Webinar: Supreme Court’s Recent Trademark Cases

The FBA’s Intellectual Property Law Section is hosting this CLE program regarding two of the Supreme Court’s Lanham Act decisions from the 2022 Term:

The U.S. Supreme Court’s Bad Spaniels Case
On June 8, 2023, the U.S. Supreme Court issued its long-awaited opinion in Jack Daniel’s Properties, Inc. v. VIP Products LLC, holding that parody trademarks do not receive special First Amendment protection when they function as trademarks.  This talk will review the decision and its possible implications for future parody trademarks, as well as guidance gleaned from the concurring opinions regarding the use of brands in creative works and the use of surveys in litigation.

Abitron Case Regarding Extraterritorial Application of the Lanham Act
This part of the program will discuss Abitron Austria GmbH v. Hetronic International, Inc., issued June 29, 2023, in which the Supreme Court, for the first time in seventy years, has decided a case involving the extraterritorial application of the Lanham Act. In so doing, it has resolved a circuit split on the applicability of the Lanham Act actions involving foreign conduct.  In Abitron, the Court concluded that the Lanham Act applies only to domestic conduct and does not apply extraterritorially to purely foreign sales that never reached the United States or confused U.S. consumers. Abitron is an important case because of the Court’s restrained view on the extent to which a U.S. company may seek damages for exterritorial trademark infringement.  The talk will review the Court’s reasoning and speculate on the practical ramifications of the decision.

Presented on behalf of the Intellectual Property Law Section. 

About the Presenters

Moderator: Oliver A. Ruiz, Chair of the FBA’s Intellectual Property Law Section
Oliver A. Ruiz is a Partner with Malloy & Malloy, P.L., Florida’s Oldest IP Law Boutique. He is Board Certified by the Florida Bar in Intellectual Property Law and represents clients in intellectual property disputes and litigation matters, as well as, in transactional matters, such as applications for trademark registrations. He regularly represents clients in IP litigation in federal courts and in U.S. Trademark Trial and Appeal Board proceedings. Mr. Ruiz is rated AV Preeminent by Martindale-Hubbell and is admitted to practice law in Florida and North Carolina state courts.

Daan G. Erikson, Partner, Husch Blackwell LLP
Daan G. Erikson is a partner in the Boston office of the law firm Husch Blackwell LLP. Mr. Erikson advises Fortune 500 companies, startups, and individual authors on trademark, copyright, and right of publicity matters. He leverages his knowledge of the food and beverage business, from manufacturing to distribution to retail sales and foodservice, to help clients such as packaged food companies and others protect their brands and creative works. He also regularly advises clients on practical considerations in branding strategy and social media promotions and on the legalities surrounding sweepstakes and contests. Before joining the firm, Daan researched copyright law and policy at the Fordham IP Institute, where he interfaced with judges, practitioners, academics and government leaders from around the world, including heads of agencies such as the U.S. Copyright Office, European Commission, U.S. Patent and Trademark Office (USPTO), U.S. Trade Representative and the World Intellectual Property Organization (WIPO). During law school, Daan served as a judicial extern to the Honorable Richard Fruin of Los Angeles Superior Court and interned in HBO’s Santa Monica, California, office.

Prof. Marshall A. Leaffer, Distinguished Scholar in Intellectual Property
Marshall Leaffer is Professor of Law at Indiana University, Maurer School of Law. At Indiana since 1997, Leaffer teaches Copyright Law, Trademark Law, Intellectual Property Survey, and International Intellectual Property. He is the author of three books and numerous articles, including the best-selling treatise, Understanding Copyright Law, now in its 7th edition. Leaffer is also the author of Copyright Law: Cases and Materials, 10th edition and International Treaties on Intellectual Property, 2d edition. His current research focuses on the interplay of intellectual property law in a global marketplace. Before becoming a full-time teacher, he practiced trademark law with American Home Products Corp. and the firm of Haseltine Lake & Waters in New York. He also has served as attorney-advisor to the U.S. Patent and Trademark Office and the U.S. Copyright Office. Leaffer is a popular speaker in both the United States and Europe on all areas of intellectual property law and has been honored as both a scholar and lecturer. He currently serves on the international executive committee of the Association Littéraire et Artistique Internationale, a non-governmental institution based in Paris, that promotes the rights of authors worldwide.

Registration

Registration for this webinar is now closed.

Attendees will receive the zoom streaming link in their confirmation email. Streaming information will also be circulated via email after registration closes the day prior to the webinar date.

• FBA Member: $0
• Nonmember: $75

Accessibility: Closed captioning and dial-in is available for all virtual webcasts.

Cancellation Policy: No refunds will be made for notices of cancellation received within seven (7) days of the webinar date. No-shows will be billed. Substitutions may be made up to one business day prior to the event except as the Association otherwise agrees in writing. Please contact meetings@fedbar.org with cancellation and/or substitution requests.

Internet Requirements: Virtual programs require suitable internet strength to stream online panels. A minimum internet connection of 800 Kbps is recommended for an optimal attendee experience. Test your connection here. 

CLE

(!) Please note: CLE for this webinar has not been pre-approved. Applications and subsequent reporting will be filed post-event.

The FBA will seek 1.0 General CLE credit hours in 60-minute states, and 1.2 General CLE credit hours in 50-minute states.

Posted credit hours are estimated and subject to respective state approval and rounding rules. CLE qualifications vary by state/jurisdiction and the FBA takes every measure to collaborate with presenters to ensure approval.

Credit will be processed/reported approximately 4-6 weeks after the event date and available for credit in states that allow credit for live webinar presentations. You must attend the live broadcast, answer engagement polls, and accurately enter your bar number in registrant forms to receive credit. Certificates and required documentation for self-reporting states will be issued via email, upon state bar approval. Thank you in advance for your patience, as state bars are experiencing significant delays with virtual program processing.

Access more information about CLE Attendance & Reporting.

Email Communication Policy: By registering for this event, you agree to receive email communications from the Federal Bar Association and affiliated sponsors of the program concerning event details, Continuing Legal Education certification, programming changes, upcoming events, surveys, and post-event communications.

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If you have any questions regarding this program, please contact meetings@fedbar.org.