BL04 Anatomy of a Trademark Case (2020CLC)

September 16, 2020

2:00 PM to 4:00 PM (Eastern Daylight Time)

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The Business Law Track

Presented by the Intellectual Property Section 

About the Program

This program will be a “soup to nuts” primer on trademark litigation, both at the United States Patent and Trademark Office and at federal court, from the beginning of the litigation to the entry of judgment. The program will first briefly discuss applying for and registering one’s trademark and/or trade dress. It will also discuss effectively pleading and defending a trademark action, both from the perspective of allegations of infringement/unfair competition, and various defenses or invalidity counterclaims, including using legal tools that are “trademark adjacent” to get relief otherwise questionably obtainable via the Lanham Act. Then the program will discuss best practices for conduct of discovery in a trademark case, including preservation of data and prioritization of types of evidence and use of expert testimony as to both liability and damages, etc. Finally, the program will turn to arguing and presenting one’s best case at trial in a trademark case, including proving damages and the availability of appropriate remedies.

You Will Learn

  • An overview of trademark proceeding with an emphasis on the differences in trademark litigation from other types of litigation

CLE Credit: 2.0 CT (1.5 General; 0.5 Ethics); 2.0 NY (1.5 AOP; 0.5 Ethics)

Speakers

alquist_elizabeth Elizabeth A. Alquist
Day Pitney LLP, Hartford

oconnor_catherinedugan Catherine Dugan O’Connor
Day Pitney LLP, Stamford

Jamie Sternberg Jamie Elise Sternberg
Saunders & Silverstein LLP, Amesbury, MA

Moderator

Christopher Droney Hon. Christopher F. Droney (Ret.)
Day Pitney LLP, Hartford