova Southeastern University College of Law (Ft. Lauderdale, Fl. USA)

COURSE DESCRIPTION & SYLLABUS

All classes will be held in Room A2 in Edificio Tommaseo, Via Ostiense 139

Class schedule:

CLASS 1 –Monday, 14 May from 16.00 to 17.45

CLASS 2 – Wednesday, 16 May from 17.45to19.30

CLASS 3 – Thursday, 17 May from 16.00 to 17.45

CLASS 4 – Monday,21 May from 16.00to 17.45

CLASS 5 – Wednesday, 23 May from 17.45 to 19.30

Final Exam:Thursday, 24May from 14.00 to 17:00, 2018: Computer Lab, main building

  1. Course objectives and learning outcomes:

The purpose of this mini-course is to provide you with an overview of the United States legal system including an understanding of statutes, common law (i.e. judge-made law) and the relationship between the two. We will discuss how common law is made and evolves in the context of an interesting and timely intellectual property issue regarding the “sale” of trademarked terms by search engines like Google.The federal trademark statute enacted in the 1940’s gives a party the right to create and use a word, term or phrase that identifiesit to consumers as the source of those goods or services.Google and other search engines have been sued over the years in connection with the practice of selling trademarked words through programs like AdWords that let third parties buy the right to have their advertisements linked to the results of consumer search queries. Courts have disagreed about whether this practiceviolates federal trademark law. How the courts resolve this issue has important implications for all internet users since so-called “keyword advertising” is the primary source of revenue for search engines like Google. Through class discussion about these issues, you will learn how U.S. law schools train students to read and analyze case lawand how to formulate legal arguments like U.S. trained lawyers.

After successfully completing the course, you will be able to:

  1. Demonstrate a basic understanding of how common law is made in the U.S., the interplay between statutesand common law, and how U.S. law schools use the “case method” to prepare students for the practice of law.
  2. Demonstrate an ability to read and understand U.S. legal authorities such as statutes and cases, written in English.
  1. Demonstrate a basic understanding of trademark law and its impact on search engines like Google that sell trademarked search terms though its AdWords program.
  1. Course materials:

There will be no book for this course. Instead, required readings will be available via a link posted by Universita Roma Tre.These readings are a critical part of the course content and must be studied carefully before each class.

  1. Course requirements and grading:

Class participation is an important part of this course. Everyone is responsible for reading the assigned materials for each class, thinking about their significance, and actively participating in class discussions.

All class readings are available via a link posted by Universita Roma Tre.

SYLLABUS

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CLASS 1 – Mon., May 14from 16.00 to 17.45

(Topic)(Reading)

1. Introduction to the U.S. legal system, the1. “Anatomy of a Law Suit” and

role of courts in making common law, and how“Introduction to the U.S. Legal

the common law evolves and changes over time. System” by Edward Goode.

2. Introduction to U.S. trademark law. 2.The Lanham Act.

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CLASS 2 – Wed., May 16from 17.45to19.30

(Topic)(Reading)

1. Establishing a trademark under the1. Overview of trademark law;

Lanham Act and the rights it confers.A trademark primer; A Practical Guide to Google’s AdWords Program

2.Does Google’s AdWordsprogram2.Playboy v. Netscape, (9th Cir.

implicate trademark law?2004);1-800 Contacts,(2nd Cir. 2004); Rescuecom, (N.D.N.Y 2004).

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CLASS 3 – Thu. May 17from 16.00 to 17.45

(Topic)(Reading)

1. Does selling trademarked search terms 1. Network Automation Inc., (9th Cir.

constitute “use in commerce”under the2011); College Network Inc. (5th Cir.

Lanham Act?(2010); Rescuecom, (2nd Cir. 2009).

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CLASS 4 – Mon., May 21from 16.00to 17.45

(Topic)(Reading)

1. Does selling trademarked search terms 1.Rosetta Stone, (E.D. Va. 2010);

cause “consumer confusion?”Infostream, (C.D. Ca. 2013); Romeo

& Juliette Laser Hair Removal, (S.D.

N.Y. 2014).

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CLASS 5 – Wed. May 23from 17.45 to 19.30

(Topic)(Reading)

1. Class review and practice exam1. None

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FINAL EXAM

Thur., May 24, 2018, from14.00 to 17:00, 2018: Computer Lab, main building.

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