This playlist arranges videos from my trademark course in order. It is organized to reflect the structure of my casebook, available for free here: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3894036 , but for the most part they can be viewed independently.
Aulas do Curso
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Why protect trademarks? The happy story of trademark law (Trademark law: Chapter 1-1)
This video explores the purposes of trademark law. What do we get out of protecting trademarks?This video introduces the…
1
Do brands help or hurt? Tensions in the happy story of trademark law (Trademark Law: Chapter 1-2)
Trademarks can be enormously helpful to consumers, but are there ways in which trademark protection might undermine our …
2
More tensions in the trademark story (Trademark Law: Chapter 1-3)
This video continues discussing tensions in the happy story of trademark law. Specifically, it introduces: (1) the probl…
3
Introduction to trademark distinctiveness (Trademark Law: Chapter 2-1)
This video begins a series on trademark subject matter (what can be a trademark?), beginning with a brief overview of th…
4
The spectrum of distinctiveness (Trademark Law: Chapter 2-2)
What kinds of words can become trademarks? This video discusses the "spectrum of distinctiveness" (also known as the Abe…
5
Questioning the spectrum of distinctiveness (Trademark Law: Chapter 2-3)
Though the spectrum of distinctiveness is well-established, it is open to question. This lecture discusses a study that …
6
Trademark Law: Chapter 2-4: adjudicating trademark distinctiveness
This video discusses some issues in adjudicating whether a word performs a trademark function and uses the case Zatarain…
7
Trademark Law: Chapter 3-1: Generic marks
Generic terms may never be trademarked. This video discusses some issues surrounding generic marks. It also features noi…
8
Trademark Law: Chapter 3-2: adjudicating genericism and the booking.com case
This video discusses several issues concerning the adjudication of whether a mark is generic. The discussion covers the …
9
Trademark Law: Chapter 3-3: other laws affecting consumer information
In considering the role of trademarks in everyday life, it's important to keep in mind that trademark law is just one of…
10
Trademark Law: Chapter 4-1: trademarking non-word marks
Trademarks are not limited to word marks. This leads to the question of how (or whether) doctrines developed for word ma…
11
Trademark Law: Chapter 4-2: Trademark protection for colors
Can color be a trademark? In Qualitex Co. v. Jacobson Products Co., the Supreme Court said yes, enabling protection for …
12
Trademark Law: Chapter 4-3: the problem of trademark protection for trade dress
In Two Pesos, Inc. v. Taco Cabana, Inc., the Supreme Court ruled that trade dress could be inherently distinctive. This …
13
Trademark Law: Chapter 5-1: Wal-Mart and product design
Having raised a host of problems in its Two Pesos ruling, the Supreme Court curtailed some of the damage in its opinion …
14
Trademark Law: Chapter 5-2: trade dress recap and the subtle benefits of studying trademark law
This video offers some recap of trade dress law. In the second part, it offers an argument for studying trademark law as…
15
Trademark Law: Chapter 6-1: introduction to functionality
The functionality doctrine is a major limit to the subject matter of trademark. The major Supreme Court precedent on fun…
16
Trademark Law: Chapter 6-2: TrafFix and functionality
This video discusses the Supreme Court's TrafFix opinion, in which the Court stopped an effort to use trademark law to l…
17
Trademark Law: Chapter 7-1: aesthetic functionality
Courts are considerably more skeptical of functionality claims when they see the feature in question as being merely aes…
18
Trademark Law: Chapter 8-1: rules vs the rationales for rules
This video makes a little side point about the application of legal rules with some trademark doctrine as the point of d…
19
Trademark Law: Chapter 8-2: Dastar
The Supreme Court's Dastar opinion tries to police the boundary between copyright and trademark law.
All the videos of …
20
Trademark Law: Chapter 9-1: trademark rights and ITUs
This video introduces the topic of trademark priority. Who gets rights to a mark when two parties want it? This lecture …
21
Trademark Law: Chapter 9-2: trademark use for priority--use in commerce and analogous use
This video covers two kinds of use that can give a would-be trademark holder priority to the mark. I use the case FN Her…
22
Trademark Law: Chapter 9-3: surrogate use and tacking
People (correctly) call the New York Yankees the evil empire. That has trademark consequences. This lecture explains the…
23
Trademark Law: Chapter 10-1: the Tea Rose doctrine
Absent registration, trademark rights are limited in geographic scope.
All the videos of this series are collected he…
24
Trademark Law: Chapter 10-2: Registration and geographic scope
The Lanham Act's registration regime gives trademark holders the ability to obtain nationwide priority for their marks.
…
25
Trademark Law: Chapter 12-1: Introduction to registration
This video provides a very brief overview to trademark registration. The following videos discuss some of the Lanham Act…
26
Trademark Law: Chapter 12-2: Deceptive marks
"Deceptive" marks are barred from registration.
All the videos of this series are collected here: https://www.youtube.c…
27
Trademark Law: Chapter 12-3: Geographic bars
The Lanham Act has several rules pertaining to registering geographic marks.
All the videos of this series are collecte…
28
Trademark Law: Chapter 12-4 : Other registration bars and recap
This video provides a brief overview of some other registration bars.
All the videos of this series are collected here:…
29
Trademark Law: Chapter 12-5 : Incontestability
In time, a trademark registration can become "incontestable," conferring certain advantages.
All the videos of this ser…
30
Trademark Law: Chapter 15-1: adjudicating trademark infringement -- the multifactor test
Trademark litigation centers on the question of consumers are likely to be confused by the defendant's conduct. But how …
31
Trademark Law: Chapter 15-2: actual confusion and surveys
The likelihood of confusion standard is not simply about empirics. Its application raises a number of contested normativ…
32
Trademark Law: Chapter 15-3: standard of review for the multifactor test
There is a circuit split on how district court likelihood-of-confusion evaluations should be reviewed.
All the videos o…
33
Trademark Law: Chapter 15-4 : what does the multifactor test give us?
Whether the multifactor test benefits trademark law is a complicated issue--one that can be evaluated by multiple metric…
34
Trademark Law: Chapter 16-1: complicating the multifactor test--Maker's Mark
Litigation over the Maker's Mark red wax seal illustrates some issues with how judges apply the multifactor test outside…
35
Trademark Law: Chapter 17-1: merchandising
The use of trademark law to protect merchandising markets presents a challenge to trademark doctrine.
0:00 Introduction…
36
Steamboat Willie and Trademark Law
Steamboat Willie, the first appearance of Mickey Mouse, is now out of copyright and in the public domain. But what can D…
37
Trademark Law: Chapter 17-2: initial interest confusion
Trademark law sometimes polices potential "confusion" that occurs prior to the point of sale.
All the videos of this se…
38
Trademark Law: Chapter 17-3: post sale confusion
"Post-sale" confusion, affecting parties other than the purchaser, is another theory accepted by the courts in trademark…
39
Noteworthy Trademark Cases: Dropbox, the Cleveland Guardians, and the Problem of Reverse Confusion
Recent litigation involving Dropbox highlights some of the issues with trademark infringement actions that focus on "rev…
40
Trademark Law: Chapter 17-4: MTM v. Amazon
Suppose you search on amazon.com for a brand they don't have. Can the site list alternatives without running afoul of tr…
41
Trademark Law: Chapter 18-1: Secondary liability and ebay
In the eBay litigation, the Second Circuit addressed the rules for secondary liability for online intermediaries.
All t…
42
Trademark Law: Chapter 19-1: ACPA
The ACPA establishes a specific legal regime for trademark holders to pursue control over trademarked terms used in inte…
43
Trademark Law: Chapter 20-1: introduction to dilution
Famous trademarks may also receive protection against activities that may "dilute" them. Dilution is a tricky concept in…
44
Trademark Law: Chapter 20-2: adjudicating blurring
Given the difficulty in defining the harm of dilution, the theory presents tricky questions in adjudication.
All the vi…
45
Trademark Law: Chapter 21-1: tarnishment
The Victoria's Secret litigation shows some of the limitations of the tarnishment theory of dilution.
All the videos of…
46
Trademark Law: Chapter 21-2: dilution exclusions
The dilution provisions of the Lanham Act contain several exclusions from potential liability. The exclusion for "non-co…
47
Trademark Law: Chapter 22-1: descriptive fair use and use as a mark
The "classic" fair use doctrine, not to be confused with copyright fair use, offers a potential defense to trademark inf…
48
Trademark Law: Chapter 22-2: KP Permanent and Trademark Fair Use
In the KP Permanent case, the Supreme Court clarified that classic fair use is a true defense, but created some ambiguit…
49
Trademark Law: Chapter 22-3: what uses are descriptive
This video discusses the question of what it means to use a term in its "descriptive" sense.
All the videos of this ser…
50
Trademark Law: Chapter 23-1: nominative use and Toyota v. Tabari
Courts generally understand that trademark rights should not prevent others from using marks to refer to trademark holde…
51
Trademark Law: Chapter 23-2: Nominative use issues and applications
This video discusses some issues arising in the adjudication of trademark claims involving nominative uses.
All the vid…
52
Trademark Law: Chapter 25-1: introduction to expressive uses
Because trademarks are ubiquitous, they will frequently be part of expressive works. Given the reach of trademark-relate…
53
Trademark Law: Chapter 25-2: the Rogers test
For many years, the Rogers test was the leading doctrinal mechanism for assessing trademark claims against defendants wh…
54
Trademark Law: Chapter 25-3: the limits of Rogers
The Rogers test is generally very protective of expressive trademark uses. That said, there are exceptions.
Note that …
55
The Jack Daniel's case (Part I): Trademarks vs. free expression and the fate of the Rogers test
Is a dog chew toy trademark infringement or protected speech? This was the question in Jack Daniel's Properties v. VIP P…
56
The Jack Daniel’s case (Part II): The problem of trademark merchandising
Why did the Supreme Court pick Jack Daniel's Properties v. VIP Products LLC to address trademark infringement and the Fi…
57
The Jack Daniel's case (Part III): Free speech, permission confusion and other trademark problems
In the oral argument of Jack Daniel's Properties v. VIP Products LLC, the Justices struggled to understand the limits to…
58
The Jack Daniel's case (Part IV): The problem of trademark defenses
Jack Daniel's Properties v. VIP Products LLC highlights another fundamental problem with trademark doctrine. While trade…
