2L-3L Upper Level Lesson Topics

This lesson teaches about the concept of incontestability: what it is, and what benefits it confers on trademark owners. This lesson can be used either for teaching the subject or for review.

This lesson examines the "informal" rulemaking process. Under the Administrative Procedure Act, this type of rulemaking is also called "notice and comment" rulemaking. In this lesson, we examine the procedural steps that an administrative agency must follow in order to create a valid "informal" rule. This lesson is intended for students who have studied these issues in class and wish to further refine their knowledge.

This lesson covers one type of patent infringement involving activity beyond the borders of the United States. In particular, what constitutes infringement under 271(f)(1) and (f)(2) is addressed, including the US Supreme Court decision, AT&T v. Microsoft.

Students may use this lesson to review material already covered in a course, or to learn this material on their own. Students should at least have prior knowledge and understanding of direct and indirect infringement under 271(a)-(c).

This lesson concerns the initial ownership of trademarks. It does not address the assignment or licensing of trademarks, nor the transfer of trademark registrations. This lesson is intended as a review of material covered in the trademark law course.

This lesson focuses on injunctions against litigation. This issue arises in several different contexts, including intra-jurisdictional state court injunctions, state court injunctions against litigation in other states, state court injunctions against federal litigation, and federal court injunctions against state litigation. The lesson is intended for students who have studied these topics in class and wish to refine and enhance their knowledge.

This lesson focuses on issues relating to injunctions against speech. It is designed for students who have studied these issues in class, and who have a strong working knowledge of the material, but who wish to further refine and develop their understanding.

This is the second lesson involving injunctions against speech. The first lesson focused on various aspects of injunctions against speech including injunctions against defamation, obscenity and related to national security. In this lesson, we focus on some issues that arise in relation to injunctions against civil rights demonstrations including abortion and civil rights protests. Much of the law that governs these issues is basic constitutional law.

This is the third in a series of lessons on injunctions against speech. This lesson focuses on injunctions against invasions of privacy. The lesson is intended for students who have studied this material in class and who seek to refine their knowledge.

This lesson focuses on problems related to injunctions against crimes and against criminal prosecutions. The lesson is intended for students who have studied the topic in class and seek to expand and refine their knowledge of the topic.

This lesson introduces you to the rules governing the award of injunctive relief in actions for trademark infringement. In trademark infringement cases, the harm or loss suffered by a plaintiff is often difficult to prove because of the lack of evidence of a causal connection between the harm and the defendant's wrongful conduct. To account for this evidentiary shortfall, the judicial preference in awarding relief in trademark infringement cases is injunctive relief. Despite this judicial preference, monetary remedies remain available for trademark infringement.

This lesson is one of a series on the topic of "Compensatory Damages." This particular lesson explores the differences among each of the three main types of legally-protected "interests" most commonly involved in any damages case: the expectation interest, the reliance interest, and the restitution interest. It is designed as an "Introduction" to the basic distinctions among each of these different interests, as well as a practical guide to determining when one interest should be asserted instead of another.

This lesson discusses 49 U.S.C. sec. 46504, providing for civil and criminal penalties for passengers who intimidate pilots or flight attendants.