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Trademark Confusion: Proving or Defending Against Infringement

Addressing Forward, Reverse, Initial Interest, Post-Sale, and Affiliation Confusion Challenges

A live 90-minute premium CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Tuesday, April 23, 2024

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, March 29, 2024

or call 1-800-926-7926

This CLE course will prepare trademark counsel to understand the different types of trademark confusion and meet the challenges of each. The panel will discuss applications of the likelihood-of-confusion standard and will review recent developments in trademark confusion.

Description

Virtually all trademark owners and their counsel wrestle with the complex issue of likelihood of confusion. Understanding the different types of likely confusion is counsel's first step to avoid the pitfalls in pursuing or defending against trademark infringement claims.

Forward, reverse, initial interest, post-sale, and affiliation confusion are the five main types that counsel must understand and identify.

Intelligence from experienced trademark counsel can prepare practitioners to monitor their marks and identify and prove trademark infringement.

Listen as our authoritative panel of trademark attorneys examines the many types of trademark confusion, the challenges of each type, and the recent court treatment of the different types. The panel will offer best practices for applying the likelihood-of-confusion standard. Finally, the panel will also discuss how to defend against claims of trademark infringement.

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Outline

  1. Types of trademark confusion
    1. Forward
    2. Reverse
    3. Initial interest
    4. Post-sale
    5. Affiliation
  2. Recent court treatment
  3. Best practices for applying the likelihood of confusion standard
  4. Defenses against claims of trademark infringement
    1. Fair use
    2. Prior use
    3. Use of mark in violation of antitrust laws
    4. Mark is functional
    5. Equitable defenses

Benefits

The panel will review these and other key issues:

  • How are courts treating initial interest confusion and post-sale confusion?
  • What are the pitfalls of pursuing and defending against reverse trademark infringement claims?
  • What kinds of evidence are persuasive to prove likely confusion?
  • What types of evidence are required to defend against trademark infringement claims?

Faculty

Davis, Theodore
Theodore H. Davis, Jr.

Partner
Kilpatrick Townsend & Stockton

Mr. Davis's practice focuses on domestic and international litigation and client counseling in the fields of...  |  Read More

Litowitz, Robert
Robert D. Litowitz

Partner
Kelly IP

Mr. Litowitz has over 30 years of experience in litigating patents, trademarks, and other intellectual property...  |  Read More

Perry, Louis
Louis T. Perry

Partner
Faegre Drinker Biddle & Reath

Mr. Perry represents clients in intellectual property litigation. A member of the firm’s trademark, copyright,...  |  Read More

Attend on April 23

Early Discount (through 03/29/24)

Cannot Attend April 23?

Early Discount (through 03/29/24)

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video

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