Trademark Law CLE

Young and old attorneys can always learn something about Trademark Law. In this introduction to Trademarks, attorneys learn the basics of Trademark Law from prosecution of a Trademark to obtain one through litigation when a Trademark is infringed. The presentation is broken down into three sections. First, the results of an interview with a Trademark Examiner from the United States Patent and Trademark Office about her prosecution pet peeves is addressed. Second, the basics of Trademarks is presented. Third, a sample case on Trademark infringement is thoroughly analyzed and discussed.

In this overview of trademark and trade dress law, we use famous and fun automobile cases to explore how trademark laws work in the realm of cars. We address the fundamentals of trademark law, including functionality, inherently distinctive trademarks, secondary meaning, and likelihood of confusion. We use fun car cases to explore the trademark limits of copying. And we see jurists sometimes disagreeing with each other on the role of trademark laws for automobiles. Along the way, we offer useful tips to protect and advise clients and prepare cases.

Before the Internet, there was no such thing as cybersquatting. But once the Internet came into existence, domain-name disputes soon followed. Although cybersquatting does not fit into the traditional trademark paradigm, in 1999 Congress passed The Anti-Cybersquatting Consumer Protection Act ("ACPA"), 15 U.S.C. 1125(d), and it became part of the Lanham Act, 15 U.S.C. 1051 et seq., which is the primary federal trademark statute in the United States. The ACPA established a legal recourse for entities who are the victims of others registering, trafficking in, or using a domain name that is confusingly similar to, or dilutive of, an entity's trademark or a person's name. In this "Introduction to Cybersquatting", attorneys learn the origins and history of cybersquatting, as well as the elements of the cause of action. Participants will also analyze several cases in which courts have addressed cybersquatting at various stages of litigation.

This course will provide an overview of fashion law and how it intersects with intellectual property. The course will touch on more commonly known areas of fashion including apparel, shoes, and accessories. This course also will address how fashion is going beyond just the clothes or the accessories themselves and now reaching more into technology including supply chain optimization, virtual fitting rooms, and wardrobe recommendations using artificial intelligence (AI).

Changing a professional sports team name may seem like it requires a simple press release announcement that introduces a new mascot, logo, or merchandise. In this course, we analyze some of the major legal obstacles to changing and owning rights to a new team name—specifically in Cleveland—where a local roller derby team claimed it previously owned the same name that a baseball team tried to acquire. We also discuss integral factors that affect legal disputes surrounding trademarks.

This course will provide an overview of trademarks including how to select, register, and maintain. The course will then discuss a number of recent court decisions relating to trademarks in the food, energy, and water sectors.

This course introduces American lawyers to trade secret protections in the European Union. Trade secrets—broadly defined under E.U. law as information that derives commercial value from its secrecy, and for which reasonable protections have been taken by the holder to preserve that secrecy—have, since 2018, benefited from a uniform set of protections across E.U. Member States. This is thanks to a European Directive, “Directive (EU) 2016/943 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure.” The present course will discuss the Directive’s origins, it scope and purpose, and the primary exceptions to trade secret protections in the E.U.

Notwithstanding its illegality under federal law, cannabis is now legal for medical and/or adult recreational use in a majority of U.S. states. The cannabis industry is booming and participants want and need IP protections for their products, technologies, and brands. However, the perfection and enforcement of such IP rights is complicated by the continued federal prohibition of cannabis.

Trade secrets can be the lifeblood of a company, often accounting for most of the value of the company. But they are at risk of loss through employee inattention, inadvertence, and misconduct. In this course, Russell Beck will discuss what trade secrets are, how they are at risk, and how companies can – and should – protect themselves from those risks.

This course is designed as a basic course for counsel with limited knowledge of franchise law and will introduce the basic legal considerations in franchising, whether you are representing a franchisor or a franchisee. We will cover the legal definition of a franchise and review the federal and state laws governing the franchise relationship. We will also explore where to find information regarding franchise brands, the dangers of becoming an accidental franchise, and some other legal considerations, beyond contract law, to keep in mind when representing the franchisor or the franchisee.

This course is designed for counsel representing a franchisee in evaluating their decision to purchase a franchise business. We will discuss the role of franchisee counsel, practical considerations for deciding whether to acquire a franchise and how to prepare for reviewing a franchise opportunity. We will also cover how to determine which laws apply and why this matters to the review, the top 13 risk analysis issues, key tips for negotiating an addendum, and additional resources for franchisee counsel.

This course is an introduction to the basics of trademark and copyright protection for businesses. It will provide attorneys with the information they need to advise clients on what types of protection may be appropriate for their businesses. We will discuss different types of trademarks, the differences between state trademark applications vs. federal applications, the federal application process, and some best practices for counseling clients. We will also briefly discuss copyright protection and copyright notice requirements.

This course will provide an overview of copyright law following the U.S. Supreme Court’s landmark decisions in Google v. Oracle and Warhol Foundation v. Goldsmith. In this one-hour course, we will discuss what is and is not protectable by copyright, analyze exclusive copyright rights, as well as fair use. This course will provide an in-depth overview of both Google v. Oracle and Warhol Foundation v. Goldsmith, as well as address several cases that have been or may be implicated following these decisions, and then cover issues that remain to be resolved.

This course will take a deep dive into authorship and copyrightability of AI generated content, including discussing the questions of whether or not an artist can be the author of a work created using AI and if copyright authorship requires a human. This course will also review the pending litigation over AI training and explore best practices both for clients and attorneys using AI.

This CLE program will provide an in-depth overview of the legal issues that are arising at the intersection of intellectual property and emerging technologies. Attorney Caleb Green of Dickinson Wright will discuss IP protection, registration, and enforcement strategies while also addressing the risks and issues related to NFTs and the blockchain.

Intellectual property law is complex, but the ethics in practicing patent and trademark law can be even more difficult to understand.  This course aims to provide background that IP attorneys can take to ensure their conduct confirms to the USPTO Rules of Professional Conduct. The presenter, Emil J. Ali, is a registered patent attorney who focuses his practice on USPTO ethics and disciplinary matters. The course provides practical advice on how practitioners can spot issues and conform their conduct to best practice and the USPTO’s rules.  This course is aimed at experienced IP practitioners who practice before the USPTO.