Stacey Dogan

Stacey Dogan

Professor of Law

Law Alumni Scholar

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


Biography

Professor Stacey Dogan is a leading scholar in intellectual property, competition, and technology law, who has been instrumental in building interdisciplinary and inter-institutional collaborations in the areas of law, technology, and entrepreneurship. Her scholarship has explored topics including the role of online intermediaries in trademark and copyright law, the right of publicity’s applicability to new media, the rights of trademark parodists, and the application of antitrust law to pharmaceutical “product-hopping.” She teaches first-year Property; upper-level courses including Trademark, Intellectual Property, Copyright, and a seminar called IP & the Internet; Law for Algorithms, an interdisciplinary course co-taught with colleagues in computer science to Law and Computer Science graduate students; and Insight & Invention, an interdisciplinary research course taught to sophomores in BU’s Kilachand Honors College. From 2018 to 2021, she served as the School of Law’s Associate Dean for Academic Affairs.

Professor Dogan has served as chair of the Intellectual Property Section of the Association of American Law Schools, and co-editor-in-chief of the Journal of the Copyright Society. At BU, she has played a central role in developing clinics, coursework, and interdisciplinary research partnerships in the area of law and technology. She was a founding member of the Oversight Board for the BU/MIT Technology Law Clinic and Startup Law Clinic, a first-of-its-kind program in which BU law students provide free legal advice to student-innovators at BU and MIT. She is a founding member of the faculty of BU’s new faculty of Computing and Data Sciences, serves on the steering committee of the Hariri Institute for Computing and Computational Science, and is a leader of BU’s Cyber Security, Law & Society Alliance, a partnership between the law school and BU’s Center for Reliable Information Systems & Cyber Security.

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

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  • Stacey Dogan, Annette Kur: Toward Understanding, in Transition and Coherence in Intellectual Property Law: Essays in Honour of Annette Kur (Niklas Bruun, Graeme B. Dinwoodie, Marianne Levin & Ansgar Ohly,2021)
    Scholarly Commons
  • Stacey Dogan, Reforming Trademark Laws Approach to Intermediary Liability, in Research Handbook on Trademark Law Reform (Graeme B. Dinwoodie & Mark D. Janis,2021)
    Scholarly Commons
  • Stacey Dogan, Approaches to Secondary Liability for Trademark Infringement, in The Cambridge Handbook of International and Comparative Trademark Law (Irene Calboli & Jane C. Ginsburg,2020)
    Scholarly Commons
  • Stacey Dogan, Stirring the Pot: A Response to Rothman's Right of Publicity 42 Columbia Journal of Law & the Arts (2019)
    Scholarly Commons
  • Stacey Dogan, Bounded Rationality, Paternalism, and Trademark Law 56 Houston Law Review (2018)
    Scholarly Commons
  • Stacey Dogan, Greeted with a Shrug: The Impact of the Community Design System on United States Law, in The EU Design Approach: A Global Appraisal (Annette Kur, Marianne Levin, and Jens Schovsbo,2018)
    Scholarly Commons
  • Stacey Dogan, The Role of Design Choice in Intellectual Property and Antitrust Law 15 Colorado Technology Law Journal (2016)
    Scholarly Commons
  • Stacey Dogan, Bullying and Opportunism in Trademark and Right-of-Publicity Law 96 Boston University Law Review (2016)
    Scholarly Commons
  • Stacey Dogan, The Right of Publicity: A Cautionary Tale from the United States, in The Internet and the Emerging Importance of New Forms of Intellectual Property (Susy Frankel & Daniel Gervais,2016)
    Scholarly Commons
  • Stacey Dogan, Principled Standards vs. Boundless Discretion: A Tale of Two Approaches to Intermediary Trademark Liability Online No. 14-58 Boston University School of Law, Public Law Research Paper (2014)
    Scholarly Commons
  • Stacey Dogan, Haelan Laboratories v. Topps Chewing Gum: Publicity as a Legal Right, in Intellectual Property at the Edge: The Contested Contours of IP (Rochelle Cooper Dreyfuss and Jane C. Ginsburg,2014)
    Scholarly Commons
  • Stacey Dogan & Mark Lemley, Parody as Brand 47 U.C. Davis Law Review (2013)
    Scholarly Commons
  • Stacey Dogan, 'We Know It When We See It': Intermediary Trademark Liability and the Internet 2011 Stanford Technology Law Review (2011)
    Scholarly Commons
  • Stacey Dogan, Judicial Takings and Collateral Attacks on State Court Property Decisions 6 Duke Journal of Constitutional Law & Public Policy (2011)
    Scholarly Commons
  • Stacey Dogan, Trademark Remedies and Online Intermediaries 14 Lewis & Clark Law Review (2010)
    Scholarly Commons
  • Stacey Dogan, Beyond Trademark Use 8 Journal on Telecommunications and High Technology Law (2010)
    Scholarly Commons
  • Stacey Dogan, The Trademark Use Requirement in Dilution Cases 24 Santa Clara Computer & High Technology Law Review (2008)
    Scholarly Commons
  • Stacey Dogan, Grounding Trademark Law Through Trademark Use 92 Iowa Law Review (2007)
    Scholarly Commons
  • Stacey Dogan, A Search-Costs Theory of Limiting Doctrines in Trademark Law 97 The Trademark Reporter (2007)
    Scholarly Commons
  • Stacey Dogan, What Is Dilution, Anyway? 105 Michigan Law Review First Impressions (2006)
    Scholarly Commons
  • Stacey Dogan, What the Right of Publicity Can Learn from Trademark Law 58 Stanford Law Review (2006)
    Scholarly Commons
  • Stacey Dogan, Comment: Sony, Fair Use, and File Sharing 55 Case Western Reserve Law Review (2005)
    Scholarly Commons
  • Stacey Dogan, Peer-to-Peer Technology and the Copyright Crossroads, in Peer-to-Peer Computing: The Evolution of a Disruptive Technology (Ramesh Subramanian & Brian D. Goodman,2005)
    Scholarly Commons
  • Stacey Dogan & Joseph Liu, Copyright Law and Subject Matter Specificity: The Case of Computer Software 61 New York University Annual Survey of American Law (2005)
    Scholarly Commons
  • Stacey Dogan, An Exclusive Right to Evoke 44 Boston College Law Review (2003)
    Scholarly Commons
  • Stacey Dogan, Code Versus the Common Law 2 Journal on Telecommunications & High Technology Law (2003)
    Scholarly Commons
  • Stacey Dogan, Infringement Once Removed: The Perils of Hyperlinking to Infringing Content 87 Iowa Law Review (2002)
    Scholarly Commons
  • Stacey Dogan, Is Napster a VCR? The Implications of Sony for Napster and Other Internet Technologies 52 Hastings Law Journal (2001)
    Scholarly Commons

In the Media

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  • Wired November 18, 2022

    The Taylor Swift Chaos Is A Reckoning for Ticketmaster

    Stacey Dogan is quoted.
    read more

  • Bloomberg Law News September 19, 2022

    Penn State Marks on Merch Don’t Inherently Infringe, Judge Says

    Stacey Dogan’s research is referenced.
    read more

  • Bloomberg Law News June 24, 2022

    Gibson’s ‘Baseless’ Trademark Claims Run into Antitrust Wall

    Stacey Dogan provides insights.
    read more

  • The Daily Free Press February 24, 2022

    CDS Initiative Addresses Issues in Our Society Through Civic-Minded Technology

    Stacey Dogan is quoted.
    read more

  • February 5, 2019

    Cybersecurity Talk Examines Complications of Surveillance Laws

    Stacey Dogan and the BU Cyber Alliance are featured in the <em>Daily Free Press</em>.
    read more

  • September 13, 2018

    Extra Proof Needed for Package Coloring to Qualify as Trademark

    Stacey Dogan quoted in Bloomberg Law
    read more

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Stories from The Record

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Courses

Law & Regulation Of Online Platforms (S): LAW JD 791

3 credits

Technology platforms -- the intermediaries that enable (and shape) our communications with friends, consumption of content, product purchases, game-playing, and more -- have come under increasing scrutiny in recent years. In the early years of the internet, Congress and the courts approached tech platforms with cautious deference, concerned that any government interference with innovation would thwart technological progress to the detriment of the public. Policymakers and courts largely left platforms to their own devices in setting the terms of their relationship with advertisers and consumers, which enabled the collection of vast troves of personal data that fueled the growth of today's tech giants. Section 230 of the Communications Decency Act, moreover, gave platforms almost complete immunity for the misuse of their networks by third parties. Only in the area of intellectual property -- where well-funded interest groups provided a powerful counterweight to the presumption against interference -- did a compromise emerge between rights-holders and platforms. The platforms made good use of their freedoms, building innovative networks whose popularity fueled their data collection, which enabled their extraordinary growth and -- at least arguably -- gave them the power and incentive to snuff out competitors through acquisition or exclusionary conduct. Despite warnings that the platforms were engaged in "killer acquisitions" and other exclusionary behavior, however, antitrust regulators showed little interest in blocking mergers or bringing monopolization claims against them. In short, across a wide range of substantive areas of law -- from privacy to data security to defamation to antitrust -- policymakers, regulators, and courts put a thumb on the scale for technology platforms through at least the mid-2010s. Over the past several years, however, the tide has begun to turn. A rising chorus of critics has argued that online platforms are causing a range of harms for which they should be held legally responsible. Some of these harms relate to the platform's own behavior -- such as the collection of personal data, the deployment of harmful algorithms, and the use of exclusionary practices to thwart potential competitors. Some of the harms result from third party behavior -- like election interference, revenge porn, and defamation -- that takes place on technology networks. Advocates argue for a variety of different legal reforms, including (but not limited to) robust privacy laws, repeal of section 230, increased antitrust enforcement, and regulatory oversight of algorithms. This seminar will introduce these debates by exploring the history of platform law and regulation since the mid-1990s. We will cover a range of topics, including: intermediary liability under trademark and copyright law (including the Digital Millennium Copyright Act); the history and current role of section 230; debates over (and changing federal policy with respect to) net neutrality; state and federal laws governing privacy, data protection, and consumer protection; and antitrust litigation and reform efforts. Given time constraints, we'll cover some of these topics in passing, and others in greater depth, but students should come away with an understanding of the key legal and policy debates across the different areas of law. UPPER-CLASS WRITING REQUIREMENT: Class of 2024 -- This class may be used to partially satisfy the requirement. GRADING NOTICE: This class does 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.

FALL 2022: LAW JD 791 A1 , Sep 7th to Dec 7th 2022
Days Start End Credits Instructors Bldg Room
Wed 8:30 am 10:30 am 3 Stacey Dogan LAW 417

Trademark and Unfair Competition: LAW JD 780

3 credits

This course will examine the precepts of trademark and unfair competition law. We will investigate issues of ownership, protectability, 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, the influence of misappropriation law and fears of free riding, and the challenge of applying trademark laws in the Internet context. GRADING NOTICE: This course does not offer the CR/NC/H option.

FALL 2022: LAW JD 780 A1 , Sep 6th to Dec 8th 2022
Days Start End Credits Instructors Bldg Room
Tue,Thu 9:00 am 10:30 am 3 Stacey Dogan LAW 103