2022MWI 1320x300

In This Section

10/22: Trademark/Right of Publicity

October 22, 2020 4:00 PM to 5:30 PM

Location

Virtual - all times are eastern daylight time

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

  • Van Kirk, Jennifer square200 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, A200 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 Square200 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, Paul200 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, Lauren200 Emerson, Lauren

    Leason Ellis | Partner

    Lauren is a partner in 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 device, retail, software, automotive, and food and beverage. She also works with individual authors and artists and advises several non-profit organizations. Lauren has significant experience managing global trademark portfolios, crafting complex rights agreements, tackling thorny prosecution issues in China, and representing clients before the Trademark Trial and Appeal Board. Federal litigation highlights include cases pertaining to toy sprinklers, sippy cups, romance novels, and in-dash navigation systems. She holds a JD from Fordham University School of Law and a BA from Dartmouth College. Before attending law school, Lauren enjoyed a prior career in licensing at Pokémon USA, Inc.