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On Demand Audio

What Retailers Need to Know about Protecting Their Intellectual Property

(506 reviews)

Produced on May 12, 2015

Course Information

Time 91 minutes
Difficulty Intermediate

Course Description

This seminar provides in-house counsel with an overview of how to navigate the most pressing intellectual property concerns for the retail industry, from managing your brand portfolio to patent trolls, and everything in between.

With regard to patent trolls, Edward Maluf and Brian Michaelis of Seyfarth Shaw LLP discuss how to distinguish a genuine threat from an expensive nuisance, how to respond (or not!) if you get a licensing letter, and what strategic considerations come into play if you get sued. They also offer their perspective on the customer suit exception.

In addition, Mr. Maluf and Mr. Michaelis will discuss managing your trademark portfolio, including house brands designed and manufactured by suppliers and vendors, and provide guidance on how to determine if federal trademark registration is worthwhile in each situation.

They cover issues relating to false advertising claims, and examine matters relating to trade dress where a consumer identifies the retailer by referring only to a package, container or floor layout. 

Last but not least, Mr. Maluf and Mr. Michaelis offer direction on indemnity issues, and the pros and cons of insurance for IP infringement insurance.

Learning Objectives: 

I.    Understand Patent Trolls in the context of the retail industry 

II.   Recognize customer suit exceptions 

III.  Manage your trademark assets and other critical matters 

IV.  Discuss indemnity 

V.   Summarize IP infringement insurance


Credit Information

This course is pre-approved for CLE credit in the following states. If your state is not listed, contact support for more information on how to receive credit


Brian L. Michaelis

Seyfarth Shaw LLP

Mr. Michaelis is Chair of Seyfarth Shaw's Intellectual Property Practice Group. He concentrates in all areas of intellectual property law and technology business practice. His practice includes intellectual property litigation and counseling, and validity and infringement analysis. He has testified as an expert on patent issues, including validity and non-infringement, and argued appeals before the United States Patent and Trademark Office Board of Patent Appeals and Interferences and the Court of Appeals for the Federal Circuit. Mr. Michaelis represents domestic and international clientele in technology business transactions involving intellectual property, including technology transfer and development agreement negotiation and drafting, technology spin-offs, private placements, acquisitions, and dispositions and joint ventures.


Mr. Michaelis has also written and prosecuted numerous patent applications for electrical/electronic, electromechanical, and computer/software inventions in areas such as data processing and information technologies, medical devices and laboratory instrumentation, as well as business method and internet applications including e-commerce software, credit card processing, and bill payment systems.



  • J.D., Franklin Pierce Law Center (1989)
  • B.S., New Hampshire College (1980) cum laude
  • Certified Lean Six Sigma Yellow Belt



  • New Hampshire
  • Massachusetts
  • Registered Patent Attorney, U.S. Patent and Trademark Office

Edward F. Maluf

Seyfarth Shaw LLP

Edward Maluf is a partner in the New York office of Seyfarth Shaw LLP, practicing in its Intellectual Property Practice Group. Mr. Maluf has a broad-based litigation, licensing and counseling practice that focuses primarily on trademarks, copyrights, trade dress, false advertising, grey market and counterfeit goods sales, patents, trade secrets and privacy. Mr. Maluf has represented companies and individuals seeking to enforce their intellectual property rights against infringers, and those accused of infringing the rights of others, in United States federal courts, before the Trademark Trial and Appeals Board of the U.S. Patent & Trademark Office, and in arbitrations before the International Chamber of Commerce and the World Intellectual Property Organization. Mr. Maluf also negotiates intellectual property licenses, and counsels clients in the prosecution and maintenance of their intellectual property portfolios.


Mr. Maluf is a native Spanish speaker and speaks basic German.



  • J.D., Georgetown University Law Center (1990)
  • B.A., Lehigh University



  • New York



  • U.S. District Court, Eastern District of New York
  • U.S. Court of Appeals, Second Circuit
  • U.S. District Court, Southern District of New York


Thomas M.

Very through review of the issues especially patent troll litigation

John E.

good course

Gregory S.

Speaker was very well-informed about the topic

George A G.

great content

Howard N.

great speakers

peggy g.

excellent course!

Pamela C.

Great course for any distributor/manufacturer counsel. Would like more from these speakers.

Michelle B.

Very informative, interesting subject.

Phillip B.

Very informative and interesting.

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