2014: Presentation Descriptions

“Brand Licensing as a New Model for Innovation”
For consumer product companies, innovation is the key to profitable growth, and smart companies are increasing using IP transactions, including trademark licenses, to get partners to develop and launch successful new products for them.
The partnerships that result look a lot different from yesterday’s trademark licensing agreements. They may be joint-ventures; include sourcing agreements; provide for sale or buy-back options; involve the divestiture of an existing line of business; AND include a trademark license.
Not just deal structure, but deal origination looks different through the filter of partnerships. Opportunities and new products no longer come only from licensees, but can be developed by licensees, co-packers, retailers, distributors, and even consumers.
Using case studies from his agency’s work with companies like Nestle Purina, AT&T, Kellogg’s, and Kimberly-Clark, Stephen Reily will explain how trademark licensing, previously perceived as high-risk, may in fact represent the lowest-risk method for using third parties to develop and launch innovative new products.

“How to Represent a Super Hero and Other Mere Mortals”
A practical guide on how to best represent the interests of a licensor (and its famous characters, people and brands) and understanding the key elements of a license agreement. Seth Lehman, Spider-Man’s attorney, will explain the interests of the licensor while Jim Kipling, former General Counsel at Hasbro, will represent the interests of the “lowly licensee” in an interactive discussion on licensing, particularly as it relates to merchandise licensing.

“Trademark Counterfeiting: Infringement on Steroids!”
What exactly is trademark counterfeiting and what can you do about it? If imitation is the most sincere form of flattery, why do brand owners care so much about knock-offs of their products in the market? We will cover all the basics, the civil and criminal remedies, what the government is doing and the legislative framework. We will also cover the very hot topic of third party liability – holding landlords, ISP’s, search engine optimizers, web designers and payment processors liable for the sale of counterfeit goods; rogue website litigation and current industry trends and approaches.

“Iconic Branding”
Some brands seem to transcend their product or service categories to become part of the popular culture. What distinguishes these iconic brands from the rest of the pack, and what can marketers learn from them? Bill Samuels, CEO Emeritus of Maker’s Mark, will discuss what goes into building an iconic brand, steps that must be taken to protect that brand, and the impact a brand can have on your organization.

“Sports Marketing”
Brands are invaluable assets for teams, leagues, conferences, associations, and other properties in the sports industry. This panel will focus on some of the peculiarities of branding and trademark issues for sports industry properties. Team, league, and conference expansion, relocation, dissolution, and voluntary re-branding all raise issues particular to properties in the sports industry. We will also examine underlying trademark issues when developing new team names or logos to grant of rights provisions in media rights agreements as well as legal issues such as the complexities of trademark clearance, enforcement, and business issues such as branding costs and benefits.

“Branded for Growth: The Importance of Branding to Start-Ups”
A panel will talk about the importance of branding to their business, working with designers and attorneys to create a brand, and how the brand is executed and how it can impact the growth of the business. Panelists include designers and representatives from accelerators that have worked to help start-ups develop a brand from scratch with an eye toward exit. Each panelist will share challenges as well as success stories about branding decisions and implementations.

“Branding in the Digital and New Media Arena”
Gone are the days of traditional branding campaigns. No longer are new marketing campaigns developed and rolled out slowly and deliberately, with the brand maintaining full and complete control of all aspects of the campaign and brand message. This panel on digital new media is comprised of in-house counsel who, on a day to day basis, manage digital marketing campaigns for some of the world’s best known brands. The panel will explore trends and developments in the evolving world of digital advertising, and will provide keen insights into how to manage a successful digital campaign, often in real-time. We will discuss the particular legal issues relative to brand protection and brand development that can arise when undertaking a digital promotion, and provide guidelines and best practices for ensuring a smooth and successful campaign. The discussion will also cover use of social media in advertising campaigns and the risk/reward that such campaigns can present to the brand. The panel will discuss how to provide meaningful risk assessments and guidance to brand owners and managers, and will discuss how to get both legal and marketing on the same page so they can work together in this ever-changing landscape.

“Non-Traditional Marks”
Delivering on the promise she made in 2010, Alison returns to provide us with an update on the latest developments in the law of Non-Traditional Trade Marks. She will provide an entertaining international trip around the world exploring trademarks represented by all 5 senses. Learn how the boundaries of what a trademark continue to be pushed further back … and also what an Apple Store and goats on a roof have in common! In particular, Alison will review the current acceptance of various forms of non-traditional trademarks such as light, sound, motion, taste and touch in the major geographies around the world, to enable you to better advise your clients on opportunities to expand their IP portfolios in novel ways. Tan will also touch on potential issues that might arise in the application and enforcement of these new forms of trademarks.

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