Marketing Research in IP and Media Litigation (Rothman/Steckel)
Faculty
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| Jennifer E. Rothman Nicholas F. Gallicchio Professor of Law rothmj@law.upenn.edu |
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| Joel Steckeljstec@wharton.upenn.edu |
Additional Information
Skills Training
Oral Presentations
Team Projects
Drafting Legal Documents
Expository Writing
Other Professional Skills:
Grading
40% Participation,
50% Paper,
10% Other (Defense of final paper.)
With Permission of Instructor
Class meets in person.
Course Continuity
Students are encouraged to stay home if you are ill or experience flu-like symptoms. If you miss a class for any reason, it is still your responsibility to make up the work missed.
I offer the following to students who miss class due to illness:
- If you are absent, due to illness or some other unavoidable circumstance, email me and I can ask for volunteers among your classmates to share their notes with you.
- When you are better, please make an appointment to meet with me and I will review/answer questions about what you missed.
Meeting Times/Location
T 4:30PM - 6:30PM
Silverman Hall 52
Category
Seminar
Credits
3.0
The seminar will explore the crucial role marketing research plays in intellectual property (IP) and media litigation, specifically considering its role in providing empirical data and consumer insights that inform legal arguments, strategy, outcomes, and damages. Bringing together two leading experts in these distinct fields, the course will offer a unique perspective on an essential aspect of IP and media litigation. Courts frequently rely on the results of well-designed marketing research to assess the strength of a claim or defense, making such research an indispensable tool in the arsenal of litigators. The seminar will also provide background legal knowledge for marketing and business experts so they can effectively participate in designing such studies and serving as experts.
The seminar is comprised of two primary components: the first is groundwork-laying lectures on the legal and marketing topics at issue. We will select several issues raised in a variety of laws, such as trademark, unfair competition, patent, copyright, right of publicity, defamation, and trade dress, that involve reliance on marketing research. The second element of the seminar is a series of case studies in which we will bring in marketing experts and lawyers to discuss current and recent litigation in the field. In addition to active class participation, the course will require students to either draft a paper analyzing a current marketing methodology used in legal disputes or alternatively develop and defend a novel marketing methodology to address one of the legal issues we raise in the seminar.
Business and Corporate Law Learning outcomes: Demonstrate a core understanding of business and corporate law; Perform legal analysis in the context of business and corporate law; Communicate effectively on topics related to business and corporate law; Demonstrate an understanding of the interconnection between the world of business and finance and that of business and corporate law, and how they affect other areas of law and society.
Skills Learning outcomes: Demonstrate an understanding of the individual course skill; Demonstrate the ability to receive and implement feedback; Demonstrate an understanding of how and when the individual course skill is employed in practice.
Constitutional Law Learning outcomes: Demonstrate a core understanding of constitutional law; Perform legal analysis in the context of constitutional law; Communicate effectively on topics related to constitutional law; Demonstrate an understanding of constitutional law affects other areas of law.
Intellectual Property and Technology Law Learning outcomes: Demonstrate a core understanding of intellectual property law; Perform legal analysis in the context of intellectual property law; Communicate effectively on topics related to intellectual property; Demonstrate an understanding of the interconnection between technology and intellectual property, and how they affect other areas of law and society.