University of New Hampshire

School of Law

Trademarks and Deceptive Practices

The goal of this course is to review trademark and other state and federal law designed to protect commercial goodwill; to explore the tension between trademark and related rights as intangible commercial property, on the one hand, and as devices to further competition and to prevent consumer deception, on the other; to explore trademark-related issues raised by commerce and speech on the Internet; to evaluate the rights of authors, artists, and other celebrities to trademark-like protection of their personae; and to analyze advertising claims against the backdrop of consumer perception. (The U.S. is a common law country in which trademarks are established through use and not registration. This course does not address the process for federal trademark registration; rather, it approaches trademark law from the standpoint of establishing trademark validity and enforcing valid trademarks through litigation or other dispute resolution mechanisms.)


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