Trademark Litigation in Light of B&B Hardware, Inc. v. Hargis Industries, Inc.
Overview:
The Supreme Court’s opinion in B&B Hardware, Inc. v. Hargis Industries, Inc. (to be argued December 2, 2014), may well revolutionize trademark infringement litigation. The petitioner, which won a previous trademark opposition against the respondent before the Trademark Trial and Appeal Board (“TTAB”), argues that the TTAB’s decision on the issue of likelihood of confusion is entitled to issue preclusion effect and that, consequently, the only issues to be decided in its subsequent trademark infringement action against the respondent are (1) whether the respondent ever used the mark shown in its application on the goods recited in its application and (2), if so, the wording of the injunction and the amount of damages to which it is entitled.
In a two-hour live webcast, the speakers will discuss:
- The procedural history of the case
- The circuit split leading to the grant of certiorari
- The arguments of the parties and the amici
- The implications for trademark practitioners if the Supreme Court accepts the petitioner’s arguments
- The possible impact of the Supreme Court’s opinion on the settled law concerning the corresponding situation in patent cases
Agenda:
Alan S. Cooper, Of Counsel
Wiley Rein LLP
- The procedural history of the case
Ira S. Sacks, Partner
Akerman LLP
- The circuit split leading to the grant of certiorari
- The arguments of the parties and the amici
Jonathan Hudis, Partner
Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.
- The implications for trademark practitioners if the Supreme Court accepts the petitioner’s arguments
Chico Gholz, Partner
Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.
- The possible impact of the Supreme Court’s opinion on the settled law concerning the corresponding situation in patent cases
Who Should Attend:
- Attorneys
- Private Counsel
- In-House Counsel
- General Counsel
- IP Attorneys and Consultants
- Senior Management
- Trademark Lawyers
- And Other Interested Professionals
Ira Sacks practices in the area of litigation, including a broad range of trademark and branding matters, as well as …
Alan Cooper has practiced many years exclusively in the area of trademark enforcement with particular emphasis on trademark infringement and …
Charles (Chico) L. Gholz is a partner in the Litigation practice group. He is particularly skilled at handling patent interferences …
Jonathan Hudis, a partner in the firm’s Trademark and Copyright practice group, counsels clients in trademark, copyright, trade secrets and …
Course Level:
Intermediate
Advance Preparation:
Print and review course materials
Method of Presentation:
On-demand Webcast (CLE)
Prerequisite:
NONE
Course Code:
144875
NASBA Field of Study:
Specialized Knowledge and Applications
NY Category of CLE Credit:
Skills
Total Credits:
2.0 CLE
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SPEAKERS' FIRMS:
About Akerman LLP
Akerman LLP is a leading transactions and trial law firm. Akerman is known for its core strengths in litigation, intellectual property, middle-market M&A within the financial services and real estate industries, and for a diverse Latin America practice. Akerman has more than 600 lawyers and government affairs professionals and a network of 20 offices.
Website: https://www.akerman.com/
About Wiley Rein LLP
Wiley Rein LLP is a D.C.-based firm home to more than 275 attorneys practicing in almost two dozen areas of law, including specialties in Trademark, Intellectual Property, and Litigation. We offer clients a unique integration of legal, regulatory and public policy expertise with an in-depth understanding of the business and technical underpinnings of the industries we serve. Our interdisciplinary approach leverages the full breadth of our talent and knowledge and provides counsel derived from aggressive advocacy and extensive subject matter knowledge. Legal Times has noted that the firm “represents as perfect a merging of public policy and corporate America as exists in Washington.
Website: https://www.wileyrein.com/
About Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.
Assisting clients for over 40 years, Oblon Spivak is one of the largest law firms in the United States focusing exclusively on intellectual property law. Emerging and established companies across the world depend on Oblon, Spivak to help them establish, leverage and protect their intellectual property assets. The firm is headquartered within steps of the United States Patent and Trademark Office (USPTO), with an additional office in Tokyo, Japan.
Website: https://www.oblon.com/