Trademark Law for Attorneys: A 2012 Perspective
Overview:
Significant cases continue to trigger changes in trademark & patent law. Attorneys need to be in the know with all facets of the law including the fundamentals as well as details emerging from the latest case law. Technology and new media are playing an increasingly more significant role. The collective trademark law knowledgebase is said to double every six months. Attorneys must continuously update themselves these days just to keep up.
Trademark Law for Attorneys: A 2012 Perspective Live Webcast is a must attend event for attorneys who need to be 100% up-to-date to help their companies and clients navigate the potentially tricky waters of Trademark Law. Our panel of key thought leaders and experts will conduct a thorough discussion of the most critical issues which will be followed by a Q&A session in which the audience will be invited to ask the speakers questions live. Among the key issues to be discussed will be:
- Overview of latest significant cases
- TTAB and UDRP decisions—What you need to know
- New Trademark Trial and Appeal Board Manual of Procedure
- The Lanham Act
- Glance of the foreign trademark laws and law on gray market imports
- Trademark concerns regarding proposed gTLDs
- Legal actions and best practices in trademark violation
Agenda:
SEGMENT 1:
Paul C. Van Slyke, Partner ,
Locke Lord LLP
- Dealing with Restrictions on Advertising and Trademark Use in Regulated Industries
- Regulatory Environment
- Restrictions Affecting Advertising, Packaging and Labelling
- Sources of Law and Regulations
- Regulated Industries
- Food Drugs and Cosmetics
- Dietary Supplements
- Medical Devices
- Tobacco and Alcoholic beverages
- Pesticides
- Household textile products
- Jewelry
- Banks and Savings Banks
- Consumer Lenders
- Insurance
- Investment Advisors
- Mortgage Bankers
- Financial Institutions
- Electricity providers
- Healthcare providers
- Regulatory Oversight
- Advertising- Industry Self-Regulation NAD
- FDA and Trademarks
- FTC and Trademarks
- Green Advertising and Trademarks
- Different Agencies/ Different Standards
- Social Media and Trademarks: Legal and Business Advice
- Hypothetical Fact Pattern for launch of new beverage on Facebook – consumers to create trademark and bottle deisgn
- Trademark Clearance
- Bottle design in public
- Mitigating IP Infringement Risks
- Lottery and Promotion laws compliance
- Compliance with Facebook Rules
- Legal Check for Social Media Launch
- FTC Regulatory Climate
- FTC Endorsement Guides
- Pinterest Case and Testimonial Disclosures Required
- FTC Guides For Bloggers and Sponsored Advertising
- Disclosure of Material Connections
- FTC Enforcement Cases
- Best Practices for Monitoring Social Media
- Cell Phone Mobile Apps and the FTC
SEGMENT 2:
Thomas M. Williams, Partner,
Winston & Strawn LLP
- I. TRADEMARK TRIAL AND APPEAL BOARD PRACTICE UPDATES
- Revised pleading requirements
- Mandatory initial and pretrial disclosures
- Discovery
- Introduction of evidence
- Trial
- II. TRADE DRESS PROTECTION: RECENT DECISIONS
- Functionality
- Utilitarian functionality
- Aesthetic functionality
- Distinctiveness
- Inherent distinctiveness
- Acquired distinctiveness
- Functionality
SEGMENT 3:
Robert B. Burlingame, Counsel,
Pillsbury Winthrop Shaw Pittman LLP
- The Proposed New gTLDs
- ICANN's announcement of the proposed gTLDs
- The evaluation and selection processes
- Concerns for trademark owners
- What can you do?
- International Registrations
- What options are available to get more bang for your buck?
- Expansion of the Madrid Protocol
- Key benefits
- Who is benefitting?
- More Proof of Use Required to Maintain U.S. Registrations?
- USPTO's plan to require additional proof of use
- Why is the USPTO doing this?
- What will be required?
- Who will be affected?
Who Should Attend:
- Attorneys
– Legal Officers
– Marketing Directors
– Brand Managers
– Marketing Executives
– Advertising Professionals
– Marketing Professionals
– In-House Counsel
– Copyright Lawyers
– IP Lawyers
– IP and Copyright Consultants
– Corporate Senior Management
Paul is a Partner in the international commercial law firm of Locke Lord and global head of its trademark, copyright …
Thomas Williams is partner in Winston & Strawn’s Chicago office. He concentrates his practice in trademark and unfair competition litigation, …
Mr. Burlingame’s practice spans all facets of worldwide trademark protection and practice, as well as Internet, copyright and complex transactional …
Course Level:
Intermediate
Advance Preparation:
Print and review course materials
Method of Presentation:
On-demand Webcast (CLE)
Prerequisite:
NONE
Course Code:
124319
Total Credits:
2.0 CLE
Login Instructions:
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SPEAKERS' FIRMS:
About Locke Lord
Locke Lord is a major international commercial law firm with 10 U.S. offices and offices in London and Hong Kong. Lock Lord’s International Trademark team assists clients in industry and government in selecting, clearing, resolving disputes and protecting brands and advertising and in transactions involving brands, websites, social media and advertising. We have a team of experienced trademark and advertising lawyers and paralegals that follow the clients’ goals and visions to provide creative and effective brand management legal solutions for clients in markets throughout the world. This team also acts to stop dilution of brand equity and stop brand deception on the Internet and in traditional marketing We have a global network of trusted correspondent law firms that provide quick and creative solutions. When litigation becomes necessary, we have the right mix of talent and experience to form a litigation team to fit the clients’ budget and goals.
Website: https://www.lockelord.com/
About Winston & Strawn LLP
Winston & Strawn LLP is an international law firm with nearly 1,000 attorneys among 15 offices in North America, Europe, and Asia. Its 200-lawyer intellectual property group routinely ranks among the most active in the United States according to IP Law & Business, and The American Lawyer recognized the firm in 2010 as one of the United State’s top four intellectual property practices. The firm also was recently ranked as one of the world’s leading trademark attorney firms and practitioners in the World Trademark Review 1000 rankings and U.S. News & World Report ranked Winston as National Tier 1 for Trademark Law. Our lawyers have achieved this level of industry recognition because of our repeated success representing our clients in landmark intellectual property cases. For more information on our intellectual property practice, visit www.winston.com.
Website: https://www.winston.com/
About Pillsbury Winthrop Shaw Pittman LLP
Winston & Strawn LLP is an international law firm with nearly 1,000 attorneys among 15 offices in North America, Europe, and Asia. Its 200-lawyer intellectual property group routinely ranks among the most active in the United States according to IP Law & Business, and The American Lawyer recognized the firm in 2010 as one of the United State’s top four intellectual property practices. The firm also was recently ranked as one of the world’s leading trademark attorney firms and practitioners in the World Trademark Review 1000 rankings and U.S. News & World Report ranked Winston as National Tier 1 for Trademark Law. Our lawyers have achieved this level of industry recognition because of our repeated success representing our clients in landmark intellectual property cases. For more information on our intellectual property practice, visit www.winston.com.
Website: https://www.pillsburylaw.com/