In re Bose: Strategies for Trademark Prosecution Under the New Fraud Standard
Recording of a 90-minute CLE webinar/teleconference with Q&A
Conducted on Tuesday, October 20, 2009
Recorded event now available
This seminar will review the Federal Circuit's decision in In re Bose and how the court reached its conclusion. The panel will discuss the impact of the decision on trademark applications, applicants and owners and outline best practices for defending trademarks.
Description
The Federal Circuit Court of Appeals' landmark decision in In re Bose sets a new standard for fraud prosecution. The court overturned the Trademark Trial and Appeal Board’s (TTAB) Medinol decision, rejecting the TTAB’s “should have known” standard for fraud.
The Federal Circuit concluded that the TTAB had "erroneously lowered the fraud standard to a simple negligence standard."
Going forward, a party seeking to cancel a trademark registration on fraud grounds must prove intent to deceive the Patent and Trademark Office (PTO) by clear and convincing evidence. Trademark applicants and owners must ensure diligence in making accurate representations to the PTO.
Listen as our authoritative panel of intellectual property attorneys examines the Federal Circuit’s ruling and its implications for IP owners and counsel and offers strategies for operating under the new fraud standard.
Outline
- In re Bose
- Medinol v. Neuro Vasx
- TTAB decision
- Federal Circuit ruling
- Implications of Bose
- On applications and registrations invalidated during Medinol years
- Appropriate consequences for false, but not fraudulent, statement regarding continued use in commerce
- Certainty in fraud-based litigation
- Evidentiary issues
- Best practices
Benefits
The panel will review these and other key questions:
- What are the implications of the Bose decision for trademark applicants, owners and challengers?
- How can a challenging party prove fraud in a trademark application under the new standard?
- Can applications or registrations invalidated during the Medinol years now be restored under the new standard?
Faculty
Stephen R. Baird,
Shareholder
Winthrop & Weinstine, Minneapolis
He heads the Intellectual Property and Trademark and Brand Management Practice Groups, and his practice emphasizes trademark law, related unfair competition law and copyright law. He counsels clients on trademark usage and clearance, branding strategies, portfolio management, litigation and enforcement, Internet domain name disputes, licensing and prosecution.
Jonathan Hudis,
Partner
Oblon Spivak McClelland Maier & Neustadt, Alexandria, Va.
He counsels clients in trademark, copyright, unfair competition and trade secrets matters and is well versed in trademark prosecution and registered copyright protection matters. He is an adjunct professor of trademark and unfair competition law at the George Mason University School of Law.
James H. Johnson, Jr.,
Counsel
Sutherland Asbill & Brennan, Atlanta
He focuses on trademarks and service marks, unfair competition and domain name disputes. His experience includes prosecuting trademark applications; negotiating and drafting settlement agreements; handling infringements and oppositions; and handling clearance opinion memos and strategies. Before joining the firm, he gained experience with The Coca-Cola Company, the Kellogg Company and at the PTO.
Ordering
Online CLE - Audio Recording
Includes audio streaming of full program plus handouts (available 24 hours after live seminar).
CLE:
Pre-approved for participatory or non-traditional/alternate format credit in: CA, HI*, NY*, WV*.
Pre-approved for self-study credit in: AK, AZ, MO, MT, TX, VT, WA.
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(*Indicates that Strafford must report attendance.)
Online CLE Audio $149.00
Available 24 hours after the live event
Recorded Event
Includes full event recording plus handouts (available after live seminar).
CLE: Pre-approved for self-study credit in: AK, AZ, CA, CT, HI, MO, MT, NY, TX, VT, WA, WV. Upon request, self-study credit is also available in: CO, FL, GA, ID, KY, ME, ND, NE, NH, NM, NV, OR, UT, WI, WY. If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or CLE@straffordpub.com.
Webinar Download (Audio + Slide Presentation) $49.00
Available three business days after the live event
Webinar on DVD (Audio + Slide Presentation) $49.00
plus $9.45 S&H
Available ten business days after the live event
MP3 Download (Audio Only) $49.00
Available 24 hours after the live event
Teleconference on CD (Audio Only) $49.00
plus $9.45 S&H
Available ten business days after the live event
Webinar/Teleconference
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CLE Credit
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Customer Reviews
A focused presentation offering practical information in a concise format.
Una Kang
Saiber
This was an excellent teleconference; one of the best I have listened to. The speakers were all very knowledgeable on the subject, but importantly, they were able to present in a very direct, easy to listen to and understand style.
Jose E Guzman, Jr.
Nossaman
The information was relevant and well presented. The questions were good, and the speakers responded with clear knowledge.
Sheila Fox Morrison
Davis Wright Tremaine
Excellent topics, discussed very well.
McClure King
Dearborn National
This was my first experience with an interactive CLE. It was good not to have to leave my office for the program.
Patricia Hays
Vestcom International
Intellectual Property Law Advisory Board
Shareholder
Winthrop & Weinstine
Partner
Fulbright & Jaworski
Partner
Winston & Strawn
Partner
Antonelli Terry Stout & Kraus
Partner
Stroock & Stroock & Lavan
Partner
Mayer Brown
Partner
Duane Morris
Partner
Reed Smith
Partner
Gibson Dunn & Crutcher
Partner
Holland + Knight
Partner
McDermott Will & Emery
Partner
Orrick
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