Christine H. Farley

Christine is an alumna of the University of Buffalo School of Law. Christine also received her LL.M. and J.S.D. from Columbia. She is currently the Co-Faculty Director of the Program on Information Justice and Intellectual Property at WCL. Before becoming a professor, Christine worked as an Associate specializing in trademark and copyright litigation at Rabinowitz, Boudin, Standard, Krinsky & Lieberman in New York.

How did Professor Farley first become involved in IP Law?

It was not something she considered in law school; instead, Professor Farley was drawn towards an art law class offered by Buffalo. There, Farley received her first exposure to copyright law. Intrigued by the complexity of IP and the difficulty of defending copyrights and trademarks amidst the tension between creators, the public sector, and the private sector, Farley began to pursue IP. She took advantage of writing opportunities to expand her knowledge of IP in Law School and, from there, started as an associate specializing in trademark and copyright litigation at Rabinowitz.

What was IP law like when Professor Farley was beginning to practice?

Professor Farley’s entrance into IP coincided with the advent of the internet, where copyright law began to expand rapidly. The development of the internet and IP was the main focus of her work at Rabinowitz, as she worked on cases involving copyrighted materials being posted on the internet, defenses of commentary or criticism that arose from those works being posted, domain names, and more. While trademark and patent law from the 1950s and copyright law from the 1970s was and is still the foundation of IP law, many amendments and updates came from the internet boom. As common law was the only way courts could keep up with the advancement of technology, the courts were where real change was occurring, not statutes.

What areas of law does Professor Farley find intersect the most with IP? Should students pursue education in these areas?

Many topics are IP adjacent or intersecting, and it would be hugely beneficial for students to learn and know about them as they seek a career within the broad field of IP. 1st Amendment law is important for copyright, trademark, and the newer right of publicity. Anti-trust is also relevant because IP laws are “quasi-monopolies” that can be used with real anti-competitive effects. Copyright, trademark, and patent law often include a lot of interaction with the government through the copyright and trademark offices, in addition to many IP jobs within the government, making Administrative law extremely relevant. Lastly, Tech law has and will always be closely affiliated with IP law, as many areas of Tech law address IP-related topics like privacy, AI, and other developing technologies that force law to adapt in response.

What were some of the most influential or significant cases in which Professor Farley has participated?

Professor Farley has done several comments and amicus briefs for the Supreme Court, one of which was the long-lasting and infamous Redskins trademark case. Farley wrote an amicus brief with the Native American Rights Fund (NARF), attempting to convince the Supreme Court to grant certiorari for the case after the Court of Appeals ruled that the Native American plaintiffs had been untimely and delayed in pursuing the matter. While the multitude of briefs were submitted separately, Farley worked closely with the NARF, other amicus brief authors, and psychologists to convince the Court that the stereotypical and stigmatizing damage created by the Redskins mascot outweighed potential harms to the trademark registrant caused by delay.