Lars S. Smith's blog

First Day of Classes

I just wanted to quickly post a picture of my class on Tuesday. I have 34 students. Only 2 are from Wuhan, although most are from other towns in Hubei province (Wuhan is the capital city of Hubei province). Other provinces represented are Hebei, Hunan, Henan, Shandong, Jiong Xi, Guangdong, Fujian, Shanxi, Guizhou (I think that's it).

I teach all of my class on the same day, so I started out with a presentation about me and about Louisville and Kentucky. During the next hour, I gave a lecture about the structure of the US legal system, comparing it in part to a civil law system, like the Chinese legal system. I emphasized the role of courts in our system, and particularly the role of the common law. Finally I ended with a quick introduction of the sources of law governing intellectual property. I had a few questions, but I think that the students were both nervous about the first day of class, and worried about their English. We're using an electronic casebook, written by a colleague at Lewis and Clark Law School. This permitted me to be able to acquire copies for all of the students, and easily distribute it to the class. We'll see how it goes: I've never taught using a digital casebook before, so it will be interesting to see how it works.

I have also scheduled office hours for the students. My first one was today, and my office was packed. Many stayed for over three hours. I told them in class that they could stop by and talk about anything, and they sure did. It was a lot of fun.

The Emperor of Beers






We went shopping on Saturday at a store that carries "foreign" foods (you know, Frosted Flakes and Skippy). While cruising through the isles, I was suprised to see what I thought was the King of Beers, Budweiser. However, upon closer inspection, it turns out it was a can of Blue Diamond 啤酒 (píjiǔ)(beer), with very similar trade dress to the American classic. That immediately got me in trademark mode, trying to determine if it was in fact infringing. Anheuser-Busch has been fighting a generally losing battle against Budweiser Budvar, including in China, but this beer appears to be Chinese, and does not use the word "budweiser" on the can. However, the color scheme is similar, and the name Blue Diamond empasizes the letters "B" and "D", perhaps to remind a consumer of the term "Bud"? What do you think?

What's Chinese for Protractor?


The last couple of days has been spent getting our children into school in Wuhan. We found a school online before we left which is not too far from the Zhongnan University campus, called the Wuhan Maple Leaf Foreign Nationals School. We went by on Monday to enroll Lindsey and Alison, and were very impressed with what we saw. The Maple Leaf School has a huge campus, comprising the small foreign nationals part, and the very large school for chinese students wishing to attend middle and high school in English. It's modeled on the educational system in British Columbia, Canada (in fact it's certified by their department of education). Lindsey and Alison are taking classes in English, taught by Canadian teachers. After figuring out how to pay the tuition (in US Dollars) and the uniform and transportation fees (in Chinese RMB), we got the kids enrolled. They attended their first classes Tuesday. Lindsey and Alison had a great time, they really like their teachers (a husband and wife team, as it turns out), and don't even mind wearing the uniforms!

The big challenge happend last night (Tuesday evening for us) when Lindsey handed us the list of supplies she needed for class: Calculator, ruler, highlighters, blue pen, red pen, 8 A4-sized notebooks, and finally, a protractor. So, after contacting the student assigned to me to assist with getting us settled to find out where the supply store was located, I headed off to do my shopping. I found the store (yay, me!), but I was having trouble finding everything. The daughter of the manager came over, and in her best Chinese, asked what I was looking for. OK, so, how do you say "protractor" or "glue" in Chinese? I pulled out my handy iPhone, and using my Pleco Chinese dictionary, we worked our way through the store, and managed to get everything. 

Meeting with Dean Chen



Today we visited Yunnan University, and one of our presentations was by Dean Chen Yundong, dean of the of Yunnan University Law School. Dean Chen (Yunnan) was a Fulbright from 2006-07 at American University in Washington. So I have now had the pleasure to meet two law school deans named Chen! His is the first picture.(Dean Chen (Louisville) was also a Fulbright in Iceland, btw).  Yunnan University was established in 1922, and it's founder and first faculty sought to establish it as an international university. The second picture is of a room in the Imperial Examination Building, located on campus, where people would take the Imperial Exam to work for the government. They had to stay in the room, without leaving, for 3 days. The bucket in the corner served an obvious purpose. And you thought the bar exam was hard! The third picture is of the building where the examiners graded the exams to see who would be allowed to travel to Beijing to take the final examination. 


We also had lectures from several American Fulbright Young Research Scholar grantees, who are here doing research on such issues as Chinese Tobacco usage, Chinese Minorities education issues, teaching drama to Chinese university students, and studying issues in organic and sustainable agriculture. A very impressive bunch. 

Fulbright Training in Kunming


We've been in Kunming since Saturday, where the US State Department is hosting the Fulbright training program for those of us on half-year Fulbrights. Kunming is a city in western China, reportedly with the highest number of indigenous ethnic minorities (reported at 54 or so), so it is a very diverse city. We are staying at the Green Lake Hotel, near a lake which apparently is named Emerald Green Lake in Chinese. We started with presentations by various officers in the Chengdu consulate, focussing on such issues as political, legal, cultural and environmental issues in China, as well as the consular services provided to US citizens, and Chinese students seeking visas to study in the US. One interesting point: there is no maximum number of student visas set, and last year 130,000 Chinese students came to the US last year to study (15,000 US students came to China in 2009). The presentation by the Environmental, Science, Technology and Health officer on environmental issues in China was also fascinating. Two points stuck out: First, China has some serious environmental challenges to deal with, and second, the China has committed to be a leader in clean energy technology (issues discussed by US Ambassador John Huntsman at presentations in China as well see: 

On the teaching front, the Fulbright program also brought in the current full-year Fulbrighters to present on their experiences from their first six months in China. One theme that came through was the need to be flexible. One surprising difference is that often much of the planning for events is done only a short time in advance. This includes course schedules. A number of the faculty only found out a few days a head of time what they were going to teach. The other issue is the challenge to have students participate in class, something that, at least in law school, is an expectation. However, we have to be mindful of the challenge for our students of taking a course in a second language, and then to be expected to speak extemporaneously on a topic. 


I leave you with a picture from Green Lake Park from this morning. The park was filled with people dancing and doing Tai Chi. 

Legal Structures in Hong Kong


I am staying in Hong Kong for a few days before traveling to Kunming, China for my Fulbright in-country orientation. While touring the city, I came upon several legal structures from the period when Britain controlled Hong Kong. I have posted three of them here. First is Government House, residence of the British Governor until the hand over of Hong Kong to China in 1997. It is now the residence of the Chief Executive of Hong Kong. Second is the former Central Police Station, located interestingly on Hollywood Road. Finally is the Magistracy, which formerly housed the Magistrates Court. These last two structures were part of a compound that also included Victoria Prison and were linked by underground tunnels. I read online that you could be arrested, tried, and serve time, all without seeing the light of day!

Seeing these buildings made me think about the current structure of the Hong Kong legal system. Despite being a part of China, Hong Kong is actually designated a Special Administrative Region, which under the 1984 treaty signed by Britain and China created the "one country, two systems" principle. This treaty created the Basic Law, which for Hong Kong operates as form of constitution. The Basic Law maintains the legal system created under British rule, including the existing court-made common law and rules of equity, and the right to self governance except on matters of foreign affairs and defense. One interesting consequence of the one country, two systems principle is that I have not formally entered China yet. When I leave Hong Kong to travel to Kunming, I will be entering the People's Republic of China for the first time.

On my way to China...


We're on our way! I am sitting in Chicago O'Hare airport waiting for the 12:32 flight to Hong Kong. 

As I mentioned, I have set up a Twitter account that is linked to this blog. The Twitter Account is LarsSSmith. Boring, I know, but accurate. Anyway, when I post on here, apparently the internet tubes will be linked between this blog site and my Twitter account. At least that is what our Cybrarian Virginia Mattingly Smith says!

 One thing I hope will happen is that I can start a dialogue between my US students and my Chinese students. Please email me with your questions. I start teaching on February 22, and I would be glad to ask my new students any questions that you may have. And even though the class is on US intellectual property law, I would imagine there is an opportunity to broaden the discussion. 

 EDIT: oh, and I have no idea what the netiquette is for posting on Twitter, so any advice will be much appreciated.

Good or Bad Omen?


Over the last couple of weeks, my family and I have been working hard to get ready for our Fulbright trip to Wuhan, China. On Saturday,  we had some Chinese food and got the following fortune in a fortune cookie:

I'm still trying to determine whether being "unusual successful" is a good or a bad thing. I guess it's better than boring successful, although that's been my goal until now.


In the next day or two, I will post some more information about my trip. I plan to blog regularly, for those of you who are interested.  

Split decision in Ebay v. Tiffany: eBay Wins on Trademark Issues, Looses on Advertising Claims

The Second Circuit Court of Appeals today issued its ruling in the eBay v. Tiffany case. TIffany sued eBay claiming that eBay was liable for trademark infringement and false advertising because sellers sold counterfeit merchandise on eBay's site. The basic trademark argument was that eBay was contributorily liable for the infringement because it did not do enough to prevent fakes being sold on its site. The court upheld the judgment of no infringement of trademarks by eBay, but reversed on the question of whether eBay's advertising that consumers can purchase Tiffany products on the auction site was misleading. I haven't been able to read a copy of the opinion yet, but here is a nice summary.

Trademark Moot Court Team Wins Regionals!


The team of Justin Capps, Mari-Elise Gates and Marilyn Osborn won the Southern Regional competition in the Saul F. Lefkowitz Trademark Moot Court Competition held in Atlanta this weekend. They managed this by being awarded Best Brief and Best Oralists in the region and thus, BEST OVERALL!

 This year, the teams were coached by Adjunct Professor Jack Wheat, of Stites & Harbison, in preparation for oral arguments.

 The team will travel to Washington, D.C., to argue in the finals at the Federal Circuit Court of Appeals.

Congratulations and best of luck!