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
Antitrust Law, Intellectual Property, Law & Technology

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.

  1. Stacey Dogan, "Annette Kur: Toward Understanding," in Transition and Coherence in Intellectual Property Law: Essays in Honour of Annette Kur , Niklas Bruun, Graeme Dinwoodie, Marianne Levin & Ansgar Ohly, eds., Cambridge University Press (2021).
  2. Stacey Dogan, "Reforming Trademark Laws Approach to Intermediary Liability," in Research Handbook on Trademark Law Reform , Graeme Dinwoodie & Mark Janis, eds., Edward Elgar Publishing (2021).
  3. Stacey Dogan, "Approaches to Secondary Liability for Trademark Infringement," in The Cambridge Handbook of International and Comparative Trademark Law 512, Irene Calboli & Jane C. Ginsburg, eds., Cambridge University Press (2020).
  4. Stacey Dogan, "Stirring the Pot: A Response to Rothman's Right of Publicity," in Symposium Owning Personality: The Expanding Right of Publicity, 42 Columbia Journal of Law & the Arts 321 (2019).
  5. Stacey Dogan, "Bounded Rationality, Paternalism, and Trademark Law," 56 Houston Law Review 269 (2018).
  6. 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 & Jens Schovsbo, eds., Edward Elgar Publishing (2018). SSRN | Scholarly Commons
  7. Stacey Dogan, "Whittling Away at Trademark Law’s Notions of Harm," JOTWELL (Jan. 30, 2017). Reviewing Michael Handler, What Can Harm the Reputation of a Trademark? A Critical Re-Evaluation of Dilution by Tarnishment, 106 TM REP. 639 (2016).
    Publisher | Scholarly Commons
  8. Stacey Dogan, "Bullying and Opportunism in Trademark and Right-of-Publicity Law," 96 Boston University Law Review 1293 (2016).
    Publisher | SSRN | Scholarly Commons
  9. 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 , Suzy Frankel & Daniel Gervais, eds., Wolters Kluwer Publishing (2016). Publisher
  10. Stacey Dogan, "The Role of Design Choice in Intellectual Property and Antitrust Law," 15 Journal on Telecommunications and High Technology Law 27 (2016).
    SSRN | HeinOnline (BU) | HeinOnline | Scholarly Commons
  11. Stacey Dogan, "Internet Payment Blockades: SOPA and PIPA in Disguise? Or Worse?" JOTWELL (March 25, 2015). Reviewing Annemarie Bridy, "Internet Payment Blockades," Florida Law Review (2015).
  12. 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). Scholarly Commons
  13. 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," 37 Columbia Journal of Law & the Arts 463 (2014).
  14. 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 | Scholarly Commons
  15. Stacey Dogan & Mark Lemley, "Parody 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 | Scholarly Commons
  16. 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).
  17. Stacey Dogan, "Trademark Dilution and Corporate Personhood," reviewing, Sandra L. Rierson, "The Myth and Reality of Dilution," 11 Duke Law & Technology Review (2013), JOTWELL: Intellectual Property (Dec 2011).
  18. 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 | Scholarly Commons
  19. Stacey Dogan, "We Know It When We See It: Intermediary Trademark Liability and the Internet," 2011 Stanford Technology Law Review 7 (2011).
    Publisher | SSRN | Scholarly Commons
  20. 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).
  21. Stacey Dogan, "Beyond Trademark Use," 8 Journal on Telecommunications and High Technology Law 135 (2010).
    SSRN | Scholarly Commons
  22. Stacey Dogan, "Trademark Remedies and Online Intermediaries," in Symposium Business Law Forum Intellectual Property Remedies, 14 Lewis & Clark Law Review 467 (2010).
  23. Stacey Dogan & Mark Lemley, "Antitrust Law and Regulatory Gaming," 87 Texas Law Review 685 (2009).
    SSRN | HeinOnline (BU) | HeinOnline
  24. 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 | Scholarly Commons
  25. 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 | Scholarly Commons
  26. 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 | Scholarly Commons
  27. 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).
  28. Stacey Dogan, "What Is Dilution, Anyway?" 105 Michigan Law Review First Impressions 103 (2006).
  29. Stacey Dogan & Mark Lemley, "What the Right of Publicity Can Learn from Trademark Law," 58 Stanford Law Review 1161 (2005-06).
    SSRN | HeinOnline | Scholarly Commons
  30. Stacey Dogan, "Comment: Sony, Fair Use, and File Sharing," 55 Case Western Reserve Law Review 971 (2004-05).
  31. 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).
  32. Stacey Dogan & Mark Lemley, "The Merchandising Right: Fragile Theory or Fait Accompli?" 54 Emory Law Journal 461 (2005).
    SSRN | HeinOnline
  33. 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).
  34. Stacey Dogan & Mark Lemley, "Trademarks and Consumer Search Costs on the Internet," 41 Houston Law Review 777 (2004-05).
    SSRN | HeinOnline
  35. Stacey Dogan, "Code Versus the Common Law," 2 Journal on Telecommunications & High Technology Law 71 (2003).
    SSRN | HeinOnline | Scholarly Commons
  36. Stacey Dogan, "An Exclusive Right to Evoke," 44 Boston College Law Review 291 (2002-03).
    SSRN | HeinOnline | Scholarly Commons
  37. Stacey Dogan, "Infringement Once Removed: The Perils of Hyperlinking to Infringing Content," 87 Iowa Law Review 829 (2001-02).
  38. Stacey Dogan, "Where's the Middle Ground? The Battlefield over Copyright," 1:2 Northeastern Law Magazine 2 (Summer 2002). [Essay]
  39. Stacey Dogan, "Is Napster a VCR? The Implications of Sony for Napster and Other Internet Technologies," 52 Hastings Law Journal 939 (2001-02).
    HeinOnline | Scholarly Commons
  40. Stacey Dogan, "Copyright in Cyberspace," in Learning Cyberlaw in Cyberspace , (1999). Publisher
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