|
Schedule and Faculty
Schedule times listed below are for the live
seminar. Times for replays may differ due to varied start times and abbreviated lunch and break periods.
Please refer to the
DATES/LOCATION
tab for individual replay start times.
8:30 – 9:00 a.m.
REGISTRATION & CONTINENTAL BREAKFAST
9:00 – 9:45 a.m.
At the Beginning, and in the End, It’s
All about Likelihood of Confusion
Likelihood of confusion is a critical
issue repeatedly faced by every brand owner and their trademark
counsel throughout the life cycle of a trademark. Explore and learn
about many of the missed nuances when attempting to apply the
elusive likelihood of confusion legal standard. Test your knowledge
on the subject by using the audience participation voting
technology.
– Stephen R. Baird
9:45 – 10:30 a.m.
Likelihood of Confusion from the
Client’s Perspective
Assessing a client’s risk tolerance and
managing their expectations is critical when providing opinions and
advice about likelihood of confusion issues. This is true whether
the issue is encountered at the very early stage of name development
and selection, when enforcing trademark rights, or when responding
to trademark demands from third parties. Learn valuable insights and
practical tips from an experienced in-house trademark counsel and
from a nationally-known name developer and branding consultant.
– Nancy Friedman & Paul W. Mussell
– Stephen R. Baird, moderator
10:30 – 10:45 a.m.
BREAK
10:45 – 11:30 a.m.
A Focus on Actual Confusion: The Best
Evidence of Likely Confusion?
We know that actual confusion is only an
element in the multi-factor likelihood of confusion test, and it is
not a requirement to prove likely confusion, but we also are told
that it is the best evidence of likely confusion. Is that right? Is
that how the courts really rule? What kinds of actual confusion
evidence are persuasive and when is actual confusion evidence
unpersuasive and considered de minimis? How does the absence of
actual confusion affect likelihood of confusion determinations?
Learn valuable insights and perspectives on these and other
questions.
– Michael T. Olsen
11:30 – 12:15 p.m.
A Focus on Preliminary Injunctions and
Proving Likelihood of Confusion
Preliminary injunctions are expecially
important in trademark infringement cases. Successful motions cause
defendants to think hard about permanently moving to another name
since they can’t use the name while preparing for trial, maybe a
year or more away, and unsuccessful motions cause plaintiffs to
rethink the strength of their case. Learn important strategies from
an experienced trademark litigator on proving and disproving
likelihood of confusion at the preliminary injunction stage of a
case.
– Lora Mitchell Friedemann
12:15 – 1:15 p.m.
LUNCH & LUNCH PRESENTATION
Box lunches provided by Winthrop &
Weinstine and DuetsBlog.
Lunch provided at live seminar only.
Marketing Types, Trademark Types and
Their Favorite Myths
It’s no secret that marketers and
lawyers don’t always see eye to eye. When the collaboration is good,
great things can happen. When it is not, opportunities are surely
lost. Eavesdrop on a casual, but probing conversation between Steve
and Nancy about how each sees the worlds of trademarks, naming,
branding, and marketing.
– Stephen R. Baird & Nancy Friedman
1:15 – 2:15 p.m.
A Focus on Initial Interest Confusion,
Post-Sale Confusion and Related Strategies
Trademark infringement can result from
conduct that doesn’t necessarily create a likelihood of confusion at
the point of sale. What about confusion that likely occurs only
before or after a sale? Learn from a likelihood of confusion guru,
and author of the award-winning Likelihood of Confusion® blog, about
the current state of the law on initial interest confusion,
post-sale confusion, and related legal theories and strategies.
– Ronald D. Coleman
2:15 – 3:00 p.m.
A Focus on Reverse Trademark Confusion
and Related Strategies
Does David have a fair chance asserting
trademark infringement claims against Goliath? When he does, it is
typically in the context of a reverse trademark confusion case.
Learn from an experienced trademark litigator on how to avoid the
pitfalls of pursuing or defending against reverse trademark
infringement claims.
– Anthony R. Zeuli
3:00 – 3:15 p.m.
BREAK
3:15 – 4:30 p.m.
A Focus on Likelihood of Confusion
Survey Evidence
Learn and understand how to address the
issues involved in creating, leveraging, navigating, and excluding
trademark likelihood of confusion survey evidence from two
experienced trial attorneys and a veteran trademark survey expert.
This session will use as a teaching example the actual complaint
filed in the highly publicized and recently settled trademark case
brought by David (local burger joint Lion’s Tap) against Goliath
(McDonalds). This dynamic group will explore possible issues had the
case not settled and survey evidence was introduced. Audience
participation and voting will enhance the learning experience during
this high level discussion.
– Ivan Ross & Ronald D. Coleman
– Peter J. Gleekel, moderator
|