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2013 Leadership Meeting
Program




 

 Tuesday, November 12

 
5:00 pm–7:00 pm 
Conference Registration and Information Desk

Stop by to pick up your badge before you head to the Welcome Reception.
5:00 pm–7:00 pm 
Welcome Reception    
 
Join us at the Welcome Reception for cocktails and a chance to catch up with colleagues and other volunteers.
 

 Wednesday, November 13

 
8:30 am–9:00 am
Annual Meeting of Members
9:00 am–4:00 pm 
Board of Directors Meeting
10:30 am–6:30 pm
Conference Registration and Information Desk
12:15 pm–2:00 pm
Association and Committee Leaders Luncheon    

(Open only to current Officers, Counsel, Board of Directors, Committee Chairs, Committee Vice Chairs, Subcommittee Chairs, Project Team Leaders, Past Presidents, Past Counsel and Staff Liaisons.)
2:30 pm–5:30 pm 

Leadership Academy and Keynote 

Teams that Win: Maximizing Team Effectiveness
(Open to all attendees)

Why are some business teams effective, while others struggle? Can you design your team to maximize performance? Test your leadership knowledge in this highly interactive and much anticipated Leadership Academy keynote address by Robert D. Scott.

Speaker:

Robert D. Scott, University of Michigan (United States)

5:00 pm–6:00 pm 
Committee Meetings
6:00 pm–7:30 pm 
Networking Reception
 

 Thursday, November 14

 
7:30 am–6:00 pm 
Conference Registration and Information Desk
8:00 am–10:00 am
Continental Breakfast         
This breakfast is for registrants not participating in breakfast committee meetings.
 8:00 am–10:00 am
Breakfast Committee Meetings 
Breakfast will be served.
10:00 am–5:00 pm
Membership Renewal Desk      
INTA staff will be available to accept renewal payments and answer any renewal-related questions.
10:10 am–11:10 am
President’s Welcome and Awards Ceremony

Join us as Etienne Sanz de Acedo, CEO of INTA, presents the State of the Association Address and INTA President Toe Su Aung sums up her Presidential year and presents the President’s Award and Volunteer Service Awards. The President’s Award recognizes exceptional INTA participants who, over the course of a career in trademark law, have made an outstanding contribution to the law and to the advancement of the Association. The Volunteer Service Awards are given to individuals who have provided exemplary volunteer service to INTA during the past year in the advancement of trademark law, committee objectives, pro bono services and the Association.

Welcome Address
Etienne Sanz de Acedo, International Trademark Association (United States)

President’s Report and Awards Presentation
Toe Su Aung, BATMark Limited (United Kingdom)

11:10 am–11:30 am
Coffee and Networking Break
11:15 am–1:15 pm
Committee Meetings
11:30 am–11:35 am
Welcome and Program Introduction 

Program Co-Chairs:
Brian W. Brokate, Gibney Anthony & Flaherty, LLP (United States)
Lori Schulman, ASCD (United States)

11:35 am–12:35 pm
GENERAL SESSION I 

Nations and Locations as Brands: How and Why Places Become Brands
 
This panel will discuss recent developments in the branding strategies of cities, countries and regions as well as industries within those places. Now, more than ever, places are taking on brand values to promote themselves and their products and expertise of their people and organizations. On the other side of the coin, products are taking on the brand values associated with places which is leading towards the worldwide recognition of geographic indications.
 
Experts will share their experiences, including: 
  • How and why locations are branding themselves and the related trademark issues with those strategies.
  • Issues with and strategies for place names and their association with products.
  • The effects of bilateral agreements on geographical indication recognition and the conflicting interests of these agreements in relation to GIs and multilateral registration.
Moderator:
Damian Broadley, A J Park (New Zealand)

Speakers:
Scott Gerien, Dickenson Peatman & Fogarty (United States)
Patrick J. Kole, Idaho Potato Commission (United States)

12:45 pm–2:45 pm
General Luncheon
This luncheon is for registrants not participating in luncheon committee meetings.
12:45 pm–2:45 pm
Luncheon Committee Meetings 
Lunch will be served.
1:45 pm–3:45 pm 
Luncheon Committee Meetings 
Lunch will be served.
3:00 pm–4:00 pm 
GENERAL SESSION II   

When Too Much is Too Much! Enforcement of Challenging Marks and Alternatives to Traditional Strategies

In the face of increasing opportunities for brand misuse as the result of expanded gTLDs, social media and online marketing and resale, brand owners are forced to reconsider traditional approaches to enforcement. This session will provide advanced trademark attorneys practical guidance for prioritizing and mapping an intelligent enforcement plan with a focus on alternative approaches and non-traditional litigation strategies. The panel will provide a lively and interactive discussion based on practical examples primarily from the media, technology and education, with a focus on involving particularly vulnerable marks and challenging enforcement scenarios.

Some of the questions that will be addressed include:

  • What effect has the Internet landscape had on the duty to enforce?
  • How do you map out intelligent enforcement?
  • What strategies can help you effectively partner with ISPs, media outlets, law enforcement, advocacy groups and customers to enlist support in your enforcement efforts?
  • What practical and legal consideration should inform your enforcement strategy for brands which are inevitably subject to frequent unlicensed use?
  • How do practitioners prioritize increasing domain enforcement demands and effectively target uses that are most damaging to their brands?
  • When is (or isn’t) it worth it to litigate against fraudulent or criminal enterprises that are likely to evade or disregard judgment?

Moderator:
Stephanie Foster, Pearson Education, Inc. (United States

Speakers:
Dana C. Jewel (United States)
J. David Mayberry, Kilpatrick Townsend & Stockton LLP (United States)
Paul Mussell, NCS Pearson, Inc./GED Testing Service (United States)

4:00 pm–6:15 pm 
Committee Meetings 
4:15pm–6:15 pm

Teaching IP in Asia & Australasia
 
Please join our panel of distinguished practitioners and adjunct professors at the Leadership Meeting as they discuss their respective countries’ legal structures, and how these structures impact teaching and addressing legal issues. Speakers will focus on different approaches to teaching, as well as discuss why one size does not fit all when dealing with trademark issues in different countries.

This session is invaluable for current and future adjunct professors, as well as those who work with counsel in the panel’s represented countries. The discussion promises to be lively and informative.

Moderator:
Annette Freeman, Freeman IP (United Kingdom and Australia)

Panelists: 
Dr. Mohan Dewan, RK Dewan & Co (India)
John Hackett, A J Park (New Zealand and Australia)
Kar Liang Soh, Ella Cheong LLC (Singapore)
Laura Wen-yu Young, Wang & Wang LLP (China)

4:30 pm–5:30 pm 
Unreal Campaign Member Training Session
(By invitation only) 
6:00 pm–7:00 pm 
Saul Lefkowitz Moot Court Competition Committee Happy Hour        
(By invitation only)
6:30 pm–7:30 pm 
Publications Cocktail Reception       
(By invitation only)
6:30 pm–8:00 pm 
INTA Political Action Committee (PAC) Reception 
(By invitation only to non-corporate INTA Members who are U.S. citizens or permanent residents)    
 
Show your support for the International Trademark Association Political Action Committee (PAC) by attending this reception. The requested minimum contribution of US $200 for this event will be used to support the campaigns of U.S. federal candidates identified by the INTA PAC Board as having shared interests with the trademark community. INTA accepts both personal checks and those drafted from non-corporate INTA member firm accounts, as well as all major credit cards. Donations can also be made online.
Only non-corporate, non-reimbursed contributions to INTA PAC will be accepted. Contributions to INTA PAC are not deductible for income tax purposes.
 

 Friday, November 15

 
7:30 am–5:00 pm 
Conference Registration and Information Desk
8:00 am–10:00 am
Continental Breakfast         
This breakfast is for registrants not participating in breakfast committee meetings.
8:00 am–10:00 am
Breakfast Committee Meetings 
Breakfast will be served.
10:00 am–1:00 pm
Unreal Campaign Student Session 
10:00 am–5:00 pm
Membership Renewal Desk     
INTA staff will be available to accept renewal payments and answer any renewal-related questions
10:10 am–10:15 am

Program Introduction      

Program Co-Chairs:
Brian W. Brokate, Gibney Anthony & Flaherty, LLP (United States)
Lori Schulman, ASCD (United States)

10:15 am–11:15 am

GENERAL SESSION III     

Angels, Devils and Fraud: Ethical Considerations for Prosecuting U.S. Applications and Maintaining U.S. Registrations

Statements made during prosecution can endanger the validity of U.S. trademark filings. Speakers will discuss whether a jury is more likely to find fraud than the Trademark Trial and Appeal Board (TTAB), and will provide an update on the rulings on fraud claims in the U.S. Courts and the TTAB. Discover what it means to make a knowingly false statement and what constitutes reckless conduct, willful blindness or something more?

Panelists will share tips for non-U.S. entities seeking to secure U.S. registrations and will also discuss the ethical considerations for the attorney prosecuting the application.

Moderator:
Kathleen E. McCarthy, King & Spalding LLP (United States)

Speakers:
Dale M. Cendali, Kirkland & Ellis LLP (United States)
Siegrun D. Kane, Kane Advisors LLP (United States)
Linda K. McLeod, Kelly IP, LLP (United States)

10:30 am–11:45 pm
Committee Meetings
10:30 am–12:30 pm 
Fashion Industry Council Meeting 
11:15 am–1:15 pm 
Committee Meetings 
11:30 am–12:30 pm

GENERAL SESSION IV  

Forward March! Trademarks and the Military

Have you ever wondered about the use of military insignia and trademarks like Seal Team 6 in the movies? Are you a fan of the United States Air Force sponsored NASCAR team? In this intriguing discussion, leaders from the U.S. Military’s IP legal team and the Deputy Commissioner for Trademark Examination Policy will discuss these and other hot topics, including:

  • Prosecution issues specific to the military focusing particularly on marks such as USMC, the Eagle, Globe and Anchor, names of weapons systems, Seal Team 6 and others.
  • Special issues arising from representing the armed forces in movies, commercials, etc.
  • New gTLD issues specific to the military such as applications for .army and .navy.
  • The establishment and operation of trademark licensing programs at Army, Navy, Air Force, USMC and Coast Guard and the effect of the implementation of 10 USC 2260.
  • Use of military brands by non-profits and youth organizations and resulting challenges and issues.
  • Challenges posed by veterans making commercial use of military marks, including efforts to register those marks as U.S. trademarks. 
  • Special issues related to licensing and sponsorship deals such as the USMC’s participation in sporting events and recruiting efforts.

Moderator:
Erin S. Hennessy, Bracewell & Giuliani LLP (United States)

Speakers:
Philip Greene, United States Marine Corps Trademark Licensing Office (United States)
Sharon Marsh, United States Patent and Trademark Office (United States)

12:45 pm–2:45 pm
General Luncheon
This luncheon is for registrants not participating in luncheon committee meetings.
12:45 pm–2:45 pm
Luncheon Committee Meetings
Lunch will be served.
3:00 pm–4:00 pm 

GENERAL SESSION V

How Round is Your Circle? Protecting Product Shapes in Europe: Trademarks, Designs and Copyrights

Nowadays, it takes more than technology to remain competitive. Consumers are increasingly knowledgeable and sensitive to product shapes, designs and packaging, thereby bringing a whole new set of IP issues to the table. Speakers will share best strategies and practical tips for protecting product shape in Europe while taking into account the following:

  • Conditions that must be met to secure trademark, design and/or copyright protection.
  • The advantages and disadvantages of each option from the points of view of registration and enforcement.
  • The extent to which these options can be combined

Moderator:
Gordana Pavlovic, Cabinet Pavlovic (Belgium and Serbia)

Speakers:
Isabelle Leroux, Dentons (France)
David Stone, Simmons & Simmons (United Kingdom)
Alexander von Muhlendahl, Bardehle Pagenberg Partnerschaft (Germany)

4:15 pm–6:15 pm 
Committee Meetings 
5:30 pm–7:00 pm
Education and Services Group (ESG) Reception   
(By invitation only)
 

 Saturday, November 16

 
7:30 am–12:30 pm 
Conference Registration and Information Desk
8:00 am–10:00 am
Continental Breakfast
This breakfast is for registrants not participating in breakfast committee meetings.
8:00 am–10:00 am
Breakfast Committee Meetings
Breakfast will be served.
8:00 am–11:00 am 
Membership Renewal Desk      

INTA staff will be available to accept renewal payments and answer any renewal-related questions.
10:10 am–10:15 am

Program Introduction

Program Co-Chairs:
Brian W. Brokate, Gibney Anthony & Flaherty, LLP (United States)
Lori Schulman, ASCD (United States)

10:15 am–11:15 am

GENERAL SESSION VI 

Faster than the Speed of Light: Keeping Up with Internet Developments
 

This session will focus on hot topics and burning issues relating to the following topic areas:
  • Brands in social media: from freedom to full control.
  • New gTLD’s: yes, no, maybe?
  • In-house strategies and tips for handling new challenges in cyberspace.
  • Protectability of #hashtags: are they protectable, should they be, what are the risks?
  • Should you include Twitter, Facebook, Pinterest and other social media usernames as part of your clearance? 
  • Unauthorized use: infringement of someone else’s name and likeness on the Internet.

Moderator:
Alberto R. Berton-Moreno, Jr., Berton Moreno & Asociados (Argentina)

Speakers:
Christine Kao, Twitter, Inc. (United States)
David S. Modzeleski, Discovery Communications, LLC (United States)
Philippe Vandeuren, Anheuser-Busch InBev S.A. (Belgium)
Karen Webb, Fenwick & West LLP (United States)

11:30 am–12:30 pm

GENERAL SESSION VII

Pitfalls, Problems, Production... E-Discovery: Obtaining Electronic Documents Without Glitches

This session will look at the disclosure of documents used in enforcement proceedings and will review the specific requirements applicable to electronic document discovery. Speakers will discuss how documents are obtained in other jurisdictions and will consider discovery procedures in traditional discovery jurisdictions.

You will receive valuable guidance on:

  • Different approaches in various jurisdictions.
  • Whether some jurisdictions offer advantages over others (to the extent that the claimant has a choice).
  • How best to coordinate a multi-jurisdictional e-disclosure exercise and the pitfalls to avoid when carrying out such an exercise.

Moderator:
Susan Kayser, Jones Day (United States)

Speakers:
Rob Holmes, IPCybercrime.com LLC (United States)
Douglas (Chip) A. Rettew, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP (United States)
Jed Wakefield, Fenwick & West LLP (United States)

12:45 pm–1:45 pm

GENERAL SESSION VIII


China Trademark Law Revision: What’s New and What to Expect

China’s National People’s Congress passed revisions to the China Trademark Law in late August, which will come into force on May 1, 2014. Learn about the most prominent changes and hear the views of brand owners and practitioners on what is in store for the future.

Moderator:
Rachel Li-Mei Tan, Rouse & Co. International LLP (China)

Speakers:
Ayala Deutsch, NBA Properties, Inc. (United States)
Fei Liao, King & Wood Mallesons (China)
Scott Palmer, Sheppard Mullin Richter & Hampton LLP (China)
Christopher Shen, NTD Patent & Trademark Agency Ltd. (China)

7:00 pm–10:00 pm
 
Grand Finale      
        
Celebrate a successful meeting with good times, music and dancing! Kick back, relax and enjoy a farewell to Miami Beach that will leave you wishing you could stay longer.
 

 Project Team

 
 

 CLE