Trademark Law

Fall 2016

Prof. William Fisher

All of the materials for this course are (or will be) available online. In addition, paper copies of the materials will be available in the Harvard Law School Distribution Center. The abridgments of the cases are licensed under the Creative Commons Attribution-Noncommercial-Sharealike 2.5 License, the terms of which are available here. The lecture notes for the course, in the form of a "mindmap," are available at


Introduction: The Functions of Trademarks (1 class)

Part I: What May Be Protected? (3 classes)

Part II: Acquiring Protection (2 classes)

Part III: Losing Protection (2 classes)

Part IV: Trademark Rights

A. Unfair Competition (1 class)

B. Consumer Confusion (2 classes)

C. Dilution (2 classes)

D. Importation (1 class)

E. Domain Names (1 class)

F. Secondary Liability (1 class)

Part V: Defenses (2 classes)

Part VI: Advertising (2 classes)

Part VII: Remedies (2 classes)


Disclosure of Potential Conflicts of Interest

I sometimes represent parties in litigation and provide advice to companies and governments. Some of the issues that arise in those activities involve aspects of trademark law that are addressed in this course. To minimize the hazard that those activities would bias my presentations in the course, I provide on my homepage a disclosure of all of the activities at issue.


Version 1.1

Last modified: September 14, 2016

William Fisher