Details
The Consolidated Appropriations Act, 2021 signed into law on December 27, 2020, included sweeping changes to U.S. trademark and copyright law. Part of the law, the Trademark Modernization Act of 2020 (TM Act), provides trademark plaintiffs seeking injunctions a rebuttable presumption of irreparable harm, broadening the availability of injunctive relief; it will provide for third-party submission of evidence in trademark examination proceedings; and it will create a streamlined process for cancellation of trademarks failing to meet certain technical “use” requirements. While the TM Act’s presumption of irreparable harm is already in effect, other sections of the TM Act and implementing regulations are set to go into effect by December 27, 2021.
The new law also includes the Copyright Alternative in Small-Claims Enforcement Act of 2019 (CASE Act), which creates a small claims tribunal within the U.S. Copyright Office for deciding disputes regarding infringement and DMCA claims. Implementing regulations for the CASE Act may go into effect as early as December 27, 2021.
During this webinar, we will discuss how companies should be prepared to benefit from the new laws as well as the risks they present.
Cooley LLP is an approved provider and will provide credit in CA, IL, and NY.
CLE credit is available to those who attend the live webinar. On-demand viewing is not eligible for CLE Credit.
For specific CLE credit questions, please contact the Cooley Licensing + Compliance team.
Speakers
JP Oleksiuk
Partner
Cooley LLP
JP Oleksiuk handles trademark, copyright and advertising disputes in federal courts, as well as trademark matters before the United States Patent and Trademark Office’s (USPTO) Trademark Trial and Appeal Board. JP also manages international trademark portfolios for large and small clients in a variety of industries, including many technology companies. He is an active member of the International Trademark Association (INTA). JP is recognized as a leading trademark lawyer by the World Trademark Review.
Kristin Leavy
Special Counsel
Cooley LLP
Kristin Leavy counsels clients in the cable, television, radio, newspaper, new media and sports-related industries on a wide range of copyright and related intellectual property matters, particularly in connection with content-focused business models, cable programming acquisitions, content licensing, mergers and acquisitions, joint ventures and other business transactions.
Rebecca Givner-Forbes
Associate
Cooley LLP
Rebecca Givner-Forbes is a senior associate in Cooley’s Trademark, Copyright and Advertising group. She represents clients in trademark, copyright and false advertising cases in federal court and in oppositions and cancellations before the USPTO’s Trademark Trial and Appeal Board. She also advises on trademark clearance and prosecution, copyright registration, IP licensing and due diligence issues for acquisitions.