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Seminars

Feldman Gale is pleased to host the upcoming INTA (International Trademark Association) U.S. Roundtable: Legal Issues in Marketing and Advertising

(Printable PDF)

The Roundtable is open to all INTA members as well as non-members and will be held as follows:

Date:  January 17, 2007

Time:  Noon - 2:00 pm

Location:  Feldman Gale, 201 South Biscayne Boulevard, 19th Floor, Miami, FL 33131

Cost:  $45 (members/non-members)

Members may register on-line; non-members must use printable program registration form.

Space is limited and attendees must be pre-registered.

CLE is pending and certificates will be sent to attendees after the roundtable.

Discussion Outline:

  1. Comparative Advertising
    1. Use of a competitor's mark in a truthful comparative advertisement
    2. False and/or misleading advertising
    3. "Materiality": What is the affect on consumers' purchasing decisions?The Lanham Act, Section 43(a) as a federal vehicle for false advertising cases
  2. Internet Advertising
    1. Keyword advertising program, e.g., Google® AdWords
    2. Trademark Complaint Procedures
  3. Branded Entertainment
    1. What is it? Coordination of commercials and collateral promotions with branding within a TV program.
    2. How can trademark owners/advertisers control the brand image?
    3. Right to use editorial content
    4. Ability to build collateral marketing campaigns around the show
    5. Examples
  4. Idea Submission
    1. Implied-in-fact contracts
    2. Corporate strategies for handling intake of idea submissions (solicited and unsolicited)
  5. Fair Use
    1. Commercial vs. noncommercial speech: What constitutes "non-commercial speech?"
    2. Should application of the Lanham Act be restricted to "commercial speech?"
    3. Nominative fair use for commercial speech: Non confusing use of another's trademark to identify, not the defendant's goods or services, but the plaintiff's goods or services

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