Trademarks, Trade Dress and False Advertising: Recent Developments for Business and IP Lawyers - CLE, Continuing Legal Education - ALI
Trademarks, Trade Dress and False Advertising: Recent Developments for Business and IP Lawyers
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Available Online: Online CLE | MP3 Audio Files | Coursebook

Why You Should Attend

Business and IP lawyers who need to stay current with the recent trends in trademark, trade dress, and false advertising law should register today for this CLE program. Our faculty of experienced practitioners will give an overview of the latest developments, while focusing on decisions of the United States Supreme Court, United States Court of Appeals for the Federal Circuit, regional Courts of Appeals and the United States Patent and Trademark Office Trademark Trial and Appeal Board.

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What You Will Learn

Discussion will include the following topics:

recent federal registration decisions (fraud, proof of lack-of-bona fide intent)

possible resuscitation of a dead “generic term”

likelihood of confusion (consumer and non-consumer), distinctiveness of mark, sponsored links

product design trade dress, including interior architectural design

fair use and limits of nominative fair use

equitable defenses (especially laches) and remedies

federal jurisdiction and claim/issue preclusion

insurance coverage for ‘advertising injury’ claims

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Who Should Attend

This accredited continuing legal education program from ALI CLE is designed for in-house counsel and outside attorneys who practice business law and intellectual property law.

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Kenneth B. Germain, Of Counsel, Wood, Herron & Evans, LLP and Distinguished Senior Fellow, NKU Chase College of Law, Cincinnati, Ohio


Kenneth Germain has more than 35 years of varied experience in the trademark/unfair competition field and is a former full-time law professor. He focuses his practice on trademark counseling, consulting and litigation. Ken is often retained as an expert witness on issues relating to trademarks and unfair competition, working on cases involving some of the nation’s largest companies in high-stakes, cutting-edge cases. For many years, Ken has been an active speaker on trademarks and unfair competition, lecturing at national, regional and local conferences well over 225 times.


John L. Welch, Of Counsel, Lando & Anastasi, LLP., Cambridge, Massacushetts


John Welch has represented clients in scores of patent, trademark, copyright, unfair competition, and domain name lawsuits across the country, and has handled hundreds of opposition and cancellation proceedings before the Trademark Trial and Appeal Board (TTAB) of the U.S. Patent and Trademark Office. He is responsible for the international trademark portfolios of a number of major companies in such diverse fields as restaurant services, food processing machinery, and computer hardware and software.



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Program Schedule

All Times Eastern

1:00 pm     Trademarks, Trade Dress, and False Advertising: Recent Developments for Business and IP Lawyers

                         --Panel discussion

                         --Audience Questions

2:30 pm     Adjournment

This audio program comes to you live on Tuesday, December 10, 2013, via your phone or your computer (your choice). You will be able to email questions to the panel during the program (see below). Materials corresponding to the course may be downloaded or viewed online, though they may not necessarily be followed precisely by the faculty during the program.

Total 60-minute hours of instruction: 1.5; Total 50-minute hours of instruction: 1.8
For more information on CLE credits for a particular jurisdiction, click on the “Mandatory CLE Credit” link in the box titled, “Course Details,” at the top left of this web page.

Suggested Prerequisite: Two to four years’ experience in subject area.

Educational Objective: Acquisition of knowledge and skills to develop proficiency as a practitioner; maintenance of professional competence as a practitioner; provision of information on recent legal developments.

Level of Instruction: Intermediate

Click Here for MCLE Credit Information

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Here's what registrants have said about this course:
The material was clearly presented and it was a good summary of the state of the law. 
Fantastic job by both speakers.

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Eastern 1:00 pm to 2:30 pm

Central 12:00 pm to 1:30 pm

Mountain 11:00 am to 12:30 pm

Pacific 10:00 am to 11:30 am

Alaska 9:00 am to 10:30 am

Hawaii 8:00 am to 9:30 am

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Course Details

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