Trademark and Unfair Competition Law Developments

Ted Davis, Kilpatrick Townsend & Stockton LLP

Please join us on June 20, 2023, for our next CLE event. This month’s CLE will be held from 12:00 to 1:15 pm via webinar. We anticipate 1.00 General CLE credit in Ohio for this event.

Our presenter will be Ted Davis of Kilpatrick Townsend & Stockton LLP. Mr. Davis will cover recent developments in United States trademark and unfair competition law over the trailing twelve months. In particular, Mr. Davis will discuss the following:

  • The Supreme Court’s Jack Daniel’s and Abitron (pending) opinions;
  • The apparent consensus regarding the role of mark strength in cases presenting allegations of reverse confusion;
  • Clarification by the Sixth Circuit of the test for standing to bring false advertising claims under Section 43(a) of the Lanham Act;
  • Clarification by the Sixth Circuit of the test for trade dress functionality;
  • The possible evisceration of the confirmed/restored presumption of irreparable harm in cases presenting actual of likely violations of the Lanham Act;
  • Bad craziness under New Mexico law; and
  • The USPTO’s proposed revised fee schedule for trademark filings.

The webinar event will be approximately 60 minutes.

Registration is:

  • free for CincyIP members, 
  • free for students and academics, and 
  • $15.00 for non-members. 

Register here by Friday, June 16, 2023, at 5:00 PM. CincyIP will send a webinar link to all registrants after event registration closes.

About the Speaker:

Ted Davis divides his practice between litigation and client counseling in the fields of trademark, copyright, false advertising, and unfair competition law. He is a member-elect of the American Bar Association’s Board of Governors and a past chair of the ABA’s Section of Intellectual Property Law, on behalf of which he has testified before Congress on trademark and Internet issues. He also has served on the American Intellectual Property Law Association’s Board of Directors and on the Executive Committee of the International Trademark Association. He frequently serves as an expert witness in trademark-related matters and is an adjunct professor at the Emory University School of Law.