393 Trademark Law and Unfair Competition

This class offers an introduction to the law of trademark and unfair competition. Whether or not students intend to specialize in trademark law, a basic understanding of its rules will better enable them to advise clients who wish to protect their own marks, as well as those facing claims that they have infringed someone else’s mark. No technical background is needed. Trademarks include brand names and logos, and can also extend to other features that identify the source of a product for its consumers – including colors, packaging, and design – when they meet certain requirements. The course will begin with the requirements for obtaining trademark protection: distinctiveness, use in commerce, special rules for trade dress, and various bars to protection such as genericity and functionality. It will then cover confusion-based trademark infringement, secondary liability, anti-dilution, statutory and common law defenses, false advertising, and cybersquatting. Could a Utah theme park called “Evermore” stop Taylor Swift from calling her album “Evermore”? Did Lil Nas X’s Satan shoes infringe Nike’s trademarks? With the proliferation of craft brews, are we running out of brand names for beer, particularly pun-based “hoptions”? The course will address these and other pressing questions.

Course Areas of Practice
Evaluation Methods
  • Final Exam
Degree Requirements
Course Type
  • Lecture
Learning Outcomes
  • Knowledge and understanding of substantive and procedural law

Spring 2022

2022
Course Number Course Credits Evaluation Method Instructor Meeting Days/Times Room

393.01 2
  • Final Exam
Jennifer Jenkins M/W 11:00-12:00 PM 4055

This class offers an introduction to the law of trademark and unfair competition. Whether or not students intend to specialize in trademark law, a basic understanding of its rules will better enable them to advise clients who wish to protect their own marks, as well as those facing claims that they have infringed someone else’s mark. No technical background is needed. Trademarks include brand names and logos, and can also extend to other features that identify the source of a product for its consumers – including colors, packaging, and design – when they meet certain requirements. The course will begin with the requirements for obtaining trademark protection: distinctiveness, use in commerce, special rules for trade dress, and various bars to protection such as genericity and functionality. It will then cover confusion-based trademark infringement, secondary liability, anti-dilution, statutory and common law defenses, false advertising, and cybersquatting. Could a Utah theme park called “Evermore” stop Taylor Swift from calling her album “Evermore”? Did Lil Nas X’s Satan shoes infringe Nike’s trademarks? With the proliferation of craft brews, are we running out of brand names for beer, particularly pun-based “hoptions”? The course will address these and other pressing questions.

Pre/Co-requisites
None

Fall 2020

2020
Course Number Course Credits Evaluation Method Instructor Meeting Days/Times Room

393.01 2
  • Final Exam
Jennifer Jenkins Tu/Th 4:00 PM-5:00 PM

Current trademark and unfair competition law will be inspected from three different view points: theory, case law, and client representation involving transaction and litigation strategies. The course will cover the requirements for obtaining trademark protection (distinctiveness, use in commerce, special rules for trade dress, various bars to protection such as functionality), confusion-based infringement, secondary liability, trademark dilution, statutory and common law defenses, false advertising, and cybersquatting.

Pre/Co-requisites
None

Spring 2020

2020
Course Number Course Credits Evaluation Method Instructor Meeting Days/Times Room

393.01 2
  • Final Exam
Jennifer Jenkins MW 11:00-12:00PM 3000

Current trademark and unfair competition law will be inspected from three different view points: theory, case law, and client representation involving transaction and litigation strategies. The course will cover the requirements for obtaining trademark protection (distinctiveness, use in commerce, special rules for trade dress, various bars to protection such as functionality), confusion-based infringement, secondary liability, trademark dilution, statutory and common law defenses, false advertising, and cybersquatting.

Pre/Co-requisites
None

Fall 2018

2018
Course Number Course Credits Evaluation Method Instructor Meeting Days/Times Room

393.01 2
  • Final Exam
Jennifer Jenkins M/W 4:00-5:00 PM 4055

Current trademark and unfair competition law will be inspected from three different view points: theory, case law, and client representation involving transaction and litigation strategies.


Please note that course organization and content may vary substantially from semester to semester and descriptions are not necessarily professor specific. Please contact the instructor directly if you have particular course-related questions.

Pre/Co-requisites
None

Fall 2017

2017
Course Number Course Credits Evaluation Method Instructor Meeting Days/Times Room

393.01 2
  • Scheduled in-class examination
Jennifer Jenkins MW 4:00-5:00 PM 4055

Current trademark and unfair competition law will be inspected from three different view points: theory, case law, and client representation involving transaction and litigation strategies.


Please note that course organization and content may vary substantially from semester to semester and descriptions are not necessarily professor specific. Please contact the instructor directly if you have particular course-related questions.

Pre/Co-requisites
None

Fall 2016

2016
Course Number Course Credits Evaluation Method Instructor Meeting Days/Times Room

393.01 2
  • Scheduled in-class examination
Jennifer Jenkins MW 1:45-2:45 PM 4055

Current trademark and unfair competition law will be inspected from three different view points: theory, case law, and client representation involving transaction and litigation strategies.


Please note that course organization and content may vary substantially from semester to semester and descriptions are not necessarily professor specific. Please contact the instructor directly if you have particular course-related questions.

Pre/Co-requisites
None

*Please note that this information is for planning purposes only, and should not be relied upon for the schedule for a given semester. Faculty leaves and sabbaticals, as well as other curriculum considerations, will sometimes affect when a course may be offered.