1.  How to find/contact me
    a.  Office hours
2.  How to find/contact my assistant, Suzan Benet
3.  Required reading
4.  Schedule changes
5.  Grading policy
6.  Final exam
    a.  Exam schedule
    b.  Exam format
    c.  Length restriction
    d.  Sources and citation requirements
    e.  Other requirements
7.  Other course requirements
    a.  Discussion memos
    b.  Class participation
    c.  Course announcements
8.  Discussion site

1. How to find/contact me.   <BACK TO INDEX>

Office:  Room 558
Telephone:  202-662-9871
Fax:  202-662-9411
E-mail:  jec@law.georgetown.edu

a. Office hours.  My office hours are Tuesdays, 1:15-3:15 p.m., and other times by appointment.  Visits to office hours are welcome and encouraged.  You should also feel free to e-mail me questions or post questions on the class Discussion site for me to answer.

2. How to find/contact my assistant, Suzan Benet.    <BACK TO INDEX>

Location:  McDonough Hall, 5th floor
Telephone:  202-662-9402
Fax:  202-662-9411
E-mail:  jsb3@law.georgetown.edu

3. Required reading. <BACK TO INDEX>

• Ginsburg, Litman, et al., Trademark and Unfair Competition Law:  Cases and Materials (3d ed. 2001).
• Ginsburg, Litman, et al., Trademark and Unfair Competition Law:  2003 Case Supplement and Statutory Appendix.
• The Trade-Mark Cases, 100 U.S. 82 (1879).  This case is assigned for the second class meeting.  Copies will be available at the first class meeting and outside my office door.
• Pro-Football, Inc. v. Harjo, 284 F. Supp. 2d 96 (D.D.C. 2003) (excerpts).  This case is assigned for the 13th class meeting.  Copies will be available at the 12th class meeting and outside my office door.
• Suggested reference materials (not required, but you may find them helpful):
• J. Thomas McCarthy, McCarthy on Trademarks and Unfair Competition (multi-volume treatise, in library).
• Online trademark resources.

4. Schedule changes. <BACK TO INDEX>

Class will be cancelled on EITHER Mon., Apr. 5 OR Tues. Apr. 6 for the Passover holiday.  (We will need to travel for either the first or second night of the holiday and don't yet know which night.  I will let you know as soon as I know.)  A makeup class will be held on Weds., Apr. 7, during the 3:30-4:55 p.m. open period, in Room 164.  The makeup class will be audiotaped.

5. Grading policy. <BACK TO INDEX>

Your final exam grade will be your course grade.  However, I will make a downward adjustment of half a grade for failure to post a required discussion memo by the applicable deadline (see Discussion memos, below).

6. Final exam. <BACK TO INDEX>

a. Exam schedule.  The final exam will be a 24-hour, take-home exam, to be picked up on May 3, 2004 at 1:30 p.m.  You must return your completed exam to the Registrar by 1:30 p.m. on May 4, 2004.

b. Exam format.  The exam will consist of three essay questions, weighted equally.  Two will be traditional, issue-spotter questions.  The third will be more policy-oriented, and will ask for your opinion about how a current issue affecting trademark and unfair competition law should be resolved.  I will post old exam questions and answers on the class Web site, and will be happy to discuss them with you.

c. Length restriction.  In total, your exam may not exceed 4500 words.  You will be asked to use the "word count" feature of your word processing software to determine the number of words in your answer, and to write the total word count at the top of the first page of your answers.  If you do not know how to use this feature, please make sure to learn before you take the exam. Answers exceeding the word limit will be marked down by half a grade for every 50 words over the limit.

d. Sources and citation requirements.  The exam will be open-book.  You may consult any inanimate object; however, no credit will be given for citations to any materials that were not assigned for this course.  You may not discuss the content of the exam with any other person, whether or not that person is enrolled in this class.  Citation to relevant cases and statutory provisions is required to receive full credit.  Your answer should indicate why the cited material is relevant.  You do not need to use Bluebook form; simply write, e.g., (§2(e)(1)) or (Two Pesos).  Please make your statutory citations as precise as possible.

e. Other requirements.  Exam answers must be typed and double-spaced.  Use of computers is encouraged.  Please think, organize, and prioritize carefully before you write, and please spell-check your answers.  Cogent, well-structured answers that devote the most analysis to the most important issues will be graded more highly; poorly-organized, ungrammatical, or chronically misspelled answers will receive lower grades.

7. Other course requirements.  <BACK TO INDEX>

a. Discussion memos. <BACK TO INDEX>
• What is a discussion memo?  During the semester, each of you will be required to post two short (<300 words), informal memos on the class Discussion site.  The memos should discuss some issue relevant to the readings for the assigned class meeting and/or pose questions for class discussion.  Memos must be in your own words (i.e., please do not simply re-post an interesting item you have found elsewhere).
• Why do I require discussion memos?  I consider the memos a very important part of the course.  They help me to determine which issues you find most compelling or confusing, and they also give you a different kind of opportunity to be heard in class (which in turn helps me get to know you a little better).  You should treat your classmates' memos as part of the course reading assignment for that day.  Issues raised in the memos are fair game for the final exam.
• How will the discussion memos affect your grades?  The memos will not be graded, nor will I criticize your prose.  A memo will affect your grade only if you fail to post it by the required time.  Failure to post a memo by the applicable deadline will reduce your course grade by half a grade (see Grading policy, above). PLEASE NOTE:  Like court filing deadlines, memo deadlines are firm.  No extensions or excuses will be allowed.  If you foresee that you will be unable to post your memo at the appointed time, you may arrange a trade with another member of the class.  However, I must be notified of all trades at least 24 hours before the memo is to be posted.
• What are the assigned dates to post memos?  On Tues., Jan. 13, I will distribute a list with the memo assignments for each remaining class meeting.  The first memos will be posted for Class 5, which meets on Tues., Jan. 20.
• When must memos be posted to the site?  Memos must be posted in the appropriate forum within the Discussion site by 8 p.m. (Eastern time) on the day before the class for which they are assigned.  (Thus, for example, memos for Class 5, Tues., Jan. 20, must be posted by 8 p.m. on Mon., Jan. 19, in the "Subject Matter" discussion forum.)  For makeup classes, we will continue through the material in the order listed on the syllabus.  A memo for a class that falls in a makeup time slot must be posted by 8 p.m. on the day before the makeup class.
• Is there a required format?  When posting your memos, please include in the header:  Memo for Class #__ [please use the actual class number from the syllabus].  Other than that, it's up to you.
• Does the discussion software impose any requirements?  Yes, two very important ones.  (1) Please do not post your memos as attachments since the courseware system cannot handle this type of posting and nobody will be able to retrieve your memo.  (2)  Please be aware that if the courseware system does not detect any activity for 20 minutes (e.g., because you have spent more than 20 minutes composing a memo), it will terminate your session.  If you have been composing your memo while online, you will lose your memo and you will not be able to retrieve your work.  The 20-minute limit is built into the software and I can't change or waive it for you.  It is best to compose your memo offline (e.g., as a Word or WordPerfect document), and then select and copy the text of the memo and paste it directly into the body of your discussion posting.
b. Class participation.  <BACK TO INDEX>

Class participation will be required of all students on a rotating, row-by-row basis.

I consider class participation important practice for fielding questions from clients and judges.  Although I appreciate that being questioned in class is not always the most enjoyable experience, my intent is not to conduct an exercise in terrorism but to have a thoughtful conversation among reasonable adults.  I encourage you to take the time you need to reflect while answering, and to ask for clarification as needed.

From time to time, we will do simulation exercises designed to get everyone involved in considering a pertinent problem.  I will assign each area of the classroom a role (e.g., plaintiffs/defendants/judges, or licensors/licensees) and ask you to spend five or ten minutes working with your neighbors to develop solutions (e.g., arguments, proposed license provisions).

c. Course announcements. <BACK TO INDEX>

From time to time, I will post announcements on the Discussion site.  The announcements may concern unanticipated schedule changes (e.g., due to illness, weather-related cancellations).  They may also concern role assignments for a simulation exercise to be conducted in an upcoming class.  To the extent practicable, all announcements about assignments and reasonably anticipated schedule changes will also be made in class.  However, especially if you have missed class, you are responsible for checking the "Announcements" section of the Discussion site regularly to make sure that you know what is there.

8. Discussion site. <BACK TO INDEX>

• The Discussion site may be accessed via the course home page or via the GULC courseware main page, using the password given out in class.
• The site is not reserved only for course assignments.  Please feel free to use it for general discussion of course-related topics, including the many interesting trademark issues that regularly crop up in the news, or to respond to questions posed by your classmates in their memos.  It won't hurt your grade, and it may help you master the material.  Please don't feel that you need to understand all the issues/questions before you post something.  The best way to learn is by asking questions and giving yourself opportunities to practice.
• You may also post questions on the Discussion site for me to answer.  (If you would prefer to ask your question privately, please feel free to e-mail it to me.)
• PLEASE NOTE:  As a result of design decisions outside my control, you must set your browser to accept cookies in order to use the Discussion site.  I apologize for this "feature."  (If you need help locating this browser setting, please see me or ask the IST Help Desk to show you.)  In addition, you will need your system-wide username and password to access the GULC courseware system.  These will be the same username and password that you use for Bulldog e-mail system.