Trademark Infringement: Structuring Opinions of Counsel
Leveraging Opinion Letters to Reduce the Risks of Liability and Enhanced Damages
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course will provide IP counsel with an analysis of the role of opinions in the defense of trademark infringement claims and the potential use of opinions of counsel. The panel will discuss the issue of waiver of the attorney-client privilege and provide best practices for developing opinions of counsel.
Outline
- Standard for infringement and use of opinions of counsel
- Waiver
- Court treatment
- Best practices for employing opinions of counsel
Benefits
The panel will review these and other key issues:
- How can trademark opinions of counsel be used both offensively and defensively to strengthen a company's brand and trademark portfolio?
- How have the courts treated the use of trademark opinions of counsel?
- Under what circumstances should corporate counsel seek outside opinions of counsel to protect their client from infringement claims?
Faculty
James R. Hastings
Of Counsel
Rothwell Figg Ernst & Manbeck
Mr. Hastings has more than 20 years of experience representing corporate and entrepreneurial brand owners in all facets... | Read More
Mr. Hastings has more than 20 years of experience representing corporate and entrepreneurial brand owners in all facets of trademark law and brand protection and enforcement. Previously, Mr. Hastings served as in-house counsel to a well-known national catalog retailer. He is author of the online publication, Trademark Opposition Lawyer—a guide for CEOs and in-house counsel about contested proceedings before the U.S. Trademark Trial and Appeal Board.
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David Jafari, Esq.
Jafari Law Group
Mr. Jafari provides solutions for businesses and individuals, especially with regards to the procurement and protection... | Read More
Mr. Jafari provides solutions for businesses and individuals, especially with regards to the procurement and protection of intellectual property portfolios. In addition to his patent and copyright services, he provides a full range of trademark services including initial counseling, clearance opinions, search services, and preparation and filing of applications in the United States Patent and Trademark Office.
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