Law 227: Trademarks & Unfair Competition Overview June 2, 2009 Jefferson Scher

TM & Unfair Comp — Day 1 Agenda About the Course Introductions and Assignments Legal Foundation  Competition vs. Unfair Competition  Trademarks vs. Other IP  Policy Rationales for Trademark Protection

Welcome to TM & Unfair Comp Introductions Instructor  General background  Personal and course objectives Students  Interests/Reasons for taking the course  Prior exposure to trademarks, trademark issues, trademark law

Overview of Unfair Competition Trademarks and Brands Is a mark a brand?  Terms Often Used Interchangeably  Elements of Brand  A name, symbol or image forms the core  Add style of presentation, aura, mystique  As a whole, an implicit promise about the goods or services with which the name/symbol/image is associated

Overview of Unfair Competition Trademarks and Brands How do brands matter to you?  Personal  Practical: choosing the right product  Happiness: supporting values  Social  Image: how others see you  Acceptance: joining a community

Overview of Unfair Competition Trademarks and Brands What are the boundaries of a brand?  Reach across goods and services  E.g., electronics brand  Reach across geographic divides  E.g., local delivery brand  Effect of marketing channels  E.g., upscale brand

Overview of Unfair Competition Trademarks and Brands Decoding the brand message  What is...  the brand?  its promise?  Is this a “good” brand for these goods? Why or why not?

Fair and Unfair Competition Sample Trademark Cases Stork Restaurant v. Sahati p22

TM & Unfair Comp — Up Next Topics and Reading for June 4 Subject Matter, Distinctiveness  Chapter 2 pp  Online: Investacorp, Blisscraft, Walt- West, Zatarains, Filipino Yellow Pages