HomeWebcastThe Future of Trademark Infringement: What You Need to Know and Do
Online CLE Trademark Infringement CLE

The Future of Trademark Infringement: What You Need to Know and Do

Live Webcast Date: Monday, December 04, 2017 from 12:00 pm to 2:00 pm (ET)
Intellectual Property Law (CLE)Recording

Online CLE Trademark Infringement

Join us for this Knowledge Group Online CLE Trademark Infringement Webinar. Trademarks (brands) are everywhere. Their associated goodwill among consumers is a business asset that can actually increase in value and last forever. So a company has a strong economic interest in protecting, preserving, and adding to the accumulated goodwill in its trademarks. 

Federal trademark registration provides the exclusive right to use a trademark nationwide. But after you’ve obtained registration, what do you need to do to protect and preserve your trademark rights? What do you do when someone else uses a confusingly similar mark and attempts to trade off your goodwill? And what can you to do ensure you don’t infringe someone else’s trademark rights?

Join a panel of key thought leaders and professionals assembled by The Knowledge Group as they answer these questions with topics including:

  • Trademark Infringement: What is a Likelihood of Confusion?
  • Best Practices to Avoid Infringement 
  • Trademark Infringement Litigation:
    • Claims
    • Surveys and Experiments to Evaluate Perception and Materiality
    • Damages and Other Remedies
  • Notable Court Rulings and Recent Developments

Agenda

SEGMENT 1: 
John C. Blattner, Member
Dickinson Wright PLLC

  • “But I’m Local!” – Why craft brewers should search, and protect, their trademarks nationally
  • “How Different is Different Enough?” – Surprising lessons about similarity of marks and relatedness of products.
  • “But It’s My Name! ” –  Why your own name may not be able to function as your trademark
  • “I Thought We Were All Friends Here” – A once-chummy industry turns litigious
  • Legal Protection for Illegal Products – How to protect your cannabis brand by protecting it for everything except cannabis
  • “But Everyone Has Called It That For Years!” – How legalization of pot has opened the door claims for trademark infringement and violation of privacy.

SEGMENT 2: 
Barnard N. Madsen, Partner
Fillmore Spencer LLC

  • Proper use and renewals
  • Infringement screening
  • Enforcement: a phased approach
  • Likelihood of confusion factors
  • Statutory causes of action
  • Border protection to prevent importation of counterfeit goods

SEGMENT 3: 
Kristina Shampanier, Vice President
Analysis Group

  • Surveys in litigation is a new norm.
  • Traditional trademark (and trade dress) infringement surveys measure consumer perception.
  • Specifically: confusion, secondary meaning, association/dilution.
  • Choice experiment surveys (test/control, conjoint) can measure materiality.
  • Detailed example of a simple test/control choice experiment.
  • Materiality studies can also serve as inputs into damages.

SEGMENT 4: 
David Duski, Director
Davis & Hosfield Consulting LLC

  • Trademark damages law introduction
  • Trademark infringement legal remedies
  • Plaintiff’s actual damages
  • Reasonable royalties 

SEGMENT 5: 
Michael A. Einhorn, Ph.D., Economic Consultant and Expert Witness
Media, Technology, and Copyright

  • Profit Disgorgement
    • Defendant's profits (including apportionment)
  • Defendant Burden
  • Competitive Harm
    • General Reputation Effect
    • Product Development and Migration
    • Territorial Expansion

Who Should Attend

  • Trademark Lawyers
  • Brand Owners
  • Brand Managers
  • In-house Counsel
  • Corporate Counsel
  • Litigation Officers
  • IP Attorneys & Consultants
  • Other Related/Interested Professionals

Online CLE Trademark Infringement

SEGMENT 1: 
John C. Blattner, Member
Dickinson Wright PLLC

  • “But I’m Local!” – Why craft brewers should search, and protect, their trademarks nationally
  • “How Different is Different Enough?” – Surprising lessons about similarity of marks and relatedness of products.
  • “But It’s My Name! ” –  Why your own name may not be able to function as your trademark
  • “I Thought We Were All Friends Here” – A once-chummy industry turns litigious
  • Legal Protection for Illegal Products – How to protect your cannabis brand by protecting it for everything except cannabis
  • “But Everyone Has Called It That For Years!” – How legalization of pot has opened the door claims for trademark infringement and violation of privacy.

SEGMENT 2: 
Barnard N. Madsen, Partner
Fillmore Spencer LLC

  • Proper use and renewals
  • Infringement screening
  • Enforcement: a phased approach
  • Likelihood of confusion factors
  • Statutory causes of action
  • Border protection to prevent importation of counterfeit goods

SEGMENT 3: 
Kristina Shampanier, Vice President
Analysis Group

  • Surveys in litigation is a new norm.
  • Traditional trademark (and trade dress) infringement surveys measure consumer perception.
  • Specifically: confusion, secondary meaning, association/dilution.
  • Choice experiment surveys (test/control, conjoint) can measure materiality.
  • Detailed example of a simple test/control choice experiment.
  • Materiality studies can also serve as inputs into damages.

SEGMENT 4: 
David Duski, Director
Davis & Hosfield Consulting LLC

  • Trademark damages law introduction
  • Trademark infringement legal remedies
  • Plaintiff’s actual damages
  • Reasonable royalties 

SEGMENT 5: 
Michael A. Einhorn, Ph.D., Economic Consultant and Expert Witness
Media, Technology, and Copyright

  • Profit Disgorgement
    • Defendant's profits (including apportionment)
  • Defendant Burden
  • Competitive Harm
    • General Reputation Effect
    • Product Development and Migration
    • Territorial Expansion

Online CLE Trademark Infringement

Online CLE Trademark Infringement

John C. BlattnerMemberDickinson Wright PLLC

John Blattner practices brand creation and protection law, including trademark counseling, clearance, registration, and enforcement. His pre-legal career in publishing, marketing, and nonprofit development enables him to bring real-world business experience into his practice, which includes clients in the media, publishing, entertainment, financial services, food services, automotive, fashion, and other industries.  He also teaches Trademark Law at the Michigan State University College of Law.

Online CLE Trademark Infringement

Kristina ShampanierVice PresidentAnalysis Group

Kristina Shampanier specializes in applying marketing research methods to intellectual property litigation. She has served as a testifying expert and has designed surveys, online experiments, and field experiments in a number of high-profile trademark infringement and misleading advertisement cases. Dr. Shampanier supports clients in a range of industries, including high tech, consumer electronics, software, online services, entertainment and television, credit cards, luxury goods, clothing, online retail, oil, lighting, and automotive. She has a Ph.D. in marketing from the MIT Sloan School of Management, an M.A. in economics from the New Economic School, and an M.S. in mathematics from Moscow State University.

Online CLE Trademark Infringement

David DuskiDirectorDavis & Hosfield Consulting LLC

David Duski is a Director at Davis & Hosfield Consulting LLC, a firm that specializes in financial consulting within the litigation and dispute resolution process.  He has provided dispute resolution services for cases involving patent infringement, trademark infringement, trade secret misappropriation, false advertising, breach of contract, business interruption, legal malpractice, and product liability, among others.  He has also provided financial and economic consulting for attorneys and corporate clients.  He has served as an expert witness in matters filed in U.S. District Court, state court, and before the American Arbitration Association.  Also, Mr. Duski has lectured on the topic of intellectual property damages at The John Marshall Law School, Loyola University Chicago Law School, and the Chicago Bar Association.  He is a licensed Certified Public Accountant in Illinois and Wisconsin, a Certified Licensing Professional, and a Certified Fraud Examiner.  

Online CLE Trademark Infringement

Barnard N. MadsenPartnerFillmore Spencer LLC

Barnard Madsen’s 32-year legal career includes service on a U.S. congressman’s staff, as an Air Force judge advocate, a Special Assistant U.S. attorney, and Assistant Attorney General. He has served as a prosecutor and criminal defense counsel, and full-time for four years as an appellate counsel, and has now served nearly twenty years in private practice. His current practice focuses on intellectual property, employment law, commercial litigation, and appeals. He has been voted multiple times by other attorneys as one of Utah’s Legal Elite in intellectual property and business litigation.

Online CLE Trademark Infringement

Michael A. Einhorn, Ph.D.Economic Consultant and Expert WitnessMedia, Technology, and Copyright

Michael A. Einhorn  is an economic consultant and expert witness in the areas of intellectual property, media, entertainment, technology, trademarks, publicity rights, and product design.  He received a B.A. from Dartmouth College, a Ph. D.  in economics from Yale University, and is the author of Media, Technology, and Copyright: Integrating Law and Economics (Edward Elgar Publishers, 2004).  He is also a former professor of economics at Rutgers University and adjunct professor at the Silberman School of Business (Fairleigh Dickinson University), a Senior Research Fellow at the Columbia Institute for Tele-Information, and the author of seventy professional and academic articles related to intellectual property and economic analysis.

Dr. Einhorn has provided valuation services in the following areas as a consultant or expert witness:

Trademarks, Trade Secrets, and Advertising: Brand valuation, licensing, and infringement damages.
Patents and Technology:  Semiconductors, cellular, software, medical technology, clutch components, pet goods and general patents. 
Music: Recording artists, record labels, producers, publishers, performing rights organizations, radio stations, live venues, and estates.
Video: Movies, cable programs, product placement, treatments, soundtrack, TV programs, satellite programming, DVD videos, and cable operations.  
Publicity Rights and Estate Valuations:  Names and likenesses, estate valuations, and infringement damages
Music: Recording artists, record labels, producers, publishers, performing rights organizations, radio stations, live venues, and estates.
Video: Movies, cable programs, product placement, treatments, soundtrack, TV programs, satellite programming, DVD videos, and cable operations.  
Design, Apparel, and Art: Apparel, architecture, medical illustrations, photography, sculpture, cartoons, toys, and commercial marketing.
Cyberspace:  Music services, proprietary software, open source software, electronic publishing, video games, search engines, and domain names.
Antitrust and Commercial Losses:  Antitrust, breach of contract, and commercial injury in actions involving AT&T, California Scents, Safmor, Inc., Golden Channels Company of Israel, and St. Joseph’s Regional Hospital (College Station, Texas). 


Click Here to Read Additional Material

Online CLE Trademark Infringement

Course Level:
   Intermediate

Advance Preparation:
   Print and review course materials

Method Of Presentation:
   On-demand Webcast

Prerequisite:
   Experience in Intellectual Property Law

Course Code:
   146733

NASBA Field of Study:
   Business Law - Technical

NY Category of CLE Credit:
   Areas of Professional Practice

Total Credits:
    2.0 CLE

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About the Knowledge Group

The Knowledge Group

The Knowledge Group has been a leading global provider of Continuing Education (CLE, CPE) for over 13 Years. We produce over 450 LIVE webcasts annually and have a catalog of over 4,000 on-demand courses.

About the Knowledge Group

The Knowledge Group

The Knowledge Group has been a leading global provider of Continuing Education (CLE, CPE) for over 13 Years. We produce over 450 LIVE webcasts annually and have a catalog of over 4,000 on-demand courses.

Dickinson Wright is a full-service law firm with more than 425 attorneys, in more than 40 practice areas, in markets across the United States and in Canada.  Its intellectual property practice group numbers more than 50 attorneys.

Website: https://www.dickinson-wright.com/

Analysis Group is one of the largest private economics consulting firms, with more than 800 professionals across 13 offices in North America, Europe, and Asia. Since 1981, we have provided expertise in economics, finance, health care analytics, and strategy to top law firms, Fortune Global 500 companies, and government agencies worldwide. Our internal experts, together with our network of affiliated experts from academia, industry, and government, offer our clients exceptional breadth and depth of expertise.

Website: https://www.analysisgroup.com/

David Duski is a Director at Davis & Hosfield Consulting LLC, a firm that specializes in financial consulting within the litigation and dispute resolution process.  He has provided dispute resolution services for cases involving patent infringement, trademark infringement, trade secret misappropriation, common law misappropriation, false advertising, breach of contract, business interruption, legal malpractice, and product liability, among others.  He has also provided financial and economic consulting for attorneys and corporate clients.

Mr. Duski has assisted counsel in various stages of litigation including developing case strategy, preparing interrogatories and document requests, analyzing financial issues, drafting expert reports, participating in the deposition of witnesses, and creating demonstrative exhibits for trial.

Mr. Duski has conducted complex financial analyses involving lost sales, lost profits, incremental profits, manufacturing and marketing capacity, fixed and variable costs, product line profitability, price erosion, reasonable royalties, unjust enrichment, commercial success, and prejudgment and post-verdict interest for both plaintiffs and defendants.  He has also served as an expert witness in matters filed in U.S. District Court, state court, and before the American Arbitration Association.

Mr. Duski is a licensed Certified Public Accountant, a Certified Licensing Professional, and a Certified Fraud Examiner.

Website: https://www.dhllc.com/

For over twenty years, Fillmore Spencer has been providing branding advice and helping clients large and small register and enforce their trademarks. From business matters to family matters, from legal advice to litigation, Fillmore Spencer is a full-service law firm, with three locations in Utah. Fillmore Spencer: solving problems and seizing opportunities--for you, your family and your business.

Website: https://www.fslaw.com/

John Blattner practices brand creation and protection law, including trademark counseling, clearance, registration, and enforcement. His pre-legal career in publishing, marketing, and nonprofit development enables him to bring real-world business experience into his practice, which includes clients in the media, publishing, entertainment, financial services, food services, automotive, fashion, and other industries.  He also teaches Trademark Law at the Michigan State University College of Law.

Kristina Shampanier specializes in applying marketing research methods to intellectual property litigation. She has served as a testifying expert and has designed surveys, online experiments, and field experiments in a number of high-profile trademark infringement and misleading advertisement cases. Dr. Shampanier supports clients in a range of industries, including high tech, consumer electronics, software, online services, entertainment and television, credit cards, luxury goods, clothing, online retail, oil, lighting, and automotive. She has a Ph.D. in marketing from the MIT Sloan School of Management, an M.A. in economics from the New Economic School, and an M.S. in mathematics from Moscow State University.

David Duski is a Director at Davis & Hosfield Consulting LLC, a firm that specializes in financial consulting within the litigation and dispute resolution process.  He has provided dispute resolution services for cases involving patent infringement, trademark infringement, trade secret misappropriation, false advertising, breach of contract, business interruption, legal malpractice, and product liability, among others.  He has also provided financial and economic consulting for attorneys and corporate clients.  He has served as an expert witness in matters filed in U.S. District Court, state court, and before the American Arbitration Association.  Also, Mr. Duski has lectured on the topic of intellectual property damages at The John Marshall Law School, Loyola University Chicago Law School, and the Chicago Bar Association.  He is a licensed Certified Public Accountant in Illinois and Wisconsin, a Certified Licensing Professional, and a Certified Fraud Examiner.  

Barnard Madsen’s 32-year legal career includes service on a U.S. congressman’s staff, as an Air Force judge advocate, a Special Assistant U.S. attorney, and Assistant Attorney General. He has served as a prosecutor and criminal defense counsel, and full-time for four years as an appellate counsel, and has now served nearly twenty years in private practice. His current practice focuses on intellectual property, employment law, commercial litigation, and appeals. He has been voted multiple times by other attorneys as one of Utah’s Legal Elite in intellectual property and business litigation.

Michael A. Einhorn  is an economic consultant and expert witness in the areas of intellectual property, media, entertainment, technology, trademarks, publicity rights, and product design.  He received a B.A. from Dartmouth College, a Ph. D.  in economics from Yale University, and is the author of Media, Technology, and Copyright: Integrating Law and Economics (Edward Elgar Publishers, 2004).  He is also a former professor of economics at Rutgers University and adjunct professor at the Silberman School of Business (Fairleigh Dickinson University), a Senior Research Fellow at the Columbia Institute for Tele-Information, and the author of seventy professional and academic articles related to intellectual property and economic analysis.

Dr. Einhorn has provided valuation services in the following areas as a consultant or expert witness:

Trademarks, Trade Secrets, and Advertising: Brand valuation, licensing, and infringement damages.
Patents and Technology:  Semiconductors, cellular, software, medical technology, clutch components, pet goods and general patents. 
Music: Recording artists, record labels, producers, publishers, performing rights organizations, radio stations, live venues, and estates.
Video: Movies, cable programs, product placement, treatments, soundtrack, TV programs, satellite programming, DVD videos, and cable operations.  
Publicity Rights and Estate Valuations:  Names and likenesses, estate valuations, and infringement damages
Music: Recording artists, record labels, producers, publishers, performing rights organizations, radio stations, live venues, and estates.
Video: Movies, cable programs, product placement, treatments, soundtrack, TV programs, satellite programming, DVD videos, and cable operations.  
Design, Apparel, and Art: Apparel, architecture, medical illustrations, photography, sculpture, cartoons, toys, and commercial marketing.
Cyberspace:  Music services, proprietary software, open source software, electronic publishing, video games, search engines, and domain names.
Antitrust and Commercial Losses:  Antitrust, breach of contract, and commercial injury in actions involving AT&T, California Scents, Safmor, Inc., Golden Channels Company of Israel, and St. Joseph’s Regional Hospital (College Station, Texas). 

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