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| Brendan O'Rourke, Partner, Proskauer Rose LLP to Speak at the Knowledge Group’s EventThe Knowledge Group/The Knowledge Congress Live Webcast Series, the leading producer of regulatory focused webcasts, has announced today that Brendan O'Rourke, Partner, Proskauer Rose LLP will speak at the Knowledge Group’s Event
For further details, please visit: https://theknowledgegroup.org/ About Brendan O'Rourke Brendan O’Rourke is a nationally recognized Trademark and Advertising litigator. He is a partner and co-chair of Proskauer’s Litigation Department, as well as co-head of the False Advertising & Trademark Group. Brendan is a “go to” first-chair trial lawyer. He provides day-to-day trademark, false advertising, and Lanham Act counseling to Fortune 500 companies, sports & entertainment industry clients, as well as start-ups and entrepreneurs. His experience includes all phases of trademark and false advertising counseling and litigation, including complex issues involving consumer survey research and claim substantiation, and inter parties proceedings before the U.S. Trademark Trial and Appeal Board and the Federal Circuit. Brendan is recognized by Chambers USA for both his trademark and advertising litigation practice, and Institutional Investor Magazine’s Benchmark Litigation survey recognized Brendan as one of New York State’s “litigation stars.” He has chaired INTA’s Leadership Meeting, Advanced Forum on the Trademark Law and Revisions Act, INTA’s third annual “Trademarks in Cyberspace” forum, and other prominent trademark law conferences. Brendan received his JD from Fordham University School of Law and his BA, cum laude, from Boston College. About Proskauer Rose LLP Proskauer is a global law firm recognized for its excellence both in practicing law and serving clients. Our roots go back to 1875, when we were founded in New York City. With 700+ lawyers in 13 offices and approximately 50 areas of practice, we have the capabilities, experience and creativity to guide our clients through their most important legal and business challenges. Our nationally-recognized and interdisciplinary Intellectual Property practice has particular strength in trademarks, advertising, patents and copyrights. In 2014, we were one of a select group of firms named in the National Law Journal’s annual “IP Hot List.” We have also been named a “Go-To Law Firm®” for Intellectual Property, one of an “exclusive group of firms that deliver exceptional work for the FORTUNE 500®,” according to American Lawyer Media. We are ranked Tier 1 by Chambers and Partners for our Advertising Litigation practice. Event Synopsis: Intellectual property is an increasingly disputed and contentious aspect of commerce. The U.S. Supreme Court’s second trademark decision in 2015 in B&B Hardware, Inc. v. Hargis Industries, Inc. affirms that Trademark Trial and Appeal Board (TTAB) rulings on the likelihood of confusion of trademarks may have a binding, preclusive effect on later Federal Court trademark infringement proceedings. During the dispute over the Sealtite®™ trademark, B&B contested that the TTAB's decision should be given preclusive effect under the Lanham Act. Althoughrejected by the district court, B&B's appeal to the Circuit Court of Appeals was affirmed and then subsequently reversed by the High Court. The Court did not rule that all TTAB decisions are preclusive; only that preclusion was possible in some cases. Hence subsequent decisions will be decided independently. However, the definition of “materially the same”remains unclear. This decision is significant for trademark opposition and litigation strategy. TTAB proceedings could become more costly and less streamlined, where the losing party might be compelled to seek a review of the decision to avoid the preclusive effect of the ruling. There are various ways for litigants to avoid preclusion. For example, material differences between how a trademark is depicted when registered and how it is used in commerce may be sufficient to avoid preclusion. Meanwhile, it may be prudent to treat TTAB proceedings only as potentially preclusive of federal infringement litigation, unless material differences in usage are beyond dispute. The Knowledge Group has assembled a panel of key thought leaders and practitioners to provide a two-hour LIVE Webcast to review the most recent cases in trademark dispute and to discuss the TTAB Rulings on Trademark Infringement Cases, with emphasis upon Preclusion. Speakers will explain the significance and possible repercussions of the rulings and how brand owners can safeguard their trademarks in the future. Speakers will also provide best practices in developing and implementing effective trademark protection strategies to protect against infringement. Key issues that will be covered in this course are: • Trademark Trial and Appeal Board (TTAB) Rulings • The Lanham Act • Preclusive Effect: An Overview • Federal Trademark Infringement • B&B Hardware, Inc. v. Hargis Industries, Inc. • Coverage and Limitation • U.S. Trademark Application • Likelihood of Confusion • Changes and Implications for Practitioners • Risks and Pitfalls in Trademarks § Infringement Mitigation Strategies About The Knowledge Group, LLC/The Knowledge Congress Live Webcast Series The Knowledge Group, LLC was established with the mission to produce unbiased, objective, and educational live webinars that examine industry trends and regulatory changes from a variety of different perspectives. The goal is to deliver a unique multilevel analysis of an important issue affecting business in a highly focused format. To contact or register to an event, please visit: http://theknowledgegroup.org/ End
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