Broadcast Date: Tuesday, September 28, 2021
from 3:00 pm to 4:30 pm (ET)
Overview:
Over the years, significant waves of developments in trademark law have shaped the way businesses in the U.S. and Canada select, register, and enforce their brands. The reshaping of the legal landscape continues this 2021 as a wider range of changes are expected to emerge from the rapid growth of digital technology. Brand owners and trademark attorneys need to be fully aware of the recent trends and developments that will potentially dominate the rest of the year.
In this LIVE CLE program, a panel of thought leaders and professionals brought together by The Knowledge Group will guide you through the recent developments in Canadian and U.S. trademark laws as well as notable court rulings. Further, speakers will offer up effective strategies in enforcing your or your client’s trademark rights in the midst of changing legal climate.
Key topics include:
- U.S. and Canadian Trademark Laws
- Recent Enforcement Trends
- Notable Court Rulings
- Considerations in Managing a Trademark Portfolio
- Potential Issues and Challenges
- Handling Infringement Issues
- Effective Trademark Enforcement Strategies
Credit:
Course Level:
Intermediate
Advance Preparation:
Print and review course materials
Method of Presentation:
On-demand Webcast (CLE)
Prerequisite:
General knowledge of trademark
Course Code:
148421
NY Category of CLE Credit:
Areas of Professional Practice
Total Credits:
1.5 CLE
How to Claim CLE Credits Per State:
https://knowledgewebcasts.com/how-to-claim-cle-credits-per-state/
CLE State Requirements:
https://knowledgewebcasts.com/cle-state-requirements/
CPE State Requirements:
Speaker Panel:
Colette Ghazarian, Attorney
Cooley LLP
Colette focuses her practice on trademark and copyright litigation and trademark prosecution, clearance and enforcement. She has experience working on federal trademark and copyright litigation matters, as well as trademark disputes at the United States Patent and Trademark Office. Colette is also well versed on issues involving the Digital Millennium Copyright Act, the right of publicity and Section 230 of the Communications Decency Act. She has helped clients in the retail, technology, restaurant, gaming, entertainment and fashion industries obtain favorable outcomes in protecting their intellectual property rights in the US and worldwide. In the litigation context, Colette has worked closely with her team to aggressively and favorably position clients for summary judgment, trial or settlement.
Lorraine Prowse, Patent & Trademark Agent
Prowse Chowne LLP
Lorraine Prowse is a Registered Canadian Patent and Trademark Agent working at the law firm of Prowse Chowne LLP. She has been working in the field of patents and trademarks since 2010. Her practice focuses on the drafting and prosecution of patents and trademarks in Canada. She guides her clients through these processes and helps them to identify strategies to protect their intellectual property and manage their IP assets. In addition to tools and methods utilized in the oil and gas industry, Lorraine drafts and prosecutes patents for a wide array of machines, methods and other types of invention.
Steven H. Weigler, Founder
EmergeCounsel
Steven Weigler specializes in the protection of brand, IP, and other business assets. His entrepreneurial perspective building a startup balanced by his role as senior counsel for a Fortune 50 technology company has allowed him to develop the skills required to be empathetic legal counsel. Steven started EmergeCounsel in 2015 with the mission to provide early to mid-stage businesses sophisticated counsel at a lower price point than large law firms. TotalTM® is its proprietary flat fee trademark prosecution system.
Agenda:
SEGMENT 1:
Colette Ghazarian, Attorney
Cooley LLP
- Considerations when building a trademark portfolio
- Importance of clearance
- Prioritizing trademark filings
- Prioritizing foreign filings
- Considerations for investors/potential acquirers:
- Portfolio red flags and how to avoid them
- What they want to see regarding disputes (why it's good practice to document everything and “close out” disputes)
- Enforcement considerations
- Risks of being too aggressive
- Enforcement on online platforms
SEGMENT 2:
Lorraine Prowse, Patent & Trademark Agent
Prowse Chowne LLP
- Inherent Distinctiveness and the challenges of overcoming these objections
- Expedited Examination and how to get it
- Use of internet Evidence to assist with infringement issues
- Depreciation of Good Will in “parody marks” (Toys ‘R’ US vs. Herbs ‘R’ Us)
SEGMENT 3:
Steven H. Weigler, Founder
EmergeCounsel
- The Complexity of Brand Protection
- All Trademarks Subject to Objection and Cancellation
- Trademark Monitorization Act allows for Earlier Cancellations for Non-Use
- USPTO’s Focus on Integrity of the US Trademark Registry
- Tips for Practice in the 21st Century
- Post-Registration Software
- Limiting Channels of Commerce
- Know Your Issues Early-Importance of the Search
- New trends in Counterfeiting- Need to Collaborate with Canadian Counsel
- Common issues related to China-Goods traveling from China to Canada to US and Vice Versa
Date & Time:
Tuesday, September 28, 2021
3:00 pm to 4:30 pm (ET)
Who Should Attend:
- Trademark Lawyers
- IP Lawyers & Consultants
- Brand Owners
- Brand Managers
- In-house Counsel
- Corporate Counsel
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