Trademark Law: Understanding and Implementing the Likelihood of Confusion Standard
The likelihood of trademark confusion has been an incessant issue to companies, trademark owners and counsel. Typically, when product “A” and product “B” have certain similarities, the consumer thinks that both product offers the same quality and conclude that they are from the same source. This is where the issue of confusion takes place and trademark infringement can occur.To easily resolve this most important issue, counsel must understand the five main types of trademark confusion and remain update-to-date to the issues revolving around trademark laws. In addition, it may also help you defend your clients, avoid potential pitfalls and alleviate costly errors.The Knowledge Group is assembling a panel of distinguished professionals and key thought leaders to analyze the types of trademark confusion providing attendees with best practices guide to help avoid the many pitfalls. Listen and participate as they address the following concerns in a two-hour LIVE Webcast:
- Applying the likelihood of confusion standard using the five main types of trademark confusion:
- Initial interest
- Affiliation confusion
- Recent court treatment
- Best practices in defending your clients in court
- Addressing some hypothetical situations involve in Trademark Law
- And many more!
Anne M. Sterba, Of Counsel,
Fish & Richardson P.C.
Paige Waldrop Mills, Member,
Bass Berry Sims PLC
Gail Podolsky, Attorney,
- Trademark 101 (Anne)
- What is a trademark
- Standard for trademark infringement
- Standard for Likelihood of confusion (Anne)
- Difference among the circuits
- Difference between federal court and TTAB
- Type of Likelihood of Confusion (Gail)
- Initial Interest
- Litigation Strategies (Gail)
- Best practices for establishing confusion
- Best practices for defeating confusion
- Hot Button Topics (Paige)
- Google AdWords
- First Amendment Issues
- Parody Defense
Who Should Attend:
- IP & Related Attorneys
- General Counsel
- Marketing Directors
- Brand Managers
- Marketing executives
- Advertising Professionals
- Marketing Professionals
- In-House Counsel
- Copyright Lawyers
- IP Attorneys & Consultants
- IP and Copyright Consultants
- Corporate Senior Management
Anne M. Sterba is Of Counsel in the Washington, DC, office of Fish & Richardson. Her practice includes advising clients on a wide variety of U.S. and international intellectual property matters, such as trademark prosecution and counseling, false advertising, unfair competition, copyright, licensing, and litigation. She is experienced in all aspects of trademark opposition and cancellation proceedings before the Trademark Trial and Appeal Board (TTAB) and federal district court litigation.Ms. Sterba also focuses on Internet and related trademark and copyright issues, including domain name protection and keyword advertising. She has represented a variety of clients from start-up companies to large multi-national corporations in the area of Internet/e-commerce, clothing, financial products/services, health care, computer technology and services, biotechnology, and the food and beverage industry. She received her JD from George Mason University School of Law.
Anne M. Sterba is Of Counsel in the Washington, DC, office of Fish & Richardson. Her practice includes advising clients …
Paige is a member at Bass, Berry & Sims and resides in the firm’s Nashville, Tennessee office. She is co-chair of Bass’ Intellectual Property Litigation Practice Group. Her practice is concentrated in litigation and intellectual property and centers around helping businesses identify and protect their intellectual property. She routinely consults with clients in the selection, registration, and protection of trademarks, providing business advice in the area of copyrights, drafting and negotiating license agreements for the exploitation of intellectual property, and litigating in all aspects of intellectual property law. She has represented a number of prominent companies in “bet the company” litigation and negotiations involving critical trademarks.She received her B.A. degree, cum laude, from the University of Tennessee in 1986 and graduated, cum laude, from the University of Tennessee College of Law in 1993. She is a member of the American and Tennessee Bar Associations, International Trademark Association (INTA), Cable and L.A.W. She has been listed in Best Lawyers® in America since 2008, and routinely writes on all aspects of intellectual property law at her blog, IP @ Tennessee [and Beyond], found at paigemillsblog.com. Follow her on twitter where she tweets on all things IP under the handle, @tniplawyer.
Paige is a member at Bass, Berry & Sims and resides in the firm’s Nashville, Tennessee office. She is co-chair …
Gail Podolsky focuses her practice on all aspects of intellectual property law, with particular expertise in trademark, copyright and patent infringement and anti-counterfeiting. She also has significant experience in entertainment and business litigation.Ms. Podolsky has extensive experience in state and federal court, before the United States Patent and Trademark Office, and through alternative dispute resolution procedures like mediation and UDRP proceedings. Ms. Podolsky also handles transactional intellectual property matters, which include drafting and negotiating various types of agreements, conducting intellectual property audits, and preparing, filing, and prosecuting trademark and copyright applications. She frequently counsels businesses and individuals in brand management, brand enforcement, domain name, promotional, and advertising issues, and protecting, procuring, and enhancing intellectual property as a commercial asset.Ms. Podolsky was selected by Georgia Super Lawyers as a Rising Star in 2009, 2010, and 2011. She is AV rated by Martindale-Hubbell.
Gail Podolsky focuses her practice on all aspects of intellectual property law, with particular expertise in trademark, copyright and patent …
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About Fish & Richardson P.C.
Fish & Richardson is a leading global law firm with more than 350 attorneys practicing intellectual property strategy and counseling, intellectual property litigation, and business litigation. Fish is often mentioned as a “firm of choice” for trademark matters by some of the largest corporations in the world. Trademark services are available in all offices, and Fish’s experience ranges from strategic trademark counseling, prosecution, and clearance work to complex litigation and alternative dispute resolution. Fish offers the resources of a global IP leader, the expertise of a boutique, and the personal service that comes with a local presence. www.fr.com
About Bass Berry Sims PLC
With more than 200 attorneys representing numerous publicly-traded and Fortune 500 companies, Bass, Berry & Sims has been involved in some of the largest and most significant business transactions and litigation matters in the Southeast and beyond. Our trademark practice includes: clearance searches and opinions; prosecution, maintenance and enforcement; due diligence; management of worldwide portfolios; content licensing; litigation of all types, and related issues in social media. For more information, visit www.bassberry.com.
About Carlton Fields
Carlton Fields, P.A. is dedicated to meeting the legal and business needs of its clients throughout the Southeast and beyond. Like our clients, which span Fortune 500 companies to start-ups operating in fields as diverse as technology and real estate, we prize and foster innovation and providing extraordinary value. Our more than 300 attorneys and government consultants — strategically positioned in Atlanta and six Florida communities — bring a wide range of perspectives, specialized training, and life experiences to their work, but share a keen focus on clients’ needs. In part, because of this commitment, we are regularly recognized as one of the top law firms in a wide array of legal practices.