A live 90-minute CLE webinar/teleconference with interactive Q&A
Sponsored by the Legal Publishing Group of Strafford Publications
Thursday, December 3, 2009 ~ 1:00pm-2:30pm EST
Price: $297

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

This CLE seminar will discuss resolving trademark disputes through the use of co-existence agreements and offer strategies for pursuing, negotiating and structuring such agreements.

Description

Companies often use similar or identical trademarks to market products or services. Trademark co-existence agreements can help maintain the peace between two companies with the same or similar marks. Using such agreements allow potentially confusing marks to co-exist without infringement litigation.

Companies and counsel should carefully consider the potential ramifications of pursuing a co-existence agreement before approaching the user of the same or similar mark. A company should be prepared to walk away from the mark if an agreement is not reached.

If an agreement is reached, how the agreement is framed is critical. While the parties may agree that use of the marks will not create a likelihood of confusion, it is ultimately the PTO examiner’s decision whether such use is likely to cause confusion.

Listen as our authoritative panel of IP attorneys examines co-existence agreements and the considerations and strategies for each stage of the process from determining whether to pursue an agreement to negotiations to structuring the agreements.

Outline

• Determining whether to pursue a co-existence agreement
  • Investigating the other party and mark
  • Consequences if agreement cannot be reached
  • Antitrust implications
• Negotiating the agreement
  • Key terms
  • Consider public interest
  • Determining areas of distinction
• Structuring the agreement
  • Defining the exact good
  • Delineate respective areas of business
  • Agree marks will not create likelihood of confusion, but examiner to decide
  • Consent to co-exist
  • Retention of rights
  • Future uses
  • Court treatment of such agreements
• Using consent agreements in obtaining registration

Benefits

The panel will review these and other key questions:

• What factors should company and counsel consider when weighing use of a co-existence agreement?
• Do co-existence agreements potentially violate antitrust law?
• What terms should be included in co-existence agreements and how should such agreements be framed to survive examiner scrutiny?

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

Faculty

Barbara Grahn, Partner
Oppenheimer Wolff & Donnelly, Minneapolis
She counsels clients in a range of trademark, copyright and advertising matters. She handles U.S. and international trademark clearance, prosecution and enforcement, brand development and management, trademark and copyright infringement counseling and disputes, domain name issues, advertising compliance, sweepstakes and contest rules, and copyright registrations for large databases and websites.

Stephen Feingold, Partner
Kilpatrick Stockton, New York
His practice focuses on trademark, copyright, advertising and Internet matters. He has handled complex trademark litigation matters and sophisticated transactional projects. He advises clients with large global portfolios on how to effectively and efficiently manage and utilize these assets to further their business objectives privacy issues and other Internet-specific problems.

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.