Trademark attorney Draeke Weseman is co-presenting a Strafford webinar, “Structuring Trademark Clearance Opinions,” on Tuesday, March 12, 2019. This CLE webinar will guide trademark counsel on conducting, analyzing and using trademark searches. Draeke and his co-presenter, Karen Lim of Fross Zelnick Lehrman & Zissu, will discuss overcoming the challenges in the trademark clearance process and outline best practices for preparing clearance opinions.
Before a business adopts a mark, counsel must understand all potential infringement risks. In-house and outside counsel rely on trademark clearance searches to identify those risks. Many courts recognize reliance on trademark searches and counsel’s clearance opinions as a defense to infringement claims.Counsel must carefully analyze the results of the clearance search and assess the risk posed by using the proposed mark. Millions of dollars may ride on the analysis and the decision on how to proceed based on the clearance opinion.However, the assertion of the advice-of-counsel defense may put the privilege waiver at risk. Companies and counsel should consider whether to obtain a formal written clearance opinion. If yes, the circumstances will shape what to include in the opinion letter. Listen as our authoritative panel of trademark attorneys examines the analysis and use of the clearance report, reviews the challenges in trademark clearance, outlines steps to overcome the obstacles, and offers best practices for clearance opinions.
- Analysis and use of search reports
- Clearance challenges and steps to overcome them
- Best practices for preparing clearance opinions
The presenters will review these and other key issues:
- What factors should counsel consider when analyzing a clearance report?
- What strategies can counsel use to overcome the challenges posed by the trademark clearance process?
- What should be included in a trademark opinion letter?
- How can counsel protect client confidentiality when asserting an advice-of-counsel defense?
For more information or to register for this webinar, click here.