Trademark Law

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Key Concepts

This course provides an overview of trademark law, prepared and is presented by Tom James, an attorney who has been practicing law for over twenty years, focusing on intellectual property and business law. He is the author of E-Commerce Law: The Legal Compliance Handbook for Online Business and his articles have appeared in a variety of law reviews and business publications. Both in his regular practice and as a LegalCORPS attorney, Mr. James has helped many businesses get set up and operating in a way that advances their interests, reduces their exposure to liability, and protects their trademarks and other intellectual property interests.

By the end of this course, the user should have a working understanding of trademark law, the requirements for a valid trademark, how to choose one that is strong, distinctive and enforceable, and what goes into deciding if a trademark is confusingly similar to an existing one. Equipped with this knowledge, the user will be in a better position to perform and evaluate the results of a search, to decide whether to use a particular brand identifier as a trademark, and to decide whether to register it or not. The user will also learn how to prevent the loss of trademark rights, what recourse is available if someone uses a trademark without permission, and core defense concepts like fair use, abandonment, naked licensing, and the the first sale doctrine. The course also provides an overview of the registration process, the benefits of registration, restrictions on registration, and how to avoid losing trademark rights.

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