Track 2 - Trademarks/Copyrights Out of Stock
Co-sponsored by the Intellectual Property Law Section of the Colorado Bar Association and the ABA Se
Quantity
May 2014
Segment 2 of 12th Annual Rocky Mountain Intellectual Property & Technology Institute
Track 2 - Trademarks/Copyrights
Accreditation Information:
To claim CLE credit for this segment you MUST use the following title on your homestudy affidavit 12th Annual Rocky Mountain Intellectual Property & Technology Institute.
Presentation:
Day 1
8:45 am - 10:00 am
Judicial Panel - Trends in IP Litigation
Judge Jimmie V. Reyna, US Court of Appeals for the Federal Circuit
Judge Phillip A. Brimmer, US District Court for the District of Colorado
Judge Faith S. Hochberg, US District Court for New Jersey
Judge Barbara M.G. Lynn, US District Court for the Northern District of Texas
Moderated by Judge Andrew Hartman, 20th Judicial District, Colorado
10:15 am - 11:05am
2014 Trademark Update
- Everything you need to know about the last year
David Bernstein, Debevoise & Plimpton, LLP
11:10 am - 12:00 pm
2014 Copyright Update
- Everything you need to know about the last year
Pamela Samuelson, Berkeley Center for Law & Technology
12:25 - 1:15
Only in Colorado: IP Issues Related to the Burgeoning Marijuana Industry
Margaret Polson, Oppedahl Patent Law Firm
Erich Veitenheimer, Cooley LLP
Christian Sederberg, Vicente Sederberg LLC
1:15 pm - 1:35 pm
#Trademarks - Are Hashtags #Ownable?
Jeremy Roe, Anheuser-Busch
1:35 pm - 1:55 pm
Evaluating an Infringement: When to Act, When to Refrain?
Emily Burns, Google
2:00 pm - 2:20 pm
Avoiding Internet Infamy - Drafting Cease & Desist Letters That Won't Provoke a Viral Response and How to Minimize Damage If It Happens
Emily Burns, Google
Jeremy Roe, Anheuser-Busch
2:35 pm - 3:25 pm
2014 Trade Dress Update
- Interior design/décor
- Exterior building design
- Product packaging, including "store brands"
- Product configuration and color
- Protection of trade dress rights through federal registration
Katina Banks, University of Denver Sturm College of Law
3:30 pm - 4:20 pm
Securing Injunctive Relief in Trademark Cases
The requirements for securing injunctive relief in trademark cases are changing, and the prevalence of the Internet and Social Media have called into question the relevance of territorially restricted injunctions.
- Is the Dawn Donut rule on the geographic scope of injunctive relief still viable in the Internet age?
- Is the presumption of irreparable harm flowing from likelihood of confusion gone?
- What types and amounts of evidence are necessary to secure an injunction in a trademark case now?
George Matava, Lathrop & Gage LLP
Lee Johnston, Dorsey Whitney LLP
Day 2
9:00 am - 10:30 am
The Great American Story: Protection or Innovation?
Panelists:
Aaron Brodsky, Trimble Navigation, Inc.
Pamela Samuelson, Berkeley Center for Law & Technology
Michael Fleming, Cray Inc.
Bernard Chao, University of Denver Sturm College of Law
Ryan McIntyre, Foundry Group
Moderator:
Ian Ballon, Greenberg Traurig, LLP
10:45 am - 11:35 am
How False Advertising Consumer & Privacy Class Actions are Shaping Marketing Claims
- Technology innovations allow companies to collect unprecedented amounts of data and track users' every move. Companies are also marketing more aggressively to distinguish themselves from competitors.
- As a result, class action lawsuits are on the rise and pose significant threats to brands and businesses.
- Careful scrutiny of marketing claims and disclosures is required to ensure that brands are not negatively impacted by class action litigation.
Beth Magnuson, Oracle Corporation
Rodger Cole, Fenwick & West
11:40 am - 12:30 pm
Predatory Copyright Enforcement - Copyright Clause Misuse or Viewer Beware?
- Overview of copyright enforcement litigation against persons using BitTorrent (file sharing) technology to access material on the Internet: Who the parties are and what the dispute is about.
- Discussion of the recent influx of BitTorrent cases brought in Colorado, including claims and potential defenses.
- Review of policy considerations implicated by BitTorrent litigation: Misuse of copyright clause or a matter of viewer beware?
Jon Tandler, Ryley Carlock & Applewhite
Christina Saunders, Sparkman Foote Minor LLP
12:45- 12-55 pm
10 - Minute Update on Patent Local Rules
Jane Michaels, Holland & Hart LLP
12:55 - 1:45 pm
Attorney Ethics and Money (1 Ethics Credit)
David Hricik, Mercer University, Walter F. George School of Law
1:45 pm - 2:35 pm
Trademark Litigation Alternatives: How to Successfully Resolve a Trademark Dispute Without Involving the Courts
- Creative settlement strategies for trademark cases
- Mediation vs. arbitration - Which is right for your case?
- Successful mediation techniques
- Considerations in picking a mediator
Panelists:
Lisa Pearson, Kilpatrick Townsend & Stockton LLP
Jeremy Roe, Anheuser-Busch
Moderator:
J. Gregory Whitehair, IP Resolution Company
2:40 - 3:05 pm
Fluid Trademarks - The Changing Face of Brands
Lisa Pearson, Kilpatrick Townsend
3:05 - 3:30 pm
Insurance Coverage for Trademark, Copyright, and False Advertising Disputes
Joe Ramirez, Holland & Hart LLP
3:50 pm - 4:40 pm (1 Ethics Credit)
Why are IP Practitioners Getting Sued for Malpractice? How to Avoid the Key Mistakes
Kevin Rosen, Gibson Dunn