Structuring Trademark Clearance Opinions

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

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


Conducted on Tuesday, March 12, 2019

Recorded event now available

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Program Materials

This CLE webinar 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 the decision on 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

Lim, Karen
Karen Lim

Partner
Fross Zelnick Lehrman & Zissu

Ms. Lim focuses on the selection, clearance, prosecution, maintenance, and enforcement of trademarks in the U.S. and...  |  Read More

Draeke H. Weseman
Draeke H. Weseman

Atty
Winthrop & Weinstine

Mr. Weseman creates consistent, successful outcomes for brands by reliably applying hard-earned knowledge of...  |  Read More

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