Apart from their assigned mod courses, 1L students may only enroll in courses offered as 1L electives. A complete list of these courses can be found on the 1L Elective Listings page. 1L students must use the 1L class number listed on the course description when enrolling.
278.11 sec. 001 - Trademark Practice (Spring 2024)
Instructor: Angela Lucille Dunning
Instructor: Kelley Harrington
Instructor: Judd Lauter
View all teaching evaluations for this course - degree students only
Units: 2
Grading Designation: Graded
Mode of Instruction: In-Person
Meeting:
Tu 08:00 AM - 09:50 AM
Location: Law 145
From January 09, 2024
To April 16, 2024
Course End: April 16, 2024
Class Number: 32753
Enrollment info:
Enrolled: 20
Waitlisted: 0
Enroll Limit: 20
As of: 04/27 06:46 AM
This course provides students with an opportunity to experience trademark law practice. After reviewing the fundamentals of trademark law, students will work through a series of simulations of trademark practice activities and proceedings, including selecting trademarks and conducting due diligence, registering trademarks, responding to an office action from the United States Patent & Trademark Office, negotiating a co-existence agreement, drafting a complaint, use of survey experts, drafting dispositive motions, and trial proceedings.
Students will be evaluated based on their performance on the simulations and a practical, final project. Attendance at all sessions is expected.
Angela litigates trademark, copyright, trade secrets and unfair competition cases - as well as other complex commercial disputes - for the world’s top companies. She has tried numerous cases to a jury verdict and has substantial experience in the federal appellate courts, including successful arguments before the US Court of Appeals for the Ninth Circuit in high-profile, published cases. Among these, Angela represented Google in an important genericide trademark suit, Elliott v. Google, in which the Ninth Circuit unanimously affirmed summary judgment that the GOOGLE trademark is not generic. She represented Blurb in the “monkey selfies” copyright suit, Naruto v. Slater, procuring affirmance of the lower court’s dismissal order on the ground that animals, as non-humans, lack standing under the Copyright Act. Angela also obtained dismissal and affirmance for eBay on copyright preemption grounds of claims asserted under the California Resale Royalty Act (Close v. Sotheby’s). In other notable cases, Angela served as lead counsel for 23andMe in a trademark dispute with Ancestry.com over rights to the term “ancestry,” and she co-led a team that procured dismissal with prejudice of two different cases against Meta Platforms - one of which, Dfinity Foundation v. Meta Platforms, was recognized by Law360 as a top trademark decision of 2022.
Angela’s current practice focuses on intellectual property issues arising from generative AI. She represents Midjourney, a prominent generative artificial intelligence platform, in connection with a first-of-its-kind class action lawsuit asserting copyright infringement, Digital Millennium Copyright Act and right of publicity claims; is defending Meta Platforms against copyright infringement and related claims filed by comedian Sarah Silverman, writer Michael Chabon and others directed to its large language model, LLaMA; and is advising numerous other companies on the development and use of generative AI tools. Angela widely presents and lectures on the intellectual property implications of generative AI.
World Trademark Review describes Angela as a “high-caliber trial lawyer,” as well as a “great writer and strategist who leaves no stone unturned in developing her positions.” She has repeatedly been named one of the Top 100 Women Lawyers in California by Daily Journal and a leading lawyer for commercial disputes by The Legal 500 US. In 2022, she taught trademark law and branding at UC Berkeley School of Law.
Kelley represents clients ranging from iconic brands to emerging growth companies, including many of the most recognized startups in the world. She maintains a varied intellectual property practice that includes client counseling and litigation across a range of trademark, copyright and advertising matters. She has significant experience counseling clients in complex matters relating to trademarks, the Digital Millennium Copyright Act, false advertising, unfair competition, cybersquatting and counterfeiting. She routinely coaches clients on worldwide brand selection, protection, and enforcement, manages global IP portfolios, prosecutes U.S. trademark applications, advises on complex licensing and assignments, and partners on strategic corporate transactions. She also practices before the U.S. Patent and Trademark Office Trademark Trial and Appeal Board, in federal court, and arbitrates domain name disputes before the National Arbitration Forum and World Intellectual Property Organization. Kelley is also a member of the International Trademark Association Geographical Indications Committee.
Judd is a Special Counsel in the San Francisco office of Cooley LLP. He is a member of the firm’s Trademark Copyright & Advertising group, where his practice is focused on trademark and copyright litigation, counseling, and prosecution. As a career trademark practitioner, Judd has deep experience navigating trademark issues before federal courts and the USPTO and he is a trusted advisor to start-ups and household names alike.
Judd has had a lifelong interest in science and technology and has followed developments in the field of artificial intelligence closely. As generative AI has begun to transform business and the law, Judd has assumed a leading role in advising clients on the legal complexities and challenges implicated by these technologies.
Attendance at the first class is mandatory for all currently enrolled and waitlisted students; any currently enrolled or waitlisted students who are not present on the first day of class (without prior permission of the instructor) will be dropped. The instructor will continue to take attendance throughout the add/drop period and anyone who moves off the waitlist into the class must continue to attend or have prior permission of the instructor in order not to be dropped.
Prerequisites:
It is strongly recommended that students have taken Intellectual Property Law 275.3 (or equivalent course at another law school)
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Requirements Satisfaction:
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Exam Notes: (T) Course ends in a final practice trial, arguments, or other presentation (e.g. Powerpoint)
Course Category: Intellectual Property and Technology Law
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