*** Federal Circuit overturns central component of TTAB’s Medinol doctrine on Aug. 31 ***

A live 90-minute CLE teleconference with interactive Q&A
Sponsored by the Legal Publishing Group of Strafford Publications
Wednesday, October 20, 2009 ~ 1:00pm-2:30pm EDT
Price: $297

Please note: You will be taken to the Strafford website to complete your order.

This seminar will review the Federal Circuit’s decision in In re Bose and how the court reached its conclusion. The panel will discuss the impact of the decision on trademark applications, applicants and owners and outline best practices for defending trademarks.

Description

The Federal Circuit Court of Appeals’ landmark decision in In re Bose sets a new standard for fraud prosecution. The court overturned the Trademark Trial and Appeal Board’s (TTAB) Medinol decision, rejecting the TTAB’s “should have known” standard for fraud.

The Federal Circuit concluded that the TTAB had “erroneously lowered the fraud standard to a simple negligence standard.”

Going forward, a party seeking to cancel a trademark registration on fraud grounds must prove intent to deceive the Patent and Trademark Office (PTO) by clear and convincing evidence. Trademark applicants and owners must ensure diligence in making accurate representations to the PTO.

Listen as our authoritative panel of intellectual property attorneys examines the Federal Circuit’s ruling and its implications for IP owners and counsel and offers strategies for operating under the new fraud standard.

Outline

• In re Bose
  • Medinol v. Neuro Vasx
  • TTAB decision
  • Federal Circuit ruling
• Implications of Bose
  • On applications and registrations invalidated during Medinol years
  • Appropriate consequences for false, but not fraudulent, statement regarding continued use in commerce
  • Certainty in fraud-based litigation
  • Evidentiary issues
• Best practices

Benefits

The panel will review these and other key questions:

• What are the implications of the Bose decision for trademark applicants, owners and challengers?
• How can a challenging party prove fraud in a trademark application under the new standard?
• Can applications or registrations invalidated during the Medinol years now be restored under the new standard?

Following the speaker presentations, you’ll have an opportunity to get answers to your specific questions during the interactive Q&A.

Faculty

Stephen R. Baird, Shareholder
Winthrop & Weinstine, Minneapolis
He heads the intellectual property and trademark and brand management practice groups, and his practice emphasizes trademark law, related unfair competition law and copyright law. He counsels clients on trademark usage and clearance, branding strategies, portfolio management, litigation and enforcement, Internet domain name disputes, licensing and prosecution.

Jonathan Hudis, Partner
Oblon Spivak McClelland Maier & Neustadt, Alexandria, Va.
He counsels clients in trademark, copyright, unfair competition and trade secrets matters and is well versed in trademark prosecution and registered copyright protection matters. He is an adjunct professor of trademark and unfair competition law at the George Mason University School of Law.

James H. Johnson, Jr., Counsel
Sutherland Asbill & Brennan, Atlanta
He focuses on trademarks and service marks, unfair competition and domain name disputes. His experience includes prosecuting trademark applications; negotiating and drafting settlement agreements; handling infringements and oppositions; and handling clearance opinion memos and strategies. Before joining the firm, he gained experience with The Coca-Cola Company, the Kellogg Company and at the PTO.

Register Today!
Price covers an unlimited number of staff at your office location. Can’t participate in the live seminar? A CD of the full event proceedings, including Q&A and PDF files of all handouts, will be available 10 days after the seminar.

Continuing Legal Education
Continuing Legal Education credits are granted for an additional $65 per person. Please refer to the options on the order page to take advantage of these credits.

Please note: You will be taken to the
Strafford website to complete your order.