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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Trademark and Copyright

Date & Time
  • event Date

    Tuesday, April 23, 2024

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$347.00
CLE
ALL

This CLE course will prepare trademark counsel to understand the different types of trademark confusion and meet the challenges of each. The panel will discuss applications of the likelihood-of-confusion standard and will review recent developments in trademark confusion.

Faculty

Theodore H. Davis
Partner
Kilpatrick Townsend & Stockton LLP

Mr. Davis's practice focuses on domestic and international litigation and client counseling in the fields of trademark, copyright, false advertising, and unfair competition law. He has particular experience in trade dress disputes and with large-scale trademark clearance and registration projects. He has served on the Board of Directors of the International Trademark Association.

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Robert D. Litowitz
Partner
Kelly IP, LLP

Mr. Litowitz has over 30 years of experience in litigating patents, trademarks, and other intellectual property rights before U.S. district courts, the ITC, and the TTAB. He has extensive experience leading and managing a range of litigations on such diverse subjects as pharmaceuticals, healthcare products, designs, product configurations, words, symbols, golf courses, and books.

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Louis T. Perry
Partner
Faegre Drinker Biddle & Reath LLP

Mr. Perry represents clients in intellectual property litigation. A member of the firm’s trademark, copyright, advertising and media practice, Mr. Perry serves as trial counsel for clients in federal and state courts and the Trademark Trial and Appeal Board.

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Description

Virtually all trademark owners and their counsel wrestle with the complex issue of likelihood of confusion. Understanding the different types of likely confusion is counsel's first step to avoid the pitfalls in pursuing or defending against trademark infringement claims.

Forward, reverse, initial interest, post-sale, and affiliation confusion are the five main types that counsel must understand and identify.

Intelligence from experienced trademark counsel can prepare practitioners to monitor their marks and identify and prove trademark infringement.

Listen as our authoritative panel of trademark attorneys examines the many types of trademark confusion, the challenges of each type, and the recent court treatment of the different types. The panel will offer best practices for applying the likelihood-of-confusion standard. Finally, the panel will also discuss how to defend against claims of trademark infringement.

Outline

  1. Types of trademark confusion
    1. Forward
    2. Reverse
    3. Initial interest
    4. Post-sale
    5. Affiliation
  2. Recent court treatment
  3. Best practices for applying the likelihood of confusion standard
  4. Defenses against claims of trademark infringement
    1. Fair use
    2. Prior use
    3. Use of mark in violation of antitrust laws
    4. Mark is functional
    5. Equitable defenses

Benefits

The panel will review these and other key issues:

  • How are courts treating initial interest confusion and post-sale confusion?
  • What are the pitfalls of pursuing and defending against reverse trademark infringement claims?
  • What kinds of evidence are persuasive to prove likely confusion?
  • What types of evidence are required to defend against trademark infringement claims?