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In Their Own Words
Each month, the School of Law spotlights one of our faculty members.
What you always wanted to know, we ask ....
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STACEY L. DOGAN
Professor of Law
May 2006
biography
Current Research
My scholarship generally focuses on trademark and copyright law in the Internet context. I've done a number of projects on file sharing and other online copyright infringement issues, but in the last couple of years I've been gravitating toward trademark law. In my current research, I'm considering the ways in which people's use of trademarks can convey information about their preferences and characteristics, and how the law should deal with such information. So, for example, if I go to Amazon and type in LEGO as a search term, should Amazon be able to point me to alternative building-type toys? Or if I type Boston Red Sox into Google, should Fenway-neighborhood restaurants and hotels have the ability to post advertisements in response? You may think, "of course!"and so do Ibut some trademark holders have made claims that suggests that even this kind of "use" of their marks is unlawful. I've written about the issue from a trademark law perspective, and my current project extends the analysis by considering the question from the perspective of information economics.
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Recent Publications
Over the past few years, I've written a series of articles with Professor Mark Lemley of Stanford Law School, all dealing in some way with trademark or right of publicity law. Our most recent article, "What the Right of Publicity Can Learn from Trademark Law," just came out in the Stanford Law Review. Last year, we published a piece in the Emory Law Journal about whether trademark holders should have the right to prevent people from selling t-shirts, trinkets and other merchandise bearing their marks. That article is called "The Merchandising Right: Fragile Theory or Fait Accompli?" I also have an article, "Trademarks and Consumer Information," forthcoming in McGill University's Meredith Lecture publication. Finally, I've written a couple of short copyright-related essays in the past year or so: "Copyright Law and Subject Matter Specificity: The Case of Computer Software," co-authored with Professor Joe Liu of Boston College, in the NYU Annual Survey of American Law, and "Comment: Sony, Fair Use, and File Sharing," in the Case Western Reserve Law Review.
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Most Interesting Case
I worked on a lot of interesting cases in practice, ranging from complex antitrust litigation to a libel action by a boat pilot against a shipping company who called him a "safety risk" after he failed a substance test. Probably my most memorable litigation experience was a pro bono political asylum case I filed on behalf of a teenager from Togo. I worked for months to put his case together, compiled extensive documentation of the abhorrent human rights record of the Togolese government, and prepped him for hours to discuss his political activism in Togo and the reason he felt threatened in his country. When we arrived in court for his hearing, the immigration law judge lashed into me for giving him too much information: "Do you think I have time to read all this?!" He also told me that he didn't think a young teenager was capable of forming political opinions or being persecuted because of those opinionsin other words, he immediately shut down the entire core of my asylum claim. He refused to let me do my direct examination, asking all of the questions directly from the bench. The judge ultimately decided in favor of my client for different reasons, but he seemed determined to bring me down to size. It was pretty traumatic for me, but I learned some important lessons about knowing your audience and going with the flow when you have no other choice.
Best Book Read in the Past Year
I love novels, but between work and family life, I barely have time to sleep, let alone read fiction. My all-time favorite book is Midnight's Children by Salman Rushdie. Recently, I've been working on Wild Swans, by Jung Chang. It tells the story of three generations of Chinese women, beginning with the author's grandmother in the early 1900s and moving through the life of her mother and herself. I love books like thiscompelling, plot-driven narratives that grip me while at the same time teaching me something about the world.
Favorite Thing to do When Not at the Law School
My kids, of course! I have two wonderful children, Becky, 6, and Oliver, almost 4. I love to do pretty much anything with themriding bikes, reading books, skiing, playing games, hiking or just hanging out. My husband Gregg and I also enjoy playing tennis, and when I'm not doing any of that stuff, I try to find time to practice the piano and to run. A couple of years ago my two sisters and I ran the Boston Marathon together, for the American Liver Foundation. It was amazingsounds kind of corny, but we all held hands as we crossed the finish line (5-1/2 hours after we had started!).
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