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