Stacey Dogan

Professor of Law

Law Alumni Scholar

BS in Economics, Massachusetts Institute of Technology
JD, magna cum laude, Harvard Law School

Areas of Interest
Intellectual Property
Contact
Biography

Professor Stacey Dogan is a leading scholar in intellectual property and competition law. Her recent articles explore cutting-edge topics in trademark, copyright, and right of publicity law, including questions of intermediary liability, the rights of trademark parodists, and evolving norms underlying trademark law.

Professor Dogan has presented her research at numerous national and international conferences, and her writings have appeared in journals including the Stanford Law Review, Emory Law Journal, Iowa Law Review and Texas Law Review. She has served as chair of the Intellectual Property Section of the Association of American Law Schools, and was co-editor-in-chief of the Journal of the Copyright Society from 2008 to 2011. Dogan is an active participant in educational programs with the local bar, leading seminars and discussions for the Boston Bar Association, Massachusetts Continuing Legal Education and the Massachusetts Volunteer Lawyers for the Arts.

Before joining the BU faculty, Professor Dogan taught for more than a decade at Northeastern University School of Law, where she focused on intellectual property and antitrust law. She came to teaching after several years of practicing law with the Washington, DC law firm of Covington & Burling, where she specialized in antitrust, trademark, and copyright law. After law school, she practiced with Heller, Ehrman, White & McAuliffe in San Francisco and served as a law clerk to the Honorable Judith Rogers of the US Court of Appeals for the District of Columbia.

Publications
  1. Stacey Dogan, "The Right of Publicity: A Cautionary Tale," in Intellectual Property & the Internet: Is There Life Outside the Big Three? , Suzy Frankel & Daniel Gervais, eds., Elsevier Press (forthcoming).
  2. Stacey Dogan, "Internet Payment Blockades: SOPA and PIPA in Disguise? Or Worse?" JOTWELL (Mar 25, 2015). [Review of Annemarie Bridy, "Internet Payment Blockades," Florida Law Review (forthcoming).]
    Publisher
  3. Stacey Dogan, "Haelan Laboratories v. Topps Chewing Gum: Publicity as a Legal Right," in Intellectual Property at the Edge: The Contested Contours of IP 17, Rochelle Cooper Dreyfuss & Jane C. Ginsburg, eds., Cambridge University Press (2014).
  4. Stacey Dogan, "Intermediary Trademark Liability: A Comparative Lens," JOTWELL (May 2014). Review of Graeme B. Dinwoodie, "Secondary Liability for Online Trademark Infringement: The International Landscape," Columbia Journal of Law & the Arts (forthcoming).
    Publisher
  5. Stacey Dogan, "Principled Standards vs. Boundless Discretion: A Tale of Two Approaches to Intermediary Trademark Liability Online," 37 Columbia Journal of Law & the Arts 503 (2014).
    SSRN | HeinOnline (BU) | HeinOnline
  6. Stacey Dogan & Mark Lemley, "Parady as Brand," in Symposium Brand New World: Distinguishing Oneself in the Global Flow, 47 U. C. Davis Law Review 473 (2013-14).
    SSRN | HeinOnline (BU) | HeinOnline
  7. Stacey Dogan, "Beyond Confusion?" JOTWELL (Dec 2012). Review of Robert G. Bone, "Taking the Confusion Out of 'Likelihood of Confusion': Toward a More Sensible Approach to Trademark Infringement," 106 Northwestern University Law Review 1307 (2012).
    Publisher
  8. Stacey Dogan, "Trademark Dilution and Corporate Personhood," reviewing, Sandra L. Rierson, "The Myth and Reality of Dilution," 2012 Duke Law & Technology Review (forthcoming), JOTWELL: Intellectual Property (Dec 2011).
  9. Stacey Dogan & Ernest Young, "Judicial Takings and Collateral Attacks on State Court Property Decisions," 6 Duke Journal of Constitutional Law & Public Policy 107 (2011).
    HeinOnline (BU) | HeinOnline
  10. Stacey Dogan, "We Know It When We See It: Intermediary Trademark Liability and the Internet," 2011 Stanford Technology Law Review 7 (2011).
    Publisher
  11. Stacey Dogan, "Brand or Anti-Brand?" reviewing, Sonia K. Katyal, "Stealth Marketing and Anti-Branding: The Love that Dare Not Speak its Name," 58 Buffalo Law Review 795 (2010), JOTWELL: Intellectual Property (Dec. 2010).
  12. Stacey Dogan, "Beyond Trademark Use," 8 Journal on Telecommunications and High Technology Law 135 (2010).
    SSRN
  13. Stacey Dogan, "Trademark Remedies and Online Intermediaries," in Symposium Business Law Forum Intellectual Property Remedies, 14 Lewis & Clark Law Review 467 (2010).
    Westlaw | Lexis Advance
  14. Stacey Dogan & Mark Lemley, "Antitrust Law and Regulatory Gaming," 87 Texas Law Review 685 (2009).
    SSRN | HeinOnline (BU) | HeinOnline
  15. Stacey Dogan & Mark Lemley, "A Search-Costs Theory of Limiting Doctrines in Trademark Law," in Trademark Law and Theory: A Handbook of Contemporary Research 65, G. B. Dinwoodie & Mark Janis, eds., Edward Elgar Publishers (2008). Reprinted in 97 The Trademark Reporter 1223 (2008).SSRN
  16. Stacey Dogan & Mark Lemley, "The Trademark Use Requirement in Dilution Cases," 24 Santa Clara Computer & High Technology Law Review 541 (2008).
    SSRN | HeinOnline (BU) | HeinOnline
  17. Stacey Dogan & Mark Lemley, "Grounding Trademark Law Through Trademark Use," 92 Iowa Law Review 1669 (2006-07). Reprinted in 98 The Trademark Reporter 1345 (2008).
    SSRN | HeinOnline
  18. Stacey Dogan, "Trademarks and Consumer Information," in Nouvelles Approches en Propriete Intellectuelle dans un Monde Transsystemique [Intellectual Property at the Edge: New Approaches to IP in a Transsystemic World] 321, Cowansville (2007).
  19. Stacey Dogan, "What Is Dilution, Anyway?" 105 Michigan Law Review First Impressions 103 (2006).
    Publisher
  20. Stacey Dogan & Mark Lemley, "What the Right of Publicity Can Learn from Trademark Law," 58 Stanford Law Review 1161 (2005-06).
    SSRN | HeinOnline
  21. Stacey Dogan, "Comment: Sony, Fair Use, and File Sharing," 55 Case Western Reserve Law Review 971 (2004-05).
    HeinOnline
  22. Stacey Dogan & Joseph P. Liu, "Copyright Law and Subject Matter Specificity: The Case of Computer Software," 61 New York University Annual Survey of American Law 203 (2005-06).
    HeinOnline
  23. Stacey Dogan & Mark Lemley, "The Merchandising Right: Fragile Theory or Fait Accompli?" 54 Emory Law Journal 461 (2005).
    SSRN | HeinOnline
  24. Stacey Dogan, "Peer-to-Peer Technology and the Copyright Crossroads," in Peer-to-Peer Computing: The Evolution of Disruptive Technology 166, Brian D. Goodman & Ramesh Subramanian, eds., IGI Global (2005).
  25. Stacey Dogan & Mark Lemley, "Trademarks and Consumer Search Costs on the Internet," 41 Houston Law Review 777 (2004-05).
    SSRN | HeinOnline
  26. Stacey Dogan, "Code Versus the Common Law," 2 Journal on Telecommunications & High Technology Law 71 (2003).
    SSRN | HeinOnline
  27. Stacey Dogan, "An Exclusive Right to Evoke," 44 Boston College Law Review 291 (2002-03).
    SSRN | HeinOnline
  28. Stacey Dogan, "Infringement Once Removed: The Perils of Hyperlinking to Infringing Content," 87 Iowa Law Review 829 (2001-02).
    HeinOnline
  29. Stacey Dogan, "Where's the Middle Ground? The Battlefield over Copyright," 1:2 Northeastern Law Magazine 2 (Summer 2002). [Essay]
    Publisher
  30. Stacey Dogan, "Is Napster a VCR? The Implications of Sony for Napster and Other Internet Technologies," 52 Hastings Law Journal 939 (2001-02).
    HeinOnline
  31. Stacey Dogan, "Copyright in Cyberspace," in Learning Cyberlaw in Cyberspace , (1999). Publisher
Courses

3 credits

This seminar will explore the ways in which the Internet has challenged both the theory and the law of intellectual property. Rather than broadly surveying the landscape, we will closely examine a cluster of topics that have especially challenged courts, legislatures, and theorists. Particular topics will be determined prior to the start of class, but might include: copyright law's treatment of intermediaries (such as YouTube, file sharing services, and online service providers); the obligations of auction sites and other online services to police trademark infringement by their users; the scope of fair use protection for user-generated content; and patent protection for Internet-related technologies and business methods. Grades will be based on a combination of written exercises (required each week) and oral presentations (required once for each student). Student participation is required, and will be taken into account in the grade for the course. In lieu of the short papers, it is possible to write a paper that satisfies the Upper-class Writing Requirement. PREREQUISITE: All students must have completed a core Intellectual Property course (Intellectual Property, Patent Law, Copyright Law, or Trademark Law). GRADING NOTICE: This class will not offer the CR/NC/H option. **A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

SPRG 2016: LAW JD 791 A1 , Jan 12th to Apr 19th 2016
Days Start End Credits Instructors Bldg
Tue 10:40 am 12:40 pm 3 Stacey Dogan LAW
SPRG 2017: LAW JD 791 A1 , Jan 19th to Apr 20th 2017
Days Start End Credits Instructors Bldg
Thu 10:40 am 12:40 pm 3 Stacey Dogan

3 credits

This course will examine the precepts of trademark and unfair competition law. We will investigate issues of ownership, protectability, misappropriation, and infringement in the context of words, symbols, slogans, product design and trade dress. The course also will handle related issues, depending on class interest, such as: trademark's common law roots, false and comparative advertising, parody, the right of publicity, the First Amendment, a comparison of how copyright and trademark treat 'functional' designs, and the challenge of applying trademark laws in the Internet context. In addition to a 3-hour final exam, all students will be required to complete a short memorandum dealing with trademark clearance and registration issues. GRADING NOTICE: This course does not offer the CR/NC/H option.

FALL 2015: LAW JD 780 A1 , Sep 1st to Dec 3rd 2015
Days Start End Credits Instructors Bldg
Tue,Thu 10:45 am 12:10 pm 3 Stacey Dogan LAW
FALL 2016: LAW JD 780 A1 , Sep 7th to Dec 7th 2016
Days Start End Credits Instructors Bldg
Mon,Wed 10:45 am 12:10 pm 3 Stacey Dogan LAW
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