Trademark Confusion: Proving or Defending Against Infringement
Addressing Forward, Reverse, Initial Interest, Post-Sale, and Affiliation Confusion Challenges
Recording of a 90-minute premium CLE video webinar with Q&A
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.
Outline
- Types of trademark confusion
- Forward
- Reverse
- Initial interest
- Post-sale
- Affiliation
- Recent court treatment
- Best practices for applying the likelihood of confusion standard
- Defenses against claims of trademark infringement
- Fair use
- Prior use
- Use of mark in violation of antitrust laws
- Mark is functional
- 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?
Faculty
Theodore H. Davis, Jr.
Partner
Kilpatrick Townsend & Stockton
Mr. Davis's practice focuses on domestic and international litigation and client counseling in the fields of... | Read More
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
Mr. Litowitz has over 30 years of experience in litigating patents, trademarks, and other intellectual property... | Read More
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
Mr. Perry represents clients in intellectual property litigation. A member of the firm’s trademark, copyright,... | Read More
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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