Prof. Dustin Marlan

Dustin Marlan

Assistant Professor

Law School / Faculty

Curriculum Vitae

508-985-1131

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UMass School of Law 215


Education

University of Pennsylvania Law SchoolJD
Indiana University—BloomingtonBA

Teaching

  • Business Organizations
  • Community Development Seminar

Research

Research interests

  • Intellectual Property: Trademarks
  • Intellectual Property: Advertising
  • Legal Education, Methodology and Theory

Professional Background

Dustin Marlan is an Assistant Professor and Director of the Community Development Clinic (CDC) at the Law School.  His teaching and research interests include business law and intellectual property, especially trademarks and advertising.  Professor Marlan’s current research concentrates on the interpretation of “visual trademarks”—logos, trade dress, and image (publicity) rights. His scholarship has appeared in law journals including the Washington Law Review and the University of Pennsylvania Journal of Constitutional Law

Prior to joining UMass Law, Professor Marlan was a Clinical Teaching Fellow at the University of Michigan Law School.  He formerly practiced law as an associate at Wilson Sonsini Goodrich & Rosati PC, focusing on trademarks, advertising, and technology transactions, and at K&L Gates LLP, focusing on intellectual property and commercial law. He received his JD, cum laude, from the University of Pennsylvania Law School and his BA from Indiana University—Bloomington.

Publications

Visual Metaphor and Trademark Distinctiveness, 93 Washington Law Review 767 (2018)

When Does the Right of Publicity Trump a Video Game Maker’s First Amendment Rights?, 18 Cyberspace Lawyer 11 (2014) (co-author)

Comment, Trademark Takings: Trademarks as Constitutional Property Under the Fifth Amendment Takings Clause, 15 University of Pennsylvania Journal of Constitutional Law 1581 (2013)

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