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Structuring Trademark Clearance Opinions

Assessing Search Results to Identify Infringements, Overcoming Clearance Challenges, Preparing Opinions to Reduce Legal Risks

Recording of a 90-minute premium CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Thursday, August 10, 2023

Recorded event now available

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This CLE course will guide trademark counsel on conducting, analyzing, and using trademark searches. The panel will discuss overcoming the challenges in the trademark clearance process and outline best practices for preparing clearance opinions.

Description

Before a business adopts a mark, counsel must understand all potential infringement risks. In-house and outside counsel rely on trademark clearance searches to identify those risks. Many courts recognize reliance on trademark searches and counsel's clearance opinions as a defense to infringement claims.

Counsel must carefully analyze the results of the clearance search and assess the risk posed by using the proposed mark. Millions of dollars may ride on the analysis and decide how to proceed based on the clearance opinion.

However, the assertion of the advice-of-counsel defense may put the privilege waiver at risk. Companies and counsel should consider whether to obtain a formal written clearance opinion. If yes, the circumstances will shape what to include in the opinion letter.

Listen as our authoritative panel of trademark attorneys examines the analysis and use of the clearance report, reviews the challenges in trademark clearance, outlines steps to overcome the obstacles, and offers best practices for clearance opinions.

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Outline

  1. Analysis and use of search reports
  2. Clearance challenges and steps to overcome them
  3. Best practices for preparing clearance opinions

Benefits

The panel will review these and other key issues:

  • What factors should counsel consider when analyzing a clearance report?
  • What strategies can counsel use to overcome the challenges posed by the trademark clearance process?
  • What should be included in a trademark opinion letter?
  • How can counsel protect client confidentiality when asserting an advice-of-counsel defense?

Faculty

Weseman, Draeke
Draeke H. Weseman
Of Counsel
Greenberg Traurig

Mr. Weseman helps brands by applying his knowledge of trademark law, enhanced by years of experience, to complex...  |  Read More

Kochian, Alexandra
Alex E. Kochian
Attorney
Fross Zelnick Lehrman and Zissu

Ms. Kochian advises clients on a range of intellectual property matters related to brand protection in the U.S. Her...  |  Read More

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Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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