Barton Beebe

  • John M. Desmarais Professor of Intellectual Property Law
Assistant: Henrieke Dekker
  henrieke.dekker@nyu.edu       212.998.6617
Barton Beebe

AREAS OF RESEARCH

Intellectual Property Law


Barton Beebe specializes in the doctrinal, empirical, and cultural analysis of intellectual property law. He has been the Anne Urowsky Visiting Professor of Law at Yale Law School, a Visiting Professor of Law at Stanford Law School, and a Visiting Research Fellow at Merton College, Oxford. He has also taught courses at Hebrew University, Jerusalem; the Center for International Intellectual Property Studies at the Université de Strasbourg; the Munich Intellectual Property Law Center; the State Intellectual Property Office of the People’s Republic of China; and the Hanken School of Economics in Helsinki, Finland. In 2007, Beebe was a special master in the case of Louis Vuitton Malletier v. Dooney & Bourke, Inc., No. 04 Civ. 2990 (SAS) (SDNY). He is the author of Trademark Law: An Open-Source Casebook, which is a free online trademark casebook now in use in over forty law schools around the world. His other recent published works include “Are We Running Out of Trademarks? An Empirical Study of Trademark Depletion and Congestion,” 131 Harvard Law Review (2018) (forthcoming) (with Jeanne Fromer); “The Scope of Strong Marks: Should Trademark Law Protect the Strong More than the Weak?,” 92 New York University Law Review (2017) (forthcoming) (with Scott Hemphill); and “Bleistein, the Problem of Aesthetic Progress, and the Making of American Copyright Law,” 117 Columbia Law Review 319 (2017). Beebe received his JD from Yale Law School, his PhD in English Literature from Princeton University, and his BA from the University of Chicago. He clerked for Judge Denise Cote of the United States District Court for the Southern District of New York.


Courses

  • Advanced Trademark and Advertising Law

    This course will present an in-depth analysis of developing issues in trademark and unfair competition law, including: the Trademark Dilution Revision Act; the balance between trademarks and trade dress and other forms of intellectual property (copyright, patent, trade secret and right of publicity); the tensions between trademark protection and parody, fair use and free speech; the use and abuse of trademarks on the Internet; international mechanisms for resolution of domain name disputes; trademark issues in international trade, including counterfeiting, parallel imports, geographical indications, and international exhaustion; provisional relief in trademark and false advertising cases; and the use of consumer perception surveys in trademark litigation. The course will include in-class exercises to illustrate how these theoretical principles are applied in practical situations. As an alternative to the final exam, students will have the option of preparing a research paper on a trademark-related topic of her or his choice.

  • Copyright Law

    This course will offer a comprehensive survey of U.S. copyright law. It will examine the substantive requirements that literary, musical, pictorial and other works of authorship must meet to qualify for copyright protection, the procedures for obtaining protection, the scope of protection, and remedies for infringement. The course will pay special attention to recent controversies in copyright law, including music licensing, the contours of copyright “fair use,” the interaction between copyright law and free speech principles, and the effect of international treaties on U.S. and other national copyright laws.

  • Intellectual Property Law & Globalization Seminar

    This seminar will consider topics in international intellectual property law and policy within the context of theories of globalization and modernity. By way of introduction, the seminar will first study the concept of globalization itself with a view to understanding how and to what ends the concept is variously defined and deployed. Our focus will then shift to present-day international intellectual property law controversies and how they reflect on the themes raised by the globalization thesis (or theses). We will devote substantial attention to the TRIPS Agreement and related topics, including the Doha Declaration on the TRIPS Agreement and Public Health, the relation between TRIPS and various conventions on cultural and biological diversity, the current international debate over the protection of geographic indications of source, and the WTO dispute settlement mechanism. We will also evaluate the history, current status, and prospects for success of the WIPO Development Agenda.

  • Intellectual Property Law & Globalization Seminar: Writing Credit
  • Trademark and False Advertising Law

    This course will focus on the creation, maintenance, and enforcement of exclusive rights in trademarks. It will also consider related areas of law such as unfair competition, right of celebrity, and false advertising law, and will include coverage of internet-related and international aspects of trademark protection.

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Publications

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Education

  • JD, Yale Law School, 2001
  • PhD, Princeton University, 1998
  • BA, University of Chicago, 1992

Honors and Activities

  • Podell Distinguished Teaching Award, NYU School of Law, 2020

Ideas from NYU Law

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