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 Peter J. Karol

Peter J. Karol

Professor of Law


B.A. Amherst College
J.D. Harvard Law School


Professor Karol joined the full-time New England Law | Boston faculty in 2012. He teaches a wide range of intellectual property courses, as well as Property, and coordinates the school’s Intellectual Property certificate program. Professor Karol focuses his scholarship on intellectual property matters generally, and copyright and trademark law in particular. He has recently published articles challenging the requirements for federal service mark protection and the use of theft rhetoric in civil copyright trials, and proposing constitutional limitations on federal trademark law. He is also interested in the nascent field of Intellectual Property and Human Rights, having recently introduced such a course to New England Law | Boston’s program on International and Comparative Human Rights Law, in Galway, Ireland, where he was on-site director.
Prior to joining the faculty, Professor Karol was partner in the IP litigation, trademark, and copyright practice groups of Sunstein Kann Murphy & Timbers LLP, Boston, where he represented companies in complex litigation and appellate matters, including intellectual property litigation and appeals, and managed global trademark portfolios.

Selected Publications

The Threat of Termination in A Dematerialized Art Market, 64 J. Copyright Soc’y U.S.A. 187 (2017)
Social Science Research Network

Extraction Point, in Artforum International Magazine (2017)

Trademark’s eBay Problem, 26 Fordham Intell. Prop. Media & Ent. L.J. 625 (2016)
Social Science Research Network

Fair Use, Meet Ex parte Young, 89 Pat. Trademark & Copyright J. 689 (2015)
Adobe Acrobat Portable Document Format

The Constitutional Limitation on Trademark Propertization, 17 U. Pa. J. Const. L. (2015)
Social Science Research Network

Hey, He Stole My Copyright! Putting Theft on Trial in the Tenenbaum Copyright Case, 47 New Eng. L. Rev. 887 (2013)
Social Science Research Network

How Do You Solve a Problem Like Redigi?, in Law360 (2013) (April 12, 2013)

Affixing the Service Mark: Reconsidering the Rise of an Oxymoron, 31 Cardozo Arts & Ent. L.J. 357 (2013) Judged one of the best law review articles of the year related to IP Law and selected for inclusion in the 2014 edition of the INTELLECTUAL PROPERTY LAW REVIEW, an anthology published annually by Thomson Reuters (West).
Social Science Research Network

Fair Use in the Digital Age: New Guidance for Electronic Course Materials at Universities, in Intell. Prop. Update (2012)

Navigating the Shoals of Copyright Termination, in Intell. Prop. Update (2012)

Trademark Terminations: A Lesson from the Music Industry?, 82 Pat. Trademark & Copyright J. 666 (2011)

Are the Glory Days Gone for Good? Trademark Board Checks Expansion of the Increasingly Popular Fraud Defense, in Intellectual Property Update (2009)

Who's at the Helm? The Federal Circuit's Rule of Deference and the Systemic Absence of Controlling Precedent in Matters of Patent Litigation Procedure, in AIPLA Q.J. (2009)

The Presumption of Validity: A New Crack in the Armor? Patent, 76 Pat. Trademark & Copyright J. 1869 (2008)