Trademark Enforcement: Analyzing Claims, Crafting Cease and Desist Letters, Monitoring Marks, and More

This CLE course will prepare counsel to trademark owners to develop and implement effective trademark enforcement strategies. The panel will review recent developments that may impact trademark enforcement efforts.

Trademark enforcement is essential to the success of a brand. After all, trademark rights are dynamic, they can grow or shrink over time, depending on the actions of the brand owner and third parties who may adopt and use confusingly similar trademarks. Brand owners that sit idle while third parties adopt and use confusingly similar marks will see their scope of rights shrink and diminish over time. A reasonable enforcement strategy will help a business avoid being either maligned online or branded as a trademark bully.

Failure to police a trademark and take action to stop unauthorized use of the mark can not only result in producing narrower rights, but a reduction in the distinctiveness of the mark, laches, acquiescence, and in severe cases, abandonment. Inaction against wrongful use of the mark may diminish the goodwill associated with the owner's goods and services.

Counsel to trademark owners should be prepared to take proactive steps to develop and implement creative, effective, and efficient enforcement strategies to police the trademarks and halt illegal use of the mark to minimize and mitigate the adverse impact on the owner's revenue or reputation.

Listen as our authoritative panel of trademark attorneys shares their insights and perspectives on best practices in bringing effective trademark enforcement actions and designing and implementing creative and reasonable trademark enforcement strategies.