Defending the Trademark Infringement Defendant

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