Trademark and False Advertising Litigation: Significant Issues & Updates to Level Up Your Game plan
The Lanham Act clearly prohibits a number of activities which include trademark infringement, dilution, and false advertising. Traditionally, trademarks and trade names abide by the same general laws to minimize the negative effects arising from false and misleading advertising.
In this LIVE Webcast a seasoned panel of thought leaders, professionals and counsel assembled by The Knowledge Group will provide the audience with an in-depth analysis of the significant issues and recent updates with regard to Trademark and False Advertising Litigation. Speakers will present best practices and practical tips to avoid unnecessary risks and pitfalls.
Key topics include:
- Trademark and False Advertising Litigation – An Overview
- The Lanham Act
- The Effects of Misinformation
- Recent Court Decisions
- Scope and Limitations
- Risks and Legal Challenges
Sanjay Karnik, Senior Trial Counsel
Amin Talati & Upadhye, LLP
- Defining “Commercial Advertising and Promotion” under the Lanham Act (a primer, introduction on False Advertising / Unfair Comp. under the Lanham Act)
- Adwords/Keywords litigation; discovery tips
Rene Befurt, Vice President
Analysis Group, Inc.
- Conjoint & Discrete Surveys (likelihood of confusion surveys), e.g., proving likelihood of confusion in trademark cases
Jeffery A. Stec, Vice President
Charles River Associates
- Damages/Apportionment in Lanham Act cases
Who Should Attend:
- Trademark Lawyers
- Trademark Litigators
- Advertising Attorneys
- Advertising Agencies
- Advertising/Marketing Officers
- Marketing Executives
Sanjay Karnik is a Senior Trial Counsel on Amin Talati Upadhye’s Government Investigations, Class Action and Business Litigation teams.
A former Assistant United States Attorney, Sanjay applies his federal litigation and trial skills to representing clients in a wide range of government investigation, class action, business, trademark and related intellectual property disputes.
Sanjay’s government investigation, class action and business litigation work involves representing clients in disputes common to the food, beverage, supplement, drug and cosmetic industries. Sanjay defends deceptive or misleading labeling, adulteration and false advertising investigations brought by the FDA, FTC and state attorneys’ general, and deceptive trade practice. Sanjay’s practice also includes litigating trademark infringement, trade secret claims, business defamation and breach of contract matters primarily related to manufacturing/supplier, distribution and intellectual property agreements.
Sanjay Karnik is a Senior Trial Counsel on Amin Talati Upadhye’s Government Investigations, Class Action and Business Litigation teams. A …
As a Vice President of Charles River Associates, Dr. Stec has worked with clients in the areas of antitrust, finance, intellectual property, and survey research as both a consulting expert and as an expert witness. In the area of survey research, Dr. Stec has created numerous in-person, telephone, mail, and internet surveys for various clients as well as critically evaluated surveys and survey methodologies in both trademark and false advertising litigation and non-litigation consulting engagements. In the area of economics and damages, Dr. Stec has conducted economic and econometric analyses to determine the value of intellectual property as well as the amount of economic damages resulting from trademark and false advertising claims. He has given presentations and conducted research on survey and damages topics as well testified as an expert on both survey research and economics/damages in state and federal court, arbitrations, and at the International Trade Commission. Dr. Stec has a Ph.D. and M.A. in economics from the Ohio State University. He also has B.A. degrees in Economics from the University of Illinois – Chicago and in Psychology and Philosophy from Cornell University.
As a Vice President of Charles River Associates, Dr. Stec has worked with clients in the areas of antitrust, finance, …
Dr. Befurt specializes in applying his expertise in marketing research methodologies to both litigation and strategy case work, focusing on how to best isolate the impact of product or service characteristics on consumer behavior, including consumer choice. His recent engagements in litigation work include surveys on evaluating the perceived health benefit of consumer goods; assessing how much an electronic communication device’s features contribute to the purchase of such a device in a patent litigation; and various matters examining false advertising allegations and potential consumer confusion. Dr. Befurt has also worked on matters testing the salience and comprehension of disclaimers and disclosures. Dr. Befurt has supported leading marketing authorities in designing and implementing a number of survey approaches and has also served as an expert.
Dr. Befurt specializes in applying his expertise in marketing research methodologies to both litigation and strategy case work, focusing on …
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Method of Presentation:
Experience in trademark law
NASBA Field of Study:
Business Law - Technical
NY Category of CLE Credit:
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About Amin Talati & Upadhye, LLP
Amin Talati & Upadhye, LLP is a leading and established law firm located in Chicago, Illinois that focuses on the industries of food and beverages, nutritional supplements, cosmetics, and pharmaceuticals. Amin Talati & Upadhye provides full legal services for the lifecycle of products aimed at improving the population’s health and wellness.
The firm works with some of the most innovative products in this sphere, counseling on regulatory compliance, product development, product launch, patent and trademark, and litigation and enforcement matters in these rapidly evolving areas.
Amin Talati & Upadhye counsels on recalls, class actions and inspections, and works closely with the Litigation team on enforcement actions, product seizures, Lanham Act claims, and criminal actions.
About Charles River Associates
Founded in 1965, Charles River Associates is a leading consulting firm that provides economic, financial, and strategic analysis of IP issues. Headquartered in Boston, the firm has offices internationally. CRA uses a combination of industry experience and rigorous, fact-based analysis in order to provide clients with clear, implementable solutions to complex business problems. Whether you are making a critical IP strategy decision or assessing risk in high-stakes IP litigation, CRA’s intellectual property experts offer deep industry specialization, broad cross-functional expertise, and a proven analytical approach.
About Analysis Group, Inc.
Analysis Group is one of the largest private economics consulting firms, with more than 700 professionals across 11 offices in the United States, Canada, and China. Since 1981, we have provided expertise in economics, finance, health care analytics, and strategy to top law firms, Fortune 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 depth of expertise.