This lesson builds on the concepts that you may have been introduced to in Professor Robert Lind's lesson on the classification of marks, e.g., generic marks, descriptive marks, suggestive marks, arbitrary marks, and fanciful marks. Specifically, this lesson will concentrate on the validity of a mark for trademark protection purposes when the trademark or trade dress is not inherently distinctive.
Read moreThis 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.
Read moreThis lesson is an introduction to the principles governing copyright infringement. After completing this lesson, you will be familiar with the standard used to determine liability for copyright infringement. Specifically, the lesson will introduce the elements necessary to support a claim of copyright infringement, which include assessments of copying, access, probative resemblance, striking similarity, improper appropriation, and substantial similarity.
Read moreThis lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
Read moreThis lesson focuses on the problem of modifying injunctions. As we shall see, even though an injunction is labeled as "permanent," it is subject to modification or alteration. Indeed, some injunctions, even some far reaching ones, are not intended to last forever. In this lesson, we examine the standards and criteria by which courts decide whether to terminate or modify existing injunctions. This lesson is intended for students who have studied these issues in class, and wish to refine and enhance their knowledge.
Read moreThis lesson focuses on issues related to the commencement of legislative rulemaking proceedings. Accordingly, it focuses on how such proceedings are commenced and by whom.
Read moreThe purpose of this lesson is to examine how administrative agencies create "rules," particularly in adjudicative contexts.
Read moreThis lesson focuses on employee injunctive remedies against an employer. The issues raised by this lesson arise in a variety of different contexts, involving both low-level employees and famous individuals.
Read moreThis lesson deals with issues relating to an employer's ability to use injunctive remedies against an employee who breaches a contract.
Read moreThe action for restitution allows recovery in a variety of contexts when the defendant would be "unjustly enriched" if he/she were not required to pay restitution. One of those contexts is the situation in which one person acts on behalf of another in the case of an emergency situation requiring immediate action. In this lesson, we explore the parameters of an individual's right to recover restitution for providing aid to another in an emergency situation. Of course, as an inevitable incident of this discussion, we will explore situations when recovery should be denied. This lesson is intended for students who have studied these issues in class and wish to further refine their knowledge.
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