transcript   Transcript

Breakout Session - Trademark

Recorded on: Oct. 4, 2017
Running Time: 01:29:52

Full Transcript:



If you are a Privileged Member, just log in and start reading now! If you are not a Privileged Member, please click here to learn how unlimited access to PLI programs may be right for you and your firm.

To access the streaming media of this presentation, please purchase the corresponding seminar segment.

Taken from the Web Program Intellectual Property Law Institute 2017 recorded October 2017 in New York.

Breakout Session - Trademark [01:29:52]

Landmines to Look For in Trademark Enforcement

  • Fraud
  • Violation of the anti-assignment rule
  • Lack of "use" in commerce
  • Prior history at the TTAB
  • Plus an examination of the aftermath of recent Supreme Court decisions - Hana, B&B
Speaker: Douglas “Chip” Rettew

 Latest Developments in the Protection of Trade Dress

  • Trade dress protection overview: requirements for protection and forms of trade dress
  • Understanding trade dress enforcement: elements of a trade dress infringement claim
  • Recognizing how design patents differ from trade dress:
    • What are the requirements for each?
    • How long will each one last?
    • What remedies does each one offer?
  • Review case law updates and developments, including:
    • In re Certain Footwear Products – Converse Inc. v. ITC
    • Samsung v. Apple
    • LVL XIII Brands, Inc. v. Louis Vuitton Malletier S.A.
  • Receive practice tips on how to obtain and maintain trade dress protection
Speaker: Brian W. Brokate

 Disparagement

  • The statutory limitations on registration of immoral and scandalous subject matter
  • The precedents on disparaging subject matter
  • Is there a difference between immoral or scandalous matter and matter that may disparage?
  • The scope of the First Amendment
  • A matter of perspective – is your disparagement of me the same as my appropriation of such terms?
  • Effects of these rulings on protecting and defending in fair use cases
Speaker: Jonathan E. Moskin

The purchase price of this segment includes the following article from the Course Handbook available online:

  • Recent Developments in Trademark Jurisprudence: Pitfalls and Lessons for Litigating Lanham Act Cases
    Douglas (Chip) Rettew, Bobby Ghajar
  • Trade Dress: Recent Developments in Case Law (July 14, 2017)
    Brian W. Brokate, Maja Szumarska
  • The KKK Took My Trademark Away: Culture Wars and Trademark Law Meet in the Supreme Court’s Decision on Disparaging Marks
    Jonathan E. Moskin
  • How the Lanham Act Provoked a Unanimous Ruling by SCOTUS on Free Speech: The Aftermath of the Slants and the Redskins Cases (June 28, 2017)
    Anne Hiaring Hocking

Presentation Material

  • Disparagement
    Jonathan E. Moskin
  • Landmines to Look For in Trademark Enforcement
    Douglas A. (Chip) Rettew
  • Latest Developments in the Protection of Trade Dress
    Brian W. Brokate
(s)
Brian W Brokate ~ Gibney, Anthony & Flaherty, LLP
Jonathan E Moskin ~ Foley & Lardner LLP
Douglas A Rettew ~ Finnegan Henderson Farabow Garrett LLP
Share
Email
Transcript FAQ's
  • How Can I Access Transcripts?
    You must be a Member in good standing.

  • Can I access the Video?
    Yes, you can access the video if you have the Adobe Flash plugin installed. Click on the video camera icon when you mouse over each paragraph. The media will begin playback at that point.

  • Can I get CLE credit for reading the transcript?
    No, CLE credit cannot be earned for reading a transcript. CLE credit is issued only for verified attendance while watching a web program. If seeking credit, please verify the program's eligibility for credit and expiration date in your jurisdiction on the web segment launch page before commencing the program.

  • FOLLOW PLI:
  • twitter
  • LinkedIn
  • GooglePlus
  • RSS

All Contents Copyright © 1996-2017 Practising Law Institute. Continuing Legal Education since 1933.

© 2017 PLI PRACTISING LAW INSTITUTE. All rights reserved. The PLI logo is a service mark of PLI.