Trademark Law: Understanding and Implementing the Likelihood of Confusion Standard
Overview:
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:
- Forward
- Reverse
- Initial interest
- Post-sale
- Affiliation confusion
- Recent court treatment
- Best practices in defending your clients in court
- Addressing some hypothetical situations involve in Trademark Law
- And many more!
Agenda:
Anne M. Sterba, Of Counsel,
Fish & Richardson P.C.
Paige Waldrop Mills, Member,
Bass Berry Sims PLC
Gail Podolsky, Attorney,
Carlton Fields
- 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)
- Forward
- Reverse
- Initial Interest
- Post-Sale
- 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 …
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 …
Course Level:
Intermediate
Advance Preparation:
Print and review course materials
Method of Presentation:
On-demand Webcast (CLE)
Prerequisite:
NONE
Course Code:
124335
Total Credits:
2.0 CLE
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SPEAKERS' FIRMS:
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
Website: https://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.
Website: https://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.
Website: https://www.carltonfields.com/