The Supreme Court decision in B&B Hardware, Inc. v. Hargis Industries, Inc., No. 13-352, 2015 WL 1291915 (U.S. Mar. 24, 2015) fundamentally changes the assumption that the right to register a trademark and the right to use it are different rights, to be tried by different tribunals, viewing different facts in different contexts. Now, a determination of the right to register a trademark by the Trademark Trial and Appeal Board in an opposition proceeding can preclude a separate determination of the right to use a mark by a U.S. District Court in federal trademark infringement litigation.
In order to effectively counsel clients, trademark attorneys must understand this paradigm shift and the consequences and opportunities it creates for trademark clients. With this goal in mind, the panelists will thoroughly discuss the B&B Hardware decision and its effect on trademark practice.
Bios:
Stephen R. Baird
Winthrop & Weinstine, P.A.
Stephen R. Baird has more than 20 years of experience in trademark law. As chair of Winthrop & Weinstine’s intellectual property group, Stephen counsels clients on significant trademark matters, including trademark registration, litigation, and enforcement. He has been listed as a Super Lawyer® every year for more than a decade, he is a top 100 Super Lawyer® in Minnesota, and he has been twice named an Attorney of the Year by Minnesota Lawyer, most recently in 2013. Stephen is also recognized in the World Trademark Review 1000 for his distinction in the fields of trademark prosecution and strategy and trademark enforcement and litigation. Stephen regularly blogs about trademarks, marketing, and advertising through Winthrop & Weinstine’s award-winning
DuetsBlog. In the short span of five years, DuetsBlog, designed to bridge the gap between legal and marketing types, has been recognized as one of the top twenty-five IP blogs of all time throughout the world.
Patrick J. Gallagher
Norton Rose Fulbright
Patrick J. Gallagher is a partner in the IP Brands Practice Group at the global law firm Norton Rose Fulbright, where his practice focuses on trademark counseling, portfolio management and enforcement. Patrick has practiced trademark law for 15 years and regularly speaks about managing and protecting trademarks in domestic, international, and online environments. Patrick is also recognized in the World Trademark Review 1000 for his service in trademark prosecution and strategy. Patrick is an Editor of Norton Rose Fulbright’s
The Brand Protection Blog.
Draeke H. Weseman
Weseman Law Office, PLLC
Draeke H. Weseman is the owner of
Weseman Law Office, PLLC, (http://www.wesemanlaw.com) a solo law firm he founded in 2010. Draeke has represented and counseled clients in trademark infringement actions and opposition proceedings and concerning trademark protection and registration. Draeke has previously presented CLEs on topics in trademark law for the Minnesota State Bar Association, Minnesota CLE, and Thomson Reuters.
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