BarbriSFCourseDetails
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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Trademark and Copyright

Date & Time
  • event Date

    Tuesday, November 9, 2021

  • 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 guide trademark counsel on conducting, analyzing, and using trademark searches. The panel will discuss overcoming the challenges in the trademark clearance process and outline best practices for preparing clearance opinions.

Faculty

Draeke H. Weseman
Of Counsel
Greenberg Traurig LLP

Mr. Weseman helps brands by applying his knowledge of trademark law, enhanced by years of experience, to complex trademark problems and communicating advice to clients simply, in plain language, with a focus on business outcomes.

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Karen Lim
Partner
Fross Zelnick Lehrman & Zissu

Ms. Lim focuses on the selection, clearance, prosecution, maintenance, and enforcement of trademarks in the U.S. and globally; managing worldwide trademark portfolios; counseling clients on copyright, unfair competition, and domain name issues; and preparing agreements and licenses pertaining to IP. She works with clients across a wide range of industries, including consumer and luxury goods, pharmaceuticals, cosmetics and fashion, entertainment, travel and hospitality, financial services, and information technology.   

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Description

Before a business adopts a mark, counsel must understand all potential infringement risks. In-house and outside counsel rely on trademark clearance searches to identify those risks. Many courts recognize reliance on trademark searches and counsel's clearance opinions as a defense to infringement claims.

Counsel must carefully analyze the results of the clearance search and assess the risk posed by using the proposed mark. Millions of dollars may ride on the analysis and decide how to proceed based on the clearance opinion.

However, the assertion of the advice-of-counsel defense may put the privilege waiver at risk. Companies and counsel should consider whether to obtain a formal written clearance opinion. If yes, the circumstances will shape what to include in the opinion letter.

Listen as our authoritative panel of trademark attorneys examines the analysis and use of the clearance report, reviews the challenges in trademark clearance, outlines steps to overcome the obstacles, and offers best practices for clearance opinions.

Outline

  1. Analysis and use of search reports
  2. Clearance challenges and steps to overcome them
  3. Best practices for preparing clearance opinions

Benefits

The panel will review these and other key issues:

  • What factors should counsel consider when analyzing a clearance report?
  • What strategies can counsel use to overcome the challenges posed by the trademark clearance process?
  • What should be included in a trademark opinion letter?
  • How can counsel protect client confidentiality when asserting an advice-of-counsel defense?