ALI Webinar Dec 8th: "Trademarks, Trade Dress, and False Advertising 2015: Recent Developments for Business and IP Lawyers"
Yours truly, aka the TTABlogger, will team up again with Prof. Kenneth B. Germain in an American Law Institute (ALI) Webinar entitled "Trademarks, Trade Dress and False Advertising 2015: Recent Developments for Business and IP Lawyers." When? Tuesday, December 8th, 1:00 - 2:30 PM, Eastern Standard Time. Registration here.
This practical program is specifically designed for business and IP lawyers who need to stay current with the recent trends in trademark, trade dress, and false advertising laws. Join us as our expert faculty provides a concise update and review of the latest cases from the United States Supreme Court, the various US Courts of Appeals (especially the Federal Circuit), and the U.S. Patent and Trademark Office Trademark Trial and Appeal Board
- "tacking" - backward, forward; judge v. jury (Hana Financial, Inc. v. Hana Bank et al, 135 S.Ct. 907 (2015))
- possibly preclusive effect of TTAB decisions in later court cases (B&B Hardware v. Hargis Industries, Inc.,135 S.Ct. 1293 (2015))
- recent federal registration decisions (proof of lack-of-bona fide intent; relevance of third-party uses and registrations)
- likelihood of confusion, distinctiveness of marks, sponsored links
- trade dress/product design, especially functionality and major differences among types of IP
- geographic scope of injunctive relief
- damages and attorney fee awards under 35(a) of the Lanham Act
- assessment of "expenses" in ex parte de novo appeals to district courts
- highly descriptive v generic; relevance of acquired distinctiveness
- relevance of earlier PTO actions in later infringement cases
- requirement of ‘use’ of a mark in commerce prior to trademark registration