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 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.
Outline
- Analysis and use of search reports
- Clearance challenges and steps to overcome them
- 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
Tucker A. Chambers
Chief Trademark, Copyright & Marketing Counsel
Ecolab
Mr. Chambers is the Chief Trademark, Copyright and Marketing Counsel at Ecolab, where he manages a global... | Read More
Mr. Chambers is the Chief Trademark, Copyright and Marketing Counsel at Ecolab, where he manages a global trademark portfolio with over 14,000 filings in 170 countries. Before Ecolab, he was the senior trademark and advertising counsel at Impossible Foods in California. Prior to going in-house, Mr. Chambers practiced IP law at Greenberg Traurig and several other firms in Minnesota.
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Patrick J. Gallagher
Partner
Barnes & Thornburg
Mr. Gallagher has deep experience in trademark clearance, investigation, prosecution, as well as client counseling and... | Read More
Mr. Gallagher has deep experience in trademark clearance, investigation, prosecution, as well as client counseling and management of domestic and international trademark portfolios. He also has significant experience assisting clients with trademark enforcement, opposition and cancellation proceedings; brand protection programs; trademark, unfair competition and false advertising disputes and litigation; internet domain name disputes and proceedings (UDRPs); and trademark licensing. He provides tailored advice for handling IP issues involving social media; IP due diligence and IP licensing; copyright counseling, registration, protection and litigation; Digital Millennium Copyright Act (DMCA) notice and take down procedures; and domain name acquisition.
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Draeke H. Weseman
Of Counsel
Greenberg Traurig
Mr. Weseman counsels clients on the strategic development, maintenance, and enforcement of trademark rights and related... | Read More
Mr. Weseman counsels clients on the strategic development, maintenance, and enforcement of trademark rights and related matters. A go-to attorney for company executives and in-house legal counsel, he advises on creative brand protection, brand acquisitions, trademark clearance, enforcement, litigation, licensing, and global trademark prosecution. Mr. Weseman has handled thousands of trademark matters worldwide for Fortune 500 and other publicly traded and privately held companies, global media franchises, Silicon Valley venture-backed startups, international luxury fashion houses, celebrities, and the U.S. National Governing Body for an Olympic sport. Clients in a wide range of industries trust Mr. Weseman to identify, prosecute, maintain, and protect their most valuable brand assets. His practice spans consumer goods, food and beverage products, restaurant and hospitality services, entertainment, financial services, medical devices, pharmaceuticals, and blockchain and digital assets. Mr. Weseman is a skilled writer and regularly speaks to national audiences. His contributions to U.S. trademark law include establishing precedent before the TTAB of the USPTO.
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