INTA Academic Forum: Protecting Well-Known Marks
Each year, the INTA presents an Academic Forum to coincide with the Association of American Law Schools Annual Meeting. The goal of the Academic Forum is to allow academics and practitioners to discuss important developments in trademark law. INTA’s 2009 Academic Forum will be held on Friday, January 9, 2009 at the Omni San Diego Hotel, San Diego, California, during the AALS Annual Meeting.
Protecting Well-Known Marks: At the Crossroads of International and Domestic Legal Reform
While trademark rights are often characterized as territorial, Article 6bis of the Paris Convention has long recognized a concept of well-known marks, under which a mark receives protection in a country before it is protected through registration in that country because of the mark’s fame resulting from its use or registration in other countries. That international obligation was expanded further in both the TRIPS Agreement (which Congress took as part of the basis for the first federal dilution protection in the United States) and in later international instruments. In U.S. trademark law, the status of well-known marks is in considerable flux. The Ninth and Second Circuits have split over whether to recognize a well-known marks doctrine. In addition, the Lanham Act’s anti-dilution provision, which applies only to famous marks, has recently been the subject of a major legislative overhaul. In Europe, questions concerning the dilution provisions in the Trademark Directive are currently pending before the European Court of Justice. In this Symposium, three leading trademark law professors analyze the law of well-known marks and consider the prospects for future development of the law here and abroad.
Mark D. Janis, H. Blair & Joan V. White Chair in Intellectual Property Law, University of Iowa College of Law.
“The Well-Known Marks Doctrine: Developing U.S. Law in Light of International Obligations” Graeme Dinwoodie, Prof. of Law, Associate Dean, Director of the Program in Intellectual Property Law, Chicago-Kent Law School; Chair in Intellectual Property Law, University of London, Queen Mary College.
“The Prospects for Protecting Well-Known Marks in the U.S. After the Trademark Dilution Revision Act” David Welkowitz, Prof. of Law and Director, Intellectual Property Center, Whittier Law School.
“A Comparative Perspective: Well-Known Marks and Marks with a Reputation” Annette Kur, Prof. of Law, Max Planck Institute for Intellectual Property.
Date: Friday, January 9, 2009
Time: 4:00 pm – 6:00 pm (reception to immediately follow)
Omni San Diego Hotel, San Diego, CA
675 L Street
San Diego, California 92101
For more information about this event or to register please go to www.inta.org/go/academicforum. Registration is open until December 31, 2008. Questions about the Forum or registration should be emailed to firstname.lastname@example.org.
INTA Members (including Student and Professor Members): US $20
Non-Member: US $30