News & Press
Trademark Clearance Opinions
Susan Upton Douglass, Partner at Fross Zelnick Lehrman & Zissu, will participate as a panelist in this phone/web seminar sponsored by Strafford Webinars and Teleconferences. The panelists will provide guidance to trademark counsel on analyzing and using trademark searches and overcoming the challenges of the trademark clearance process.
Before adopting a mark, a business must understand all potential infringement risks. In-house and outside counsel rely on trademark clearance searches to identify those risks. Many courts recognize reliance on trademark searches and counsel's clearance opinions as a defense to infringement claims. Counsel must carefully analyze the results of the clearance search and assess the risk posed by use of the proposed mark. Millions of dollars may ride on the analysis and the decision on how to proceed based on the clearance opinion. However, the assertion of the advice of counsel defense carries the risk of privilege waiver. Companies and counsel should weigh the risks of having a formal written clearance opinion. If such an opinion is sought, the circumstances will shape what should be included in the opinion letter. This is an encore presentation with live Q&A. Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A. For more information or to register