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Follow on Google News | James Hastings, Of Counsel, Collen IP 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 James Hastings, Of Counsel, Collen IP will speak at the Knowledge Group’s Event
For further details, please visit: https://theknowledgegroup.org/ About James Hastings James Hastings is Of Counsel to Collen IP. He is the author of the online publication, Trademark Opposition Lawyer, a helpful primer for brand owners and companies who are seeking to protect their trademark in contested proceedings before the U.S. Trademark Trial and Appeal Board. James’ About Collen IP Collen IP is a leading intellectual property law firm and business consultancy that advises and represents the interests of corporations and legal associates worldwide. The firm is recognized for its successes in launching brands, advising on marketing strategies, and protecting valuable intellectual property rights. Collen IP’s litigation team represents clients in a wide array of contested intellectual property proceedings in U.S. District Court, the U.S. Trademark Trial and Appeal Board, and domain name dispute proceedings before arbitration tribunals worldwide. It is recognized each year for having one of the most extensive dockets for trademark opposition and cancellation proceedings before the TTAB , and its lawyers have been featured in various national legal and business publications. 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. Although, rejected by the district court, B&B's appeal to the Circuit Court of Appeals was affirmed 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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