1-Hour Program

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Trademark searches and advice of counsel are among the most basic and critical steps in brand clearance, for businesses of all sizes. Searches often require judgment calls on highly subjective questions that may lead to trademark conflicts and litigation. It is vital for everyone engaged in any stage of brand development and clearance to understand the involved practicalities, legal principles, and costs. 

This Briefing will address best practices on trademark searches and advice of counsel. Important topics include general advice for clients on trademark selection; the scope of word searches and design searches (“screen” or “knock-out” and “full” searches, including what they typically do not cover); the legal principles that apply to search evaluations; and preparing search opinions. Related topics include discussion of applicable risk management principles; the problem of “weak marks” and the relevance of similar marks in a “crowded field;” and the wording of legal opinions and advices, together with cautions and qualifications. Practical examples will be drawn from case law.

Join Richard L. Kirkpatrick and Sam E. Iverson of Pillsbury Winthrop Shaw Pittman LLP, and in just one hour registrants will:

  • learn about the costs and practicalities of trademark searches (10 minutes)
  • learn about the legal principles that govern trademark search opinions (10 minutes)
  • learn practical strategies, pro and con, to deal with trademark searches and opinions in litigation (10 minutes)
  • see illustrated examples of litigated cases in which searches played an important role (30 minutes)

Corporate and outside counsel and practice assistants who deal with trademarks along with businesspeople involved in brand management and promotion should attend this presentation.  Participants to this One-Hour Briefing are entitled to a 35% discount off PLI’s Likelihood of Confusion in Trademark Law, authored by the speaker, Richard L. Kirkpatrick. Simply enter discount code OHB0 LCT35 ­­into both priority code boxes in your cart prior to checkout.



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