The Knowledge Group Has Scheduled a Live Webcast on TTAB Rulings on Trademark Infringement Cases

NEW YORK - Nov. 9, 2015 - PRLog -- The Knowledge Group/The Knowledge Congress Live Webcast Series, the leading producer of regulatory focused webcasts, announced today that it has scheduled a live webcast entitled: TTAB Rulings on Trademark Infringement Cases: Preclusion Explored in 2015 LIVE Webcast. This two-hour event is scheduled on December 9, 2015 at 12:00 PM - 2:00 PM ET.

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

Speakers/Faculty Panel

Stites & Harbison, PLLC

Alexandra MacKay

Member

Klarquist Sparkman, LLP

Robert Cruzen

Partner

Proskauer Rose LLP

Brendan O'Rourke

Partner

Collen IP

James Hastings

Of Counsel

For an updated list of the faculty panel, please visit:

https://theknowledgegroup.org/event-homepage/?event_id=1278

About The Knowledge Group/The Knowledge Congress Live Webcast Series

The Knowledge Group brings together the world's leading authorities and industry participants through informative two-hour webcasts that study the impact of changing regulations and help businesses succeed through proper regulatory compliance.

Visit http://theknowledgegroup.org/ for further information and inquiry.