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


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.

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

Stephen R. Baird, Shareholder
Winthrop & Weinstine, Minneapolis

Mr. Baird heads the Intellectual Property and Trademark and Brand Management Practice Groups, and his practice emphasizes trademark law, related unfair competition law and copyright law. He counsels clients on trademark usage and clearance, branding strategies, portfolio management, litigation and enforcement, Internet domain name disputes, licensing and prosecution.

Stephen Feingold, Partner
Kilpatrick Townsend & Stockton, New York

Mr. Feingold's practice focuses on trademark, copyright, advertising and Internet matters. He has handled complex trademark litigation matters and sophisticated transactional projects. He advises clients with large global portfolios on how to effectively and efficiently manage and utilize these assets to further their business objectives privacy issues and other Internet-specific problems.

Professor Leah Chan Grinvald, Professor of Law
Suffolk University Law School, Boston

Prior to joining the faculty at Suffolk Law, Prof. Grinvald served as assistant professor of law at Saint Louis University School of Law. She teaches courses in Contracts, Secured Transactions, and Intellectual Property. Her research focuses on domestic and international enforcement of IP laws. Prior to entering academia, she served as global corporate counsel at Taylor Made Golf Company, Inc., where she advised on a variety of legal issues including trademark, copyright, contract and employment law.


Recordings

CLE On-Demand - Streaming Video

Includes recorded streaming video of full program plus PDF handouts.

On-demand is the only recorded format recognized for CLE credits in DE, IN, KS, LA, MS, NC, OH, OK, SC, TN, VA, WI.

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*Only available for attorneys admitted for more than two years. For OH CLE credits, only programs recorded within the current calendar year are eligible - contact the CLE department for verification.

**NH attendees must self-determine if a program is eligible for credit and self-report their attendance.

CLE On-Demand Video $297.00

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Recorded Event

Includes full event recording plus handouts.

Strafford is an approved provider and self-study CLE credit is available in most states.

AK, AZ, CA, CO, CT, FL, GA, HI, IA, ID, IL, KY, ME, MN, MO, MT, ND, NJ, NM, NY, OR, PA, TN, TX, UT, VT, WA, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

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Recorded Webinar Download $297.00

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Recorded Audio Download (MP3) $297.00

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Webinar

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Program Materials

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Program Materials

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CLE Credits

Many states grant CLE credits for on-demand streaming audio programs and recorded events. Our programs are pre-approved in many states. Refer to our state CLE map for state-specific information.

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Customer Reviews

I appreciated that the program provided clarification on approaches to handling a trademark 'bully'.

Randall Hull

The Br@nd Ranch

I felt the presenters were very knowledgeable and I liked that they discussed real situations. This was definitely one of the more worthwhile presentations.

Kathleen Mellon

YoungBasile

The seminar wasn't presented like a law school class full of hypotheticals and ideal responses. The presenters discussed actual scenarios that we may face and the most practical way to address them.

Anna Miller

Holland & Hart

The webinar contained lots of information on the subject matter and was very informative.

Gregory Ourada

HILL, KERTSCHER & WHARTON

The speakers seemed knowledgeable enough to talk about the subject matter in an easily digestible manner.

Daniel M. Cleary

Gotham Insurance/New York Marine & General Insurance

or call 1-800-926-7926

Intellectual Property Law Advisory Board

Stephen R. Baird

Shareholder

Winthrop & Weinstine

Charles S. Baker

Partner

Locke Lord

David S. Bloch

Partner

Winston & Strawn

Ian N. Feinberg

Partner

Feinberg Day Alberti & Thompson

Bassam N. Ibrahim

Shareholder

Buchanan Ingersoll & Rooney

Mark P. Wine

Partner

Orrick

or call 1-800-926-7926

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