Trademark and Domain Name Developments (from Annual Virginia Intellectual Property Legal Institute 2020) (Online Seminar)

A pre-recorded streaming AUDIO replay of one session from the October 2020 seminar, 21st Annual Virginia Intellectual Property Legal Institute.

In this session, John Farmer offers insights into the latest trademark and domain name developments.

Topics covered include:

• Is willfulness a prerequisite to recovering damages for mark infringement?
• When is a name generic? The Supreme Court pulls the reins on the USPTO
• Did the Supreme Court stop the USPTO from recovering its attorney fees if you appeal to District Court?
• Can you use real-world facts in USPTO likelihood-of-confusion cases?
• Can you phase out a mark and still stop others from taking it up?
• Is “defense preclusion” a real bar to later-filed trademark litigation?
• When can you NOT sue an intent-to-use mark-registration applicant in federal court?

COURSE PLANNER AND FACULTY

John B. Farmer, Leading-Edge Law Group, PLC / Richmond