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10/22: Trademark/Right of Publicity
October 22, 2020 4:00 PM to 5:30 PM
Location
Credits
90 CLE Minutes
Topic:
Trademark/Right of Publicity:The Collision Between the First Amendment and Trademark Law; The Evolving Circuit Split on the Use of Marks in Creative Works. Is the 2nd Circuit's seminal Rogers v. Grimaldi the best test? A deep dive on competing tests, with an emphasis on the parties' burdens under Rogers.
Moderator: Jennifer A. Van Kirk, Lewis Roca Rothgerber Christie, Phoenix, AZ
Speakers:
Your Right to Say It Stops at My Mark: The complicated relationship between the First Amendment and the likelihood-of-confusion test for infringement. -- Lauren Emerson, Leason Ellis, White Plains, NY
Balancing Persona-Based Rights, the First Amendment and Trademark Law; I Didn't Endorse That! The differences between claims for false endorsement under §43(a) of the Lanham Act and under state right of publicity statutes and common law. -- Paul Safier, Ballard Spahr, LLP, Philadelphia, PA
So Many States, So Many Remedies: A comparison of the many state's nationwide injunctions and the possible need for a federal right-of-publicity statute. -- Nicole Berkowitz, Baker Donelson Bearman Caldwell & Berkowitz, PC, Memphis, TN
Register 'Em if You Got 'Em: Protection and Enforcement of Marks in the Cannabis Industry. -- Alison Malsbury, Harris Bricken, San Francisco, CA
Speakers
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Van Kirk, Jennifer
Lewis Roca Rothgerber Christie | Partner
Jennifer Van Kirk counsels clients on a wide variety of IP matters, including all aspects of trademark and brand protection: trademark clearance, prosecution, licensing, portfolio management, and litigation guidance. Her experience includes traditional marks as well as 3-dimensional marks, motion marks, service trade dress, and packaging trade dress. She also assist clients with identifying, protecting, and licensing copyrights and rights of publicity for use in products and advertising and protecting and licensing clients' copyrights and rights of publicity. -
Malsbury, Alison
Harris Bricken | Attorney
Alison Malsbury has assisted clients with contracts, company formation, intellectual property protection, and regulatory compliance, and enjoys working with creative entrepreneurs at all stages of business development. She has a strong and growing practice representing celebrities on their cannabis endorsement deals and helping cosmetic and skin care companies navigate the complicated laws involving CBD. -
Berkowitz, Nicole
Baker Donelson | Associate
Ms. Berkowitz has a diverse practice assisting clients in various intellectual property and complex commercial litigation matters. She has substantial experience litigating patent, trademark, and copyright infringement disputes as well as trade secret matters. -
Safier, Paul J.
Ballard Spahr LLP | Of Counsel
Paul J. Safier's practice focuses on representing news, entertainment, and other media clients in defamation, privacy, false advertising, copyright, and trademark lawsuits, as well as representing the press and public in seeking access to court and government records. -
Emerson, Lauren
Leason Ellis | Partner
Lauren Emerson co-chairs the Trademark and Copyright Practice Group at Leason Ellis where she helps clients establish and enforce intellectual property rights. Lauren counsels household names and new ventures alike across a diverse array of industries including consumer products, fashion, payment technology, energy, telecom, medical devices, retail, software, automotive, and food and beverage.