transcript   Transcript

Breakout Session - Trademark

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

Full Transcript:

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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


  • 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
Brian W. Brokate ~ Gibney, Anthony & Flaherty, LLP
Jonathan E. Moskin ~ Foley & Lardner LLP
Douglas A. Rettew ~ Finnegan Henderson Farabow Garrett LLP
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