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Trademark Law and the Internet |
| Overview | Monday | Tuesday | Project Team | Hotel | Pricing & Policies | Register | Sponsorship |
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MONDAY, FEBRUARY 9, 2009
| 7:30 a.m. – 9:00 a.m. |
REGISTRATION AND CONTINENTAL BREAKFAST |
| 9:00 a.m. – 9:10 a.m. |
WELCOME REMARKS AND PROGRAM OVERVIEW
Chairpersons:
Peter W. Becker, Microsoft Corporation (United States)
Ellen B. Shankman, Ellen Shankman & Associates (Israel) |
| 9:10 a.m. – 10:30 a.m. |
FOLLOW THE MONEY — BEYOND SEARCH ENGINE OPTIMIZATION
This session will focus on the various players involved in the domain parking business, starting with the registrant and ending with the end user who clicks on the ad that generates the revenue stream for all the others up the chain. New and profitable forms of advertising will be discussed. This business angle will be explored by both advertisers and attorneys. Walk away from this session understanding how domain parking works and why it can be such a profitable enterprise, as well as the legal implications involved with parking and other forms of Internet advertising.
Topics will include:
- Business of the Internet, including advertising models, ad optimization and how parking differs from search engine optimization
- How to use viral advertising and marketing
- How online advertising works
- Who makes money, and how
- How clients plan, advertise and use brands online, including keywords and auction sites
Moderator:
Allison McDade, Pirkey Barber LLP (United States)
Speakers:
Philip Lodico, Fairwinds Partners, LLC (United States)
Frank Schilling, Name Administration Inc. (Grand Cayman)
David Steele, Christie, Parker & Hale (United States) |
| 10:30 a.m. – 10:45 a.m. |
REFRESHMENT BREAK |
| 10:45 a.m. – 12:15 p.m |
STOPPING COUNTERFEITERS — WHOSE JOB IS IT?
There is an ongoing discussion among various constituencies about the online sale of counterfeit gppds and the policing role of the brand holder versus the role played by “gatekeepers” — auction sites, search engines, ISPs and payment service providers. In addition, the Anti-Counterfeiting Trade Agreement (ACTA) is generating buzz about secretive negotiations and how they could also affect gatekeepers. Learn more about these important issues.
A debate among all the interested groups will include:
- The scope and impact of the counterfeit goods problem
- The law as it is: Secondary liability (or not) for search and auction sites and other ISPs — e.g., Tiffany/eBay (United States) vs. Louis Vuitton (European Union)
- The law as it should be
- Status of the ACTA negotiations
- Technological challenges in dealing with the problem
- Cooperative strategies that can be effective
Moderator:
D. Peter Harvey, Harvey Siskind LLP (United States)
Speakers:
Laura Covington, Yahoo! Inc. (United States)
Daniel Dougherty, eBay Inc. (United States)
Julia Holden, Trevisan & Cuonzo Avvocati (Italy)
Bruce W. Longbottom, Eli Lilly and Company (United States)
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| 12:15 p.m. – 1:45 p.m. |
NETWORKING LUNCH
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| 1:45 p.m. – 3:00 p.m. |
VIRTUAL WORLDS, SOCIAL NETWORKS, BLOGS AND MORE
From the short soliloquies of Twitter to the three-dimensional graphical world of Second Life, blogs, social networks and virtual worlds are growing exponentially in importance, both for personal communications and, increasingly, for professional networking. The use of these resources presents new challenges for brand management, including trademark use and enforcement. This session explores the ways businesses can exploit these new resources to promote and manage their brands and still protect their marks from misuse and infringement.
This session will focus on the following:
- Best practices for promoting brands through social networking, blogs and virtual worlds
- What should be communicated about proper use of trademarks to personnel engaged in these sites?
- Known pitfalls in the use of social networking and related sites in addition to or as alternatives to traditional websites
- Discussion and debate of risks vs. rewards
Moderator:
Brian J. Winterfeldt, Steptoe & Johnson, LLP (United States)
Speakers:
Barry M. Benjamin, Day Pitney LLP (United States)
Stacey King, Richemont (United Kingdom)
Susan D. Rector, Schottenstein Zox & Dunn (United States) |
| 3:00 p.m. – 3:15 p.m. |
REFRESHMENT BREAK |
| 3:15 p.m. – 4:15 p.m. |
CHINA: UNIQUE OPPORTUNITIES, UNIQUE CHALLENGES
No trademark strategy is complete without addressing China – one of the most quickly expanding markets in the world and the jurisdiction which poses perhaps the single biggest challenge for a growing number of IP owners. This session will provide a general update on the current IP protection environment in China and provide an overview of the latest best practices in trademark and domain name enforcement.
Topics to be discussed include:
- Update on China's efforts to strengthen trademark protection, including measures to address counterfeiting and comply with the TRIPS Agreement of the WTO
- Filing strategies for .cn IDNs (internationalized domain names), including Chinese-language domain names
- Responding to scams by aggressive domain name registrars
- Cooperating with ISPs of B2B and B2C sites in addressing online ads that promote the sale of counterfeits
- Practical tips for investigating and prosecuting the "black hands" behind online counterfeiting rings
Moderator:
Connie Ellerbach, Fenwick & West LLP (United States)
Speaker:
Joseph T. Simone, Baker & McKenzie (Hong Kong SAR) |
| 4:15 p.m. – 5:00 p.m. |
KEYNOTE
Vinton Cerf, Chief Internet Evangelist, Google (United States)
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| 5:00 p.m. – 7:00 p.m. |
COCKTAIL RECEPTION |
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