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Advanced Trademark Law 2019: Current Issues


Speaker(s): Dean Eyler, Hon. Karen Kuhlke, Jonathan Z. King, Kieran G. Doyle, Larry J. Cohen, Leslie J. Lott, Sean D. Garrison, Stephanie H. Bald, Stephen R. Baird
Recorded on: Mar. 13, 2019
PLI Program #: 251271

Dean Eyler is a principal at Gray Plant Mooty in Minneapolis.  Dean practices intellectual property litigation, and he chairs the firm’s Intellectual Property Litigation team.  Dean graduated from the University of Iowa College of Law, with high distinction, and clerked for the Honorable Donald P. Lay, former chief judge of the Eighth Circuit Court of Appeals.  Dean has two decades of experience litigating IP cases, with particular emphasis in trademark infringement and unfair competition cases.  Dean has been repeatedly recognized by World Trademark Review, where he has been described as “a go-to on complex or unusual disputes.”  He is the chair of AIPLA’s Trademark Litigation Committee.


Karen Kuhlke is an Administrative Trademark Judge with the Trademark Trial and Appeal Board (TTAB).  Ms. Kuhlke began her career with the United States Patent and Trademark Office (USPTO) in 1994 as a Trademark Examining Attorney.  In 1999, she became an Interlocutory Attorney at the TTAB.  She has been in her current position since 2005.  Prior to joining the USPTO, she was an attorney with the law firm of Steptoe & Johnson in the Washington D.C. office.  She received her undergraduate degree from the University of Kansas, her M.A. in geography from Columbia University and her J.D. from Georgetown University Law Center.


Larry J. Cohen is a certified specialist in injury and wrongful death litigation who has focused in his more than thirty-three years of law practice on serious medical injury and emotional damages cases, including especially brain injury claims. He received his

J.D. from Northwestern University in 1985, and has been admitted to practice in Arizona since 1985. Mr. Cohen also has a Master’s degree and a Ph.D. from Syracuse University and has participated in a post-doctoral program in clinical neuropsychology. He continues as a member of the adjunct faculty at the Sandra Day O’Connor College of Law at Arizona State University where he has taught courses in professional responsibility, pretrial practice and professional liability. He taught and did research at the University Michigan School of Law and at the University of Illinois-Chicago, and

taught on the adjunct faculties of the Arizona Summit School of Law, the Arizona School of Professional Psychology, now Argosy University, Midwestern University, and Norwich University. Mr. Cohen speaks nationally to groups of lawyers, other professionals, insurance companies, governmental entities, risk managers and other interest groups about litigation and trial practice matters, legal ethics, alternative dispute resolution, and issues in brain damage, law and medicine and law and psychology. He has received awards from the Maricopa County Bar Association, the State Bar of Arizona and the State Bar of New Mexico for excellence in continuing legal education. He also received a President’s Award from the State Bar of Arizona for contributions in continuing legal education. He has for many years been listed by Southwest Super Lawyers and Arizona’s Finest Lawyers as among the best lawyers in Arizona and has been was recognized by the National Association of Distinguished Counsel as among the top one percent of lawyers in the United States.


Leslie J. Lott is a founding partner of Lott & Fischer, an intellectual property law firm, with offices in Coral Gables, Florida.   Ms. Lott is a past member of the Florida Bar Board of Governors.  She has served on the Trademark Public Advisory Committee of the United States Patent and Trademark Office.  She was actively involved with the International Trademark Association for many years, having served two terms on the Board of Directors, and was named to the Panel of Distinguished Neutrals for the Resolution of Trademark Disputes. 

Ms. Lott was named “Lawyer of the Year” in Trademark Law for the Miami area for the 2018 edition of The Best Lawyers in America®, and was named “Lawyer of the Year” in Patent Litigation for the Miami area for the 2017 edition. In 2016, she received the Dade County Bar Association’s Legal Luminary Award.

She was named one of Florida’s Top 50 Female Florida Super Lawyers, and has repeatedly appeared in Florida Super Lawyers magazine in the intellectual property category. She was among the first in the country to be certified as a specialist in intellectual property law, and is past chair of the Intellectual Property Committee of the Florida Bar.  


Sean Garrison is a partner with Bacal & Garrison Law Group in Scottsdale, Arizona with 26 years of experience representing clients in trademark and other intellectual property matters.  Mr. Garrison represents clients in a variety of industries, including financial services, education and restaurants and pubs. He manages national and international portfolios for numerous clients and regularly represents them in enforcing and defending their rights.

He practices regularly before the Trademark Trial and Appeal Board (TTAB), where he prevailed for his clients in two of the earliest Accelerated Case Resolution (ACR) decisions issued by the TTAB.

Mr. Garrison currently serves as the Vice Chair of the Trademark Law committee for the American Intellectual Property Association and is former Chair of AIPLA’s Trademark Litigation committee.

Mr. Garrison is co-author of the U.S. Trademark Registration chapter of the International Trademark Association’s Trademark Administration and of the Arizona chapter of INTA’s U.S. State Trademark and Unfair Competition Law, as well as "The preclusive effect of Trademark Trial and Appeal Board decisions", published by World Trademark Review in 2016.

He has been listed in The Best Lawyers In America® since 2007, including six different categories of IP law in the 2019 edition.  He has been named among the World Trademark Review’s WTR 1000 practitioners since 2016.

Mr. Garrison received his B.A. with Distinction from the University of North Carolina at Chapel Hill, graduating Phi Beta Kappa. He received his J.D. from the Columbia University School of Law.


Jonathan King is Chairman of Cowan, Liebowitz & Latman.  He has handled intellectual property litigations in a wide range of industries, including music, fashion, sports, pharmaceuticals and healthcare, software, advertising, licensing, publishing and various consumer products. His practice encompasses the full gamut of intellectual property subjects, including trademarks, copyright, trade secrets and the licensing of intellectual property. He regularly tries copyright and trademark infringement cases in the federal courts and handles opposition and cancellation actions before the Trademark Trial Appeal Board.

Jonathan’s engagements have included a number of landmark intellectual property matters, including some of the first cases involving the use of trademarks as internet keywords, and the application of copyright law to the “resale” of digital files. He also has extensive experience in the design and effective use of use of consumer surveys in Lanham Act litigation, and has deposed and examined at trial many of the leading market research experts. 

HONORS & RECOGNITIONS

“Cowan is by far the best firm we’ve worked with and Jonathan Z. King is the principal reason. . . .In [one] case . . . the company threw a ton of money and resources against us, with a large trial team . . . but Jonny simply ripped them apart with his courtroom abilities and his sharp analysis of trademark law supporting our case.  He’s so smart and really understands our business, but is also incredibly unpretentious and down-to-earth.”  2018 Law.com

Jonathan King with Richard Mandel "when teaming up they are the best of the best and achieve exceptional results, time and time again."  2018 WTR 1000 - The World's Leading Trademark Professionals

  • Recognized by The Legal 500 in Trademark Litigation and Copyright Litigation (2013 - present)
  • New York "Super Lawyers" in Intellectual Property Litigation (2007 - present)

COMMUNITY & PROFESSIONAL ACTIVITIES

  • Member, Copyright Society of the United States
  • New York State Bar Association
  • Professional jazz pianist with three CDs to his credit

EDUCATION

  • Harvard University Law School (JD 1991, cum laude)
  • Princeton University (BA 1987, summa cum laude; Phi Beta Kappa)


Kieran litigates trademark, copyright and product labeling matters in federal and state courts and counsels clients regarding trademark clearance, registration, prosecution, licensing and protection.  He also represents brandowners before the Trademark Trial and Appeal Board.  Kieran's clients include fashion, footwear, hair care and skin care companies, publishers, professional sports marketing and merchandising companies, restaurants, food and beverage manufacturers as well as businesses in the burgeoning medical marijuana industry.  Among others he has represented Major League Baseball Properties, Inc., QVC, Inc., HIGH TIMES Magazine, Edible Arrangements, Vogue International, and Iconix Brand Group, Inc.

HONORS & RECOGNITIONS

Kieran Doyle is known to be "knowledgeable and easy to deal with, he adopts a pensive and nuanced approach."  2018 WTR 1000 - The World's Leading Trademark Professionals

"[Cowan, Liebowitz & Latman’s] contentious and noncontentious practices dovetail seamlessly, with Kieran Doyle epitomizing this approach: 'He is a great all-rounder.' 'While skilled in prosecution and licensing, it is Doyle's talent as a litigator that makes him stand out.' He has long been considered an expert on trademarks for marijuana-related products, which is now paying real dividends as states begin to legalize the drug."  2017 WTR 1000 - The World's Leading Trademark Professionals 

WTR 1000 World Leading Trademark Professionals (2016, 2017, 2018)

New York "Super Lawyers" in Intellectual Property Law (2014 to present)

Prior Experience

  • Patterson Belknap Webb & Tyler LLP, Associate (1995 - 98)
  • Legal Aid Society, Federal Defenders Division, Paralegal (1990 - 95)

    Affiliations

  • Adjunct Professor, Trademark Law, New York University School of Continuing and Professional Studies.  (2007- Present)
  • Co-chair; Practicing Law Institute Advanced Seminar in Trademark Law (2008-Present)
  • Vice-chair, American Intellectual Property Law Association Trademark Law Committee (2010 -2012)
  • Chair, AIPLA Anti-Counterfeiting and Anti-Piracy Committee (2006-2010)
  • Contributor to Copyright Annual Review (1998-2006)

Education

Fordham University School of Law (JD 1995; Law Review: Associate Editor 1993 - 95)

Fordham University (BA 1990)

Bar Admissions

New York

United States District Courts - Southern and Eastern Districts of New York

 



Ms. Bald is a Partner at Kelly IP, LLP, in Washington, DC, where she specializes in trademark and unfair competition litigation, disputes, and strategic counseling. She represents clients in federal courts across the country and before the USPTO’s Trademark Trial and Appeal Board. She also handles domain name disputes under the Uniform Domain Name Dispute Resolution Policy (UDRP) and has significant experience managing global trademark portfolios and advising clients on the selection, use, registration, enforcement, and licensing of trademarks.

Ms. Bald has been named to Managing Intellectual Property’s Top 250 Women in IP (2014-2018), named to the World Trademark Review 1000 (2016-2018), and recognized as an “IP Star” by Managing Intellectual Property (2014-2018). She was recently appointed by the Secretary of Commerce to serve a three-year term as a member of the USPTO's Trademark Public Advisory Committee (TPAC). Ms. Bald is also active with the American Intellectual Property Law Association (AIPLA), where she has served as the chair and vice chair of the Trademark Law and Trademark Litigation Committees.

Ms. Bald has spoken and written extensively on a wide variety of trademark issues, including as a contributing author to leading publications on trademark remedies and TTAB practice and procedure. Stephanie also serves as an Adjunct Professor at American University's Washington College of Law where she has taught an advanced course on Trademark Practice and Procedure for many years.

Ms. Bald received a bachelor's degree in English Literature and French from Denison University, and her law degree and master’s degree in International Politics from American University.


Steve Baird has more than 25 years of experience in protecting the trademarks associated with brands. As chair of Winthrop & Weinstine’s intellectual property, trademark and brand protection groups, Steve represents brand owners of all different sizes, shapes, and industries. He has been listed as a Super Lawyer® every year for more than fifteen years, he has been named a top 100 Super Lawyer® in Minnesota, and he has been twice named an Attorney of the Year by Minnesota Lawyer, most recently in 2013. Steve is also recognized in both Gold Bands of the World Trademark Review 1000 for his distinction in the field of trademark law, spanning trademark enforcement, litigation, prosecution, and strategy. He also has been recognized by IP Stars and Best Lawyers in America for more than five straight years. Steve regularly blogs about trademarks, marketing, and advertising through Winthrop & Weinstine’s award-winning DuetsBlog. Launched just over ten years ago, DuetsBlog is designed to facilitate a more graceful collaboration between legal and marketing types, and it is consistently recognized as one of the top ten IP blogs throughout the world. Steve has been recognized for the past two years by JD Supra as one of the top two thought leaders in the field of trademarks. In addition, Steve has earned top accolades from one of the world’s leading marketing guru’s and New York Times Best Selling Authors Seth Godin, who has consistently praised Steve’s DuetsBlog writing and engagement, calling it “brilliant,” “erudite,” “one of my favorite blogs,” “refreshing,” “endlessly interesting,” and asking “If you need a trademark lawyer, who are you going to call? Some drone or your friend Steve?”