10/22: Trademark/Right of Publicity
October 22, 2020 4:00 PM to 5:30 PM
90 CLE Minutes
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
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
Van Kirk, Jennifer
Lewis Roca Rothgerber Christie | PartnerJennifer 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.
Harris Bricken | AttorneyAlison 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.
Baker Donelson | AssociateMs. 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 CounselPaul 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.
Leason Ellis | PartnerLauren Emerson develops and executes strategies for protecting brands around the world. Her practice includes all aspects of trademark searching and clearance, as well as the prosecution of trademark and copyright applications through to registration. Lauren has experience protecting both traditional and non-traditional marks, including sound marks, scent marks and retail store trade dress.