Trademark Bullying: Cease and Desist and Litigation Tactics in the Battle for Brand Protection

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


Conducted on Tuesday, March 14, 2017

Recorded event now available

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Program Materials

This CLE webinar will provide guidance for counsel to trademark owners to understand trademark bullying in the context of brand protection. The panel will outline approaches to fight trademark bullies or to respond to being accused of being a trademark bully.

Description

Increasingly, trademark challenges include bullying claims. Social media facilitates public disputes by targets of trademark enforcement efforts as to whether the trademark claims are justified. The backlash potential is significant if trademark owners are not engaged in legitimate brand protection.

The Bernie Sanders campaign and the U.S. Olympic Committee faced accusations of trademark bullying. Are existing tools adequate to defend against trademark bullying? Is new legislation needed to address the problem?

Maintaining brand reputation is a top concern for brand owners. As a result, counsel must carefully craft communication and cease and desist letters to minimize the risk that the brand owner will be deemed a bully for enforcing its trademarks.

Listen as our authoritative panel of trademark practitioners examines trademark bullying and the current legal landscape. The panel will offer strategies for dealing with trademark bullies and protecting your brand without being a bully.

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Outline

  1. Current landscape
    1. Public relations and social media influence
    2. USPTO
    3. Court treatment
    4. Legislation
  2. Strategies for combating trademark bullying
  3. Best practices for legitimate trademark enforcement programs

Benefits

The panel will review these and other key issues:

  • How are the courts treating trademark bullies?
  • What steps can a trademark owner take and what are the existing tools for counsel when a trademark owner believes it is the target of a trademark bully?
  • What are best practices for developing and maintaining legitimate trademark enforcement?

Faculty

Baird, Stephen
Stephen R. Baird

Shareholder
Winthrop & Weinstine

Mr. Baird heads the Intellectual Property and Trademark and Brand Management Practice Groups, and his practice...  |  Read More

Stephen Feingold
Stephen Feingold

Partner
Kilpatrick Townsend & Stockton

Mr. Feingold's practice focuses on trademark, copyright, advertising and Internet matters. He has handled complex...  |  Read More

Professor Leah Chan Grinvald
Professor Leah Chan Grinvald

Professor of Law
Suffolk University Law School

Prior to joining the faculty at Suffolk Law, Prof. Grinvald served as assistant professor of law at Saint Louis...  |  Read More

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