Skip To The Main Content
Menu
Search

In This Section

Peter J. Karol
Contact Information

pkarol@nesl.edu
617-422-7327

Areas of Expertise
  • Patent Law and Litigation
  • Corporate Law
  • Trademark Law
  • Intellectual Property
  • Copyright Law
  • Computer Law
  • Civil Litigation
  • Business Law

Peter J. Karol

Professor of Law

Education

BA Amherst College
JD Harvard Law School

Professional Background

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 directs the school’s Intellectual Property concentration. Professor Karol focuses his scholarship on intellectual property matters generally, and art, copyright, and trademark law in particular.

He has recently published articles exploring the challenges of collecting and exhibiting contemporary and conceptual art in an age of reproducibility, trademark owners’ entitlement to injunctive relief, the requirements for federal service mark protection, the use of theft rhetoric in civil copyright trials, and 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’s program on International and Comparative Human Rights Law in Galway, Ireland, where he was on-site director. His current research looks at whether and how visual artists might use certificates of authenticity as a tool to exert control over artworks after sale.

Selected Publications

Extraction Point, Artforum International Magazine (2017)

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

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

The Constitutional Limitation on Trademark Propertization, 17 University of Pennsylvania Journal of Constitutional Law (2015)

Fair Use, Meet Ex parte Young, 89 Pat. Trademark & Copyright J. 689 (2015)

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).

Hey, He Stole My Copyright! Putting Theft on Trial in the Tenenbaum Copyright Case, 47 New England Law Review 887 (2013)

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

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

Navigating the Shoals of Copyright Termination, Intellectual Property 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, 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, AIPLA Q.J. (2009)

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