The High Tech Law Institute is pleased to welcome Austin Phillips, IP Counsel, Trademark and Marketing with Facebook, Jessica McDonald, Trademark Attorney with Schwegman Lundberg & Woessner and Santa Clara Law Professor Tyler Ochoa (moderating).
This panel will discuss highlights from trademark case law during the first seven months of 2020. Cases to be discussed include U.S. Patent and Trademark Office v. Booking.com, B.V., a Supreme Court case rejecting a per se rule that a generic term combined with “.com” must also be generic; Romag Fasteners, Inc. v. Fossil, Inc., a Supreme Court case rejecting a categorical rule that “willfulness” is required to award profits for trademark infringement; In re Forney Industries, Inc., a Federal Circuit decision rejecting a categorical rule that a mark consisting of multiple colors on product packaging cannot be inherently distinctive; VIP Products v. Jack Daniel’s Properties, holding that a dog toy resembling a bottle of Jack Daniel’s whiskey but with humorous dog-related modifications is an expressive work that is entitled to First Amendment protection under the Rogers standard; and AM General v. Activision Blizzard, holding that the depiction of Humvee military vehicles in the Call of Duty videogames is protected by the First Amendment under the Rogers standard.
CLE: This event qualifies for 1 hour of California Continuing Legal Education. Please follow the directions hereto obtain MCLE credit for this event.
Santa Clara Law is a CA State Bar approved provider.
This event is co-sponsored by the High Tech Law Institute at Santa Clara Law, Schwegman Lundberg & Woessner and Facebook.