LAW 860
Advising Clients on Use of Trademarks and Copyrighted Material
Duke University · UGRD · Fall 2026
Catalog description
This course will focus on the practical application of trademark and copyright law. Using examples from actual disputes, we will discuss how to advise clients who present with questions about whether they can use a particular trademark or copyrighted work. The first phase of this course will focus on trademark and specifically likelihood of confusion and infringement analysis. After a brief overview of trademark law, we will divide into groups to discuss various real-life trademark disputes and develop a plan of advice and strategy for the client in those particular scenarios. The second phase of the course will focus on fair use in copyright infringement. Similar to trademark, we will start with a short introduction to copyright and the fair use analysis, followed by group break-out discussions about certain real world examples and whether the proposed use is a fair use.
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