Copyright Law and Trademark Law
CLTL300 — Copyright Law & Trademark, 3.0 hours
The creation and protection of trademarks and copyrights is a fascinating area of law. Paralegals must have the knowledge of trademark and copyright law to lead to many opportunities with law firms and with companies that own intellectual property. Paralegals are responsible for maintaining trademarks and copyrights, handling correspondence, reviewing and drafting licensing agreements, and coordinating document-intensive processes for attorneys.
Program Objectives
- Differentiate between copyrights, patents, trade secrets and trademarks and U.S. laws pertaining to each, including the Lanham Act, the Copyright Act of 1976, and the Patent Act.
- Apply the basic requirements for the protection of copyrights, patents, trade secrets, and trademarks.
- Explain the categories of copyright works that are protected, and any steps needed to secure the protections.
- Distinguish and explain the types of rights given to a copyright, patent, trade secret or trademark holder.
- Determine the duration of intellectual property interests based on applicable statutory law.
- Recognize the various types of copyright, patent, trade secret, and trademark infringement and potential remedies.
- Understand International Copyright, Patent, and Trademark Law
- Explore alternatives to intellectual property law and the future of this area of the law.
Professor
Michael J. Bennett is an American historian and lawyer with teaching experience in the Early Republic, Civil War Era, and the law. He is currently a Visiting Professor at Ashland University.
He taught U.S. Constitutional History and American Legal History at Penn State University (2004-1010) and Wake Forest. Dr. Bennett’s most recent book, Union Jacks: Yankee Sailors in the Civil War (2004), published by the University of North Carolina Press, eschews traditional explanations for why northerners went to war in 1861. The Civil War Roundtable of New York City awarded Union Jacks its Fletcher Pratt Literary Award for the Best Civil War Book of 2004. The North American Society for Oceanic History awarded the book the John Lyman Book Award as the Best Book in United States Naval History for 2004. Dr. Bennett’s current project is titled, Civil Warriors Restraint and Retaliation in the Civil War. It is clear even at this point that race, agricultural culture, and Christian morality proved pivotal in understanding when and how men killed in the Civil War. In May 2008, Wake Forest presented Dr. Bennett with its Distinguished Faculty Award in recognition of his contributions, dedication, and passion for teaching.
Online Support (IT) and Moodle Navigation
All members of the Lakewood University community who use the University’s computing, information or communication resources must act responsibly. Support is accessible by calling 1-800-517-0857 option 2 or by emailing info@lakewood.edu
Books and Resources
Bouchoux, Deborah E. Intellectual Property: The Law of Trademarks, Copyrights, Patents, and Trade Secrets. 6th Edition. Cengage Learning US, 2023.
Evaluation Method
Graded work will receive a numeric score reflecting the quality of performance.
Course Requirement Summary
- Assignments - Total of 60 Points
- Weekly discussion forums-Total of 80 Points
- Final Exam - 50 Points
Grading Scale
Graded work will receive a numeric score reflecting the quality of performance as given above in evaluation methods. The maximum number of points a student may earn is 190. To determine the final grade, the student's earned points are divided by 190.
Your overall course grade will be determined according to the following scale:
A = (90% -100%)
B = (80% - 89%)
C = (70% - 79%)
F < (Below 70%)
Assignment and Discussion Forum Post Rubrics
Writing Assignment Grading Rubric
|
Points |
Excellent |
Good |
Poor |
Very Poor |
No Response |
|
Original Posting ____/10 |
Writing assignment was well thought out, coherent, and thoughtfully organized with all parts of the questions addressed along with appropriate grammar and spelling |
Writing was clear and relatively well organized and responded to many/most of the key points with a few mistakes in regard to grammar and spelling |
Writing was somewhat confusing and not well organized and had little or no focus on the subject matter with significant grammar and spelling errors |
Writing is confusing and hard to follow with no organization while missing the point of the assignment entirely |
No Assignment |
|
Total Points ____/10 |
Additional Comments: |
Discussion Question Grading Rubric
|
Points |
Excellent Pass |
Good Pass |
Poor Fail |
No Response Fail |
|
Original Posting PASS/FAIL |
Original post reflected good focus to the discussion with well thought out ideas and appropriate grammar and spelling |
Original post responded to the topic in a general fashion but failed to organize them well and had a few mistakes in regard to grammar and spelling |
Responded with little or no focus to the discussion and contained short, irrelevant and/or confusing commentary with significant grammar and spelling errors |
No posting |
|
Reply to fellow student PASS/FAIL |
Response to fellow student reflected good focus to the post with well thought out ideas and appropriate grammar and spelling |
Response to fellow student in a general fashion but failed to organize them well and had a few mistakes in regard to grammar and spelling |
Little or no focus to the post and contained short, irrelevant and/or confusing commentary with significant grammar and spelling errors |
No posting |
|
Total Points PASS/FAIL |
Additional Comments: |
Academic Integrity/ Plagiarism
Cheating (dishonestly taking the knowledge of another person whether on a test or an assignment and presenting it as your work) and plagiarism (to take and pass off as one's own the ideas or writing of another) are a serious issue. While it is legitimate to talk to others about your assignments and incorporate suggestions, do not let others "write" your assignments in the name of peer review or "borrow" sections or whole assignments written by others. We do get ideas from life experiences and what we read but be careful that you interpret these ideas and make them your own.
I am aware that many types of assignments are available on the internet and will check these sources when there is legitimate suspicion.
Penalty is a zero on the assignment. In cases where there is a major or continuous breach of trust, further discipline, such as an "F" in the course, may be necessary.
The major consequence of any form of cheating is damage to your character and the result of trust and respect.
Disability Accommodations
Students who have a disability and wish to request an academic accommodation should contact Jim Gepperth, the Disabilities Services Coordinator and Academic Dean. The student can request an accommodation at any time although it is encouraged to do so early in the enrollment process. The student should complete an accommodation request form which begins a conversation between the school and the student regarding the nature of their disability and an accommodation that would help the student succeed in their program. The school may request documentation regarding the disability to address the accommodation request effectively. The school will communicate to the student the type of accommodation arranged. This process typically follows a team approach, bringing together persons from the academic department (including the instructor) and personnel from other departments as necessary. Additional information on disability accommodations may be found in the Lakewood University Catalog.
Disability Services Email: disabilityservices@lakewood.edu
Supplemental Texts
You can use the following resources to assist you with proper source citation.
American Psychological Association Style Guide- https://www.mylakewoodu.com/pluginfile.php/118179/mod_resource/content/1/APA%20Style%20Guide%207th%20edition.pdf
The Purdue OWL website is also a helpful resource for students. Here is a link to the OWL website: https://owl.purdue.edu/owl/research_and_citation/apa_style/apa_formatting_and_style_guide/general_format.html
Library
Mary O'Dell is the Librarian on staff at Lakewood University
She is available by appointment. You can make an appointment with her by emailing her at modell@lakewood.edu or call at 1-800-517-0857 X 730
You may also schedule a meeting at this link: https://my.setmore.com/calendar#monthly/r3a761583354923270/01032020
She can assist you with navigating LIRN, research, citations etc.
Support
Each student at Lakewood University is assigned a Success Coach. Your Success Coach exists to assist you with academic and supportive services as you navigate your program. They will reach out to you, often, to check-in. Please use the resources they offer.
Student Services is available to assist with technical questions regarding Lakewood University and all services available to you.
1-800-517-0857 option 2
info@lakewood.edu
studentservices@lakewood.edu
Career Services
Students are offered Career Services at any point as they journey their academics at Lakewood University.
1-800-517-0857 option 2
careerservices@lakewood.edu
Objectives
- Differentiate between copyrights, patents, trade secrets and trademarks and U.S. laws pertaining to each, including the Lanham Act, the Copyright Act of 1976, and the Patent Act.
- Apply the basic requirements for the protection of copyrights, patents, trade secrets, and trademarks.
- Explain the categories of copyright works that are protected, and any steps needed to secure the protections.
- Distinguish and explain the types of rights given to a copyright, patent, trade secret or trademark holder.
- Determine the duration of intellectual property interests based on applicable statutory law.
- Recognize the various types of copyright, patent, trade secret, and trademark infringement and potential remedies.
- Understand International Copyright, Patent, and Trademark Law
- Explore alternatives to intellectual property law and the future of this area of the law.
Lessons
- Introduction to Intellectual Property Law
- Foundations of Trademark Law
- Trademark Selection and Searching
- The Trademark Registration Process
Study Course Syllabus
Read Chapters 1 ,2, 3, 4
Participate in the Discussion Forum
Complete Assignment 1
Lesson Evaluation
- Post registration Procedures, Trademark Maintenance, and Transfer of Rights to Marks
- Inter Partes Proceedings, Infringement, and Dilution
Read Chapters 5, 6, 7
Participate in the Discussion Forum
Complete Assignment 2
Lesson Evaluation
- International Trademark Law
- Foundations of Copyright Law
- The Subject Matter of Copyright
Read Chapters 8, 9, 10
Participate in the Discussion Forum
Complete Assignment 3
Lesson Evaluation
- The Rights Afforded by Copyright Law
- Copyright Ownership, Transfers, and Duration
- Copyright Registration, Searching Copyright Office Records, and Notice of Copyright
Read Chapters 11, 12, 13
Participate in the Discussion Forum
Lesson Evaluation
- Copyright Infringement
- New Developments in Copyright Law and the Semiconductor Chip Protection Act
- International Copyright Law
Read Chapters 14, 15, 16
Participate in the Discussion Forum
Lesson Evaluation
- Foundations of Patent Law
- Patent Searches, Applications, and Post-Issuance Proceedings
- Patent Ownership and Transfer
Read Chapters 17, 18, 19
Participate in the Discussion Forum
Lesson Evaluation
- Patent Infringement
- New Developments and International Patent Law
- Trade Secrets Law
Read Chapters 20, 21, 22
Participate in the Discussion Forum
Lesson Evaluation
- Unfair Competition
- Intellectual Property Audits and Due Diligence Reviews
Read Chapter 23 & 24
Participate in the Discussion Forum
Complete the Final Exam
Request the Next Course
Lesson Evaluation
THANKS FOR A GREAT CLASS