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On Demand
Audio
Defending the Trademark Infringement Defendant
Produced on May 08, 2014
Course Information
Course Description
Brands and branding have never been more important to businesses. It is crucial for counsel for entrepreneurs and growing companies to have a thorough grasp of what to do when their clients receive a cease and desist letter or are served with papers claiming trademark infringement. Attorneys need to understand if their clients are even making legally cognizable use of the alleged trademark at all, what the evolving bounds of fair use are, the financial dynamics of trademark infringement disputes and what opportunities exist for resolution during the various stages of a trademark infringement claim.
Learning Objectives:
I. Grasp the fundamental elements of a trademark claim
II. Understand the defenses to trademark infringement
III. Review and analyze an initial demand from a purported trademark owner
IV. Recognize typical litigation paths
V. Assess economic considerations
VI. Gain familiarity with fee awards under the Lanham Act
Faculty
Ronald Coleman
Mandelbaum Salsburg P.C.
Ron Coleman has shaped the law relating to the use and abuse of intellectual property as a tool of competition. A leader in social media for lawyers, his blog about copyright, trademark and free speech, LIKELIHOOD OF CONFUSION®, has since its inception in 2005 become one of the most influential publications in IP law.
Recent representations include:
- Vindicating the rights of review websites threatened with IP infringement claims to intimidate them into removing legally protected information or commentary
- Coordinating the investigation of and legal response to fraudulent websites impersonating the website of a commercial client
- Defending a national figure against IP claims arising out of her brief use of a famous photograph on Facebook
- Leading the appellate effort to overturn the PTO’s refusal to register trademarks that the PTO finds “may disparage” ethnic or racial constituencies. Ron has represented clients of every size in state and federal courts, bench and jury trials, the TTAB and in arbitrations and mediations throughout the country
Author of the first article on Internet law in the ABA Journal (1995), Ron was co-author of the chapter on “Responses to Complaints” in Business and Commercial Litigation in the Federal Courts (ABA / West Group 1998). More recently, his chapter on the interplay of rights of publicity and trademark was included in In the Arena: A Sports Law Handbook. Other publications include the Computer and Internet Law Journal, the NYSBA Journal and the NJ Law Journal. Ron has been a featured speaker and panelist at a host of legal and industry conferences around the United States.
Ron has represented clients of every size in state and federal courts, bench and jury trials, the TTAB and in arbitrations and mediations throughout the country. He has also been retained as an expert on trademark law and practice in professional liability litigation. A graduate of Princeton University, he received his JD from Northwestern University School of Law.
Reviews
Good basic overview.
Speaker was very knowledgeable and very engaging.
Excellent presentation. Very clear explanation of the nuts and bolts of trademark infringement from the defendant's perspective.
Clear and a thorough introduction to a topic I knew little about - well done!
helpful as a refresher, foundational, step by step (with a big eye toward basics & start of a case, rather than esoteric issues--are you going to settle this case early or are you in for a slog)
Great tips
Excellent presentation
seminar was both academic and practical
Excellent! Speaker knows material very well.
Excellent speaker and presentation
Very well organized and succinct.
Great presentation covering the basics with insight and practical considerations
Excellent speaker. Engaging and passionate.
Excellent! Very informative!
One of the more fluid and understandable presenters I've had the privilege of learning from. I highly recommend this course - especially for attorneys who practice in unrelated areas of the law.
Superb instructor. Extremely organized, concise and knowledgeable.
Fantastic overview!
Was too basic for me
Very good speaker.
Great presentation.
Excellent
An excellent and not typical point of view. Very helpful and relevant.
Good program
Excellent and informative
In just 1 hour, one of the best trademark presentations I have ever heard. I would sign up for any course presented by Mr. Coleman. I you do any trademark work, this is a "don't miss".
Very informational
Good information.
Excellent presentation. Very compelling.
Good program. Thanks.
Flows nicely. Very informative and down-to-earth.
Good basic refresher
very basic overview
Interesting overview for business clients.
Excellent speaker