New York Law School
About the Course
This is a survey course in intellectual property law. You’ll learn the basic doctrines of the three major federal IP regimes—patent, copyright, and trademark—along with a taste of related state law, primarily trade secret.
We meet Tuesdays and Thursdays, 7:50-9:05 in room A700
Here’s what I expect from you in class:
- Please arrive promptly, be prepared to discuss the day’s readings, and bring your casebook with you.
- If you must miss a class session, email me beforehand.
- I call extensively on students, mostly at random. I’ll do everything I can to make the experience supportive and unthreatening.
- Questions are always welcome. I’ll answer as many questions as time constraints permit. If something seems unclear to you, it’s likely that others are also wondering the same thing.
- In class discussions, you should be respectful of and courteous towards your classmates. One of the skills you are learning as law students is how to express disagreement in a friendly and professional manner.
- Craig Allen Nard et al., The Law of Intellectual Property (2nd ed. 2008) [hereinafter Casebook]. The first edition is not a suitable substitute. Note that the book contains the statutory sections that would otherwise be in a supplement.
- The course supplement
The schedule below is divided into twenty-eight asssignments. Unless I tell you otherwise, you’re responsible for reading one assignment per class session. I promise to stick closely to a one-assignment-per-session pace.
I will attempt to audiotape each class and make the recording available through Blackboard, typically within 24 hours.
There will be a 24-hour take-home, open-book final exam. You.re responsible for anything in the readings or discussed in class, with the emphasis on what has been discussed in class.
The exam counts for 100% of your course grade, except that I may adjust it by one third up or down for class participation. I consider good class participation to be anything that helps your classmates learn.
Course Web Page
This syllabus is at http://james.grimmelmann.net/courses/ip2009S. As the semester progresses, I’ll post updates to it here.
Office: Room 706D, 40 Worth St.
Phone: (212) 431-2864
Email: jgrimmelmann (at nyls)
- Casebook 1–18 (background)
- Supplement 1–4 (drug stamps article, Warner-Lambert)
Part I: Trade Secret (2 classes)
- Casebook 937–60 (Learning Curve, BondPro, Incase)
- Problem 14-1
- Casebook 960–69 (Christopher, Stoneham)
- Casebook 977–78 (note 1)
- Chicago Lock Co. v. Fanberg, 676 F.2d 400 (9th Cir. 1982)
- Supplement 4–5 (Flaming Moe hypothetical)
Part II : Patent (8 classes)
- Casebook 662–85 (O’Reilly, National Recovery Technologies, Gentry Gallery)
Statutory Subject Matter and Utility
- Casebook 693–706 (Chakrabarty)
- Casebook 719–24 (Brenner)
- Supplement 6–9 (Coonan, Juicy Whip)
- Casebook 725–45 (Rosaire, Griffith, Fujikawa)
- Casebook 773–801 (Space Systems, Egbert, Lough, Klopfenstein)
- Casebook 745–773 (Graham, KSR)
- Casebook 803–27 (Phillips, Larami)
- Casebook 867–78 (Jazz Photo)
Part III: Copyright (8 classes)
- Casebook 305–27 (Bleistein, Feist)
- Problem 6-2
- Casebook 327–47 (Williams, Baker, Nash)
- Problem 6-3
- Casebook 355–81 (CCC, Lotus, Brandir)
- Casebook 399–422 (Aalmuhammad, CCNV)
- Problem 6-7
- Casebook 423–44 (Three Boys, Tufenkian)
- Casebook 572–77 (Lee v. A.R.T.)
- Casebook 473–502 (Fonovisa, Grokster, Perfect 10)
- Casebook 529–61 (Sony, Harper & Row, Campbell)
Review: Google Book Search
Part IV: Trademark and Unfair Competition (8 classes)
- Casebook 19–37 (Horizon Mills, Bristol-Myers)
- Casebook 116–22 (Rock and Roll Hall of Fame)
Trade Dress and Product Design
- Casebook 38–62 (Two Pesos, Samara Bros. Traffix, Qualitex)
- Casebook 66–87 (Phillips-Van Heusen, JT Tobacconists, California Innovations)
- Casebook 122–25 (certification and collective marks, the supplemental register)
- Problems 2-8, 2-9, 2-10
- Casebook 87–112 (Allard Enterprises, Healthcare Communications, Peaches Entertainment, Eastman Kodak)
- Problem 2-13
- Casebook 127–51 (Lever Bros, A&H Sportswear)
- Problems 3-1, 3-3
Dilution, Abandonment, False Advertising
- Casebook 178–82 (Wedgwood Homes)
- Supplement 10–26 (Electro Source, Barcamerica, Clorox)
- Casebook 240–58 (Sunmark, Arnold, August Storck, Walking Mountain)
- Problems 4-2, 4-3
Copyright and Trademark Review