Trademark law requires trademark owners to vigilantly protect their trademark rights from encroachment by both willful and innocent infringers. But some trademark litigation tactics have been called into question by the public, by the media, and just a few years ago, by the United States Patent and Trademark Office in an official report to Congress. As a result of this increased scrutiny, trademark counsel should develop a keen understanding of which trademark enforcement efforts cross the line between useful, necessary policing and trademark bullying. Doing so will help trademark counsel protect and serve their clients in trademark matters while lowering the risk that their clients will be swept up in a public shaming campaign.
With this goal in mind, the panel of attorneys will discuss trademark enforcement tactics in a variety of environments and from a variety of perspectives to help webcast participants advance their understanding of trademark bullying and how to avoid this unfortunate label.
Attorney Biographies
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. Stephen has been listed as a Super Lawyer® every year for the last decade and 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. Stephen regularly blogs about trademarks, marketing, and advertising through Winthrop & Weinstine’s DuetsBlog at http://www.duetsblog.com.
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 at http://brandprotection.nortonrosefulbright.com.
Draeke H. Weseman
Weseman Law Office, PLLC
Draeke H. Weseman is the owner of Weseman Law Office, PLLC, 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. He recently spoke about trademark bullying on a panel at the Midwest Intellectual Property Institute in 2013.
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