There was a problem adding this course to your account. Please try again in a few minutes. If the problem persists, you can contact our support department at (877) 880-1335.
Adding Registration, Please wait...
You must be logged in to perform this action.
Log in
Cancel
Trademark Cases To Remember From A Year To Forget
Intellectual Property Law Section; Trademark Interest Group
The TTAB is where the rubber hits the road in terms of trademark registrability. Speakers shall peruse a formidable pile of failure-to-function cases that have made the trademark practitioner’s journey more problematical. The TTAB’s latest surname decision raised the bar to registration, and it decisions on Section 2(e)(5) functionality continue to trip up would-be registrants of product configurations. Speakers will address SCOTUS’ Lexmark decision on “standing,” and the TTAB’s consideration as to whether a plaintiff is “entitled to bring a cause of action.”
Turning to the contours of trademark registrability, the speakers will discuss SCOTUS’ decision in the genericness case involving the mark BOOKING.COM, the Tiffany v. Costco lawsuit involving Costco’s use of the term “Tiffany Setting,” and consider how functionality limits the protection of product configuration, including protection of Gorilla Glue blister packs, the POCKY-brand chocolate cookie sticks, and a rainbow of adhesives in a dental adhesive gun.
The speakers will review appellate cases targeting the RedBubble online marketplace and the issue of intermediate liability, and the issue of parody and free speech, as it relates to the BAD SPANIELS dog toy case, and the recent Nike “Satan Shoes” dispute.
1.5 Participatory MCLE Credits
Customers Who Bought This Item Also Bought
(CLEtoGo (Podcasts)) Navigating the New Ethical Rules: Traps for the Unwary
(CLEtoGo (Podcasts)) Shelter In Place Institute: Copyright Trolls & Ethics: A Case Study on Richard Liebowitz
(OnDemand) Shelter In Place Institute: Copyright Trolls & Ethics: A Case Study on Richard Liebowitz
(OnDemand) CPRA v. CCPA: Part 1 - Major Changes and What Businesses Need to Know
(CLEtoGo (Podcasts)) Copyright Infringement & Social Media: Embedding in a State of Flux
(Self Study Articles) Campaigns And Copyrights: The Use And Misuse Of Music By Politicians
(OnDemand) “Copyright Office Comes to California” Copyright Policy in 2021 - Day 1
(OnDemand) “Copyright Office Comes to California” Copyright Litigation and Registration - Day 2
(Self Study Articles) The Digital Art Revolution: Intellectual Property Issues of NFTs
(OnDemand) Staying on Track – Ethics Issues You Ought to Know about & Other Chilling Stories
(OnDemand) The New Landscape of NCAA NIL (Name/Image/Likeness) Deal Making
(Self Study Articles) The Nascent Showdown Between the Ninth Circuit’s Server Test and Its Detractors
We are committed to accessibility! All OnDemand programs after January 1, 2022 include closed captioning. To request closed captioning for a program older than January 1, 2022, send us a note at accessibility@calawyers.org or contact us at 916-516-1760 for assistance.
Adding Registration, Please wait...
