TTAB Accelerated Case Resolution: Recent Trends in Trademark Cases

Evaluating and Leveraging ACR Procedures to Expedite Litigation

Recording of a 90-minute CLE webinar/teleconference with Q&A


Conducted on Wednesday, September 29, 2010
Recorded event now available


This CLE webinar will explain the advantages and disadvantages of using the TTAB's Accelerated Case Resolution (ACR) process to resolve trademark cases and will provide strategies for trademark owners and their counsel for participating in ACR.

Description

The USPTO’s Trademark Trial and Appeal Board’s (TTAB) Accelerated Case Resolution (ACR) gives trademark owners and their counsel a streamlined alternative for resolving cases. ACR is likened to the summary judgment process. The parties can expect a Board decision within 50 days of briefing.

The ACR process can save the litigating parties time, resources and costs. However, trademark owners and their counsel must carefully assess whether ACR is right for them.

When deciding whether to participate in ACR, trademark owners and their counsel should evaluate whether time is of the essence, the complexity of the case, and the volume of documents to be reviewed.

Listen as our authoritative panel of intellectual property attorneys discusses the ACR process and its benefits and disadvantages. The panel will examine the factors to weigh when determining whether to participate in the ACR process, review lessons learned from recent ACR cases, and offer best practices for participating in the ACR process.

Outline

  1. ACR process
    1. Advantages
    2. Disadvantages
    3. Timing
    4. Procedures
  2. Factors in weighing whether to use ACR
    1. Time — is it of the essence?
    2. Complexity of the case
    3. Volume of documents
    4. Number of experts expected
  3. Lessons learned from recent ACR cases
    1. Merelinda Farms LLC v. American Breeders Co-op
    2. Eveready Battery Co. Inc. v. Green Planet Inc.
    3. Direct Marketing Consultants LLC v. Wise-Buys Inc.
    4. GN ReSound A/S v. Lisound Hearing Aid (Fuzhou) Co.
    5. philosophy inc. v. Amansala USA LLC
    6. Anheuser-Busch Inc. v. BLhUE Inc.
  4. Best practices when using ACR

Benefits

The panel will review these and other key questions:

  • What are the advantages and disadvantages of the ACR process?
  • What considerations should parties evaluate when determining whether to participate in the ACR process?
  • What strategies should parties employ when utilizing the ACR process?

Faculty

David M. Kelly, Partner
Finnegan Henderson Farabow Garrett & Dunner, Washington, D.C.

He counsels on trademark, Internet, and unfair competition issues, with a focus on litigation, disputes, and strategic counseling. His litigation practice includes cases involving conventional trademarks, certification marks, domain names, trade names, trade dress, product configurations, gray-market products, and counterfeit products. He chairs the firm’s trademark and copyright practice.

Honorable Peter W. Cataldo, Final Confirmation Pending
Trademark Trial and Appeal Board, U.S. Patent and Trademark Office, Alexandria, Va.

He was appointed to TTAB in 2006. Prior to his appointment, he served as a trademark examining attorney and as a TTAB interlocutory attorney.

Stephanie H. Bald, Attorney
Finnegan Henderson Farabow Garrett & Dunner, Washington, D.C.

Her practice includes trademark, unfair competition, false advertising, and copyright litigation, domestic and international trademark prosecution and disputes, and client counseling. She manages the day-to-day activities in ex parte and inter partes proceedings before the Trademark Trial and Appeal Board of the U.S. Patent and Trademark Office, and in federal trademark and copyright litigations.

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, GA, MO, MT, TX, VT, WA.
Upon request, also available in: CO, CT*, FL, ID, KY, LA*, ME, NC, ND, NE, NH, NM, NV, OR*, SC, TN, UT, WI*, WY. If you are applying for credit in one of these states, make sure to select those states when placing your order.
(*Indicates that Strafford must report attendance.)

Online CLE Audio $297.00
Available 24 hours after the live event

How does this work?


Recorded Event

Includes full event recording plus handouts (available after live seminar).

CLE: Pre-approved for self-study credit in: AK, AZ, CA, CT, GA, HI, MO, MT, NY, TX, VT, WA, WV. Upon request, self-study credit is also available in: CO, FL, 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 (Slide Presentation with Audio) $297.00
Available three business days after the live event

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DVD (Slide Presentation with Audio) $297.00 plus $9.45 S&H
Available ten business days after the live event

MP3 Download (Audio with Slide PDFs) $297.00
Available 24 hours after the live event

How does this work?

CD (Audio with Slide PDFs) $297.00 plus $9.45 S&H
Available ten business days after the live event

Webinar/Teleconference

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Program Materials

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Program Materials

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Customer Reviews

High quality content, good speakers, and convenient to do over the web.

Ed Moomjian

Udall Law Firm

I was impressed with the examples and the practical applications of the concepts.

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Kaye Scholer

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Gina Fama

Standard Chartered Bank

Excellent topics, discussed very well.

McClure King

Dearborn National

Intellectual Property Law Advisory Board

Stephen R. Baird

Shareholder

Winthrop & Weinstine

Charles S. Baker

Partner

Fulbright & Jaworski

David S. Bloch

Partner

Winston & Strawn

Hung H. Bui

Partner

Antonelli Terry Stout & Kraus

Irah H. Donner

Partner

Stroock & Stroock & Lavan

Ian N. Feinberg

Partner

Mayer Brown

Anthony J. Fitzpatrick

Partner

Duane Morris

Craig P. Opperman

Partner

Reed Smith

David Segal

Partner

Gibson Dunn & Crutcher

Jeffrey R. Seul

Partner

Holland + Knight

Astrid R. Spain

Partner

McDermott Will & Emery

Mark P. Wine

Partner

Orrick

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