Guarding Your Brand: Trademarks Tips, Insights and Strategies

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The first half of 2015 has presented several changes in the trademark arena.  For the first time in a decade, the U.S. Supreme Court opined on substantive trademark issues – and, in fact, did so in two cases.

We will discuss each of these cases – B&B Hardware, Inc. v. Hargis Industries, Inc., which held that Trademark Trial and Appeal Board decisions can carry preclusive effect in subsequent civil court actions; and Hana Financial, Inc. v. Hana Bank, which held that the jury should decide priority issues between parties in certain circumstances.  While each decision addresses what may seem to be technicalities of procedures in trademark cases, the implications of each can be far-reaching.  Brand owners and their lawyers may need to change strategies as to when and if they should seek trademark registrations, modify company names and logos, or challenge other brand owners.

The webinar is designed to discuss other trends that have been in the news and on (or which should be on) the minds of trademark owners. These include developments on the new gTLD front (including the dot-sucks domain name extension).  The webinar also will provide updates on the ongoing battles over registering potentially disparaging names, such as The Redskins football team and The Slants band name.

Educational Objectives:
• Discuss implications of the Supreme Court’s decisions on case strategy before the Trademark Trial and Appeal Board and civil courts
• Address implications of amending a trademark and tips on what to do–or not do–to protect brands in the new generic top-level domains extensions
• Explore the most discussed trademark developments
• Provide updates on the ongoing battles over registering potentially disparaging names

Who would benefit most from attending this program?
Companies, directors, corporate law practitioners interested in obtaining knowledge about trademarks.



David Bell is a partner at Haynes Boone LLP.  With a robust depth of trade dress knowledge, David clears and protects designs for products, packaging, and service businesses, including for footwear, apparel, foods and beverages, cosmetics, and restaurants. David also investigates and prosecutes fraud online, including spam emails and fraudulent gift card offers, and addresses online and social media scams.  And David has extensive experience with international and complex trademark clearance searches.  He builds and enforces trademark applications and other intangible assets worldwide.  This includes through litigation, Trademark Trial and Appeal Board proceedings, foreign legal proceedings, and administrative domain name proceedings. As Chair of the firm's Social Media Practice Group, David trains companies on social networking trends, prepares social media policies, provides thorough copyright, branding and other counseling, and draws from an interdisciplinary team of lawyers to meet any client’s needs.   David is the editor of a social media law treatise, Corporate Practice Series Portfolio No. 91, Social Media Law, Bloomberg BNA, August 1, 2013. Given the breadth of his experience, David is regularly called upon to speak and write on a wide array of intellectual property topics and has more than 50 speeches and published works to his name. He is a member of the Texas bar.