Sessionvorschlag | David Copland

David Copland (Attorney at Law, Illinois) has U. S. and international experience in trademark protection and registration strategies. His focus is on trademark clearance, application prosecution, and enforcement matters, including Internet matters.

As a member of the International Trademark Association´s ICANN Compliance commitee, he has previously served on INTA´s Courts & Tribunals, WHOIS, and New gTLD commitees. Since early 2016, he has worked on U.S. matters for clients from his Dresden office, admitted to Rechtsanwaltskammer Sachsen as a foreign lawyer.

His Session at #OTMR16 will be held in English

Trademark clearance and how common law rights affect that

In the United States, which party uses a trademark first is more important than which party is first to file an application.  It is important for businesses considering marketing goods or services in the U.S. to understand what rights third parties may have when they are considering adoption of a new trademark, enforcing rights, or defending their use. 

The significance of possible risks from even small, unincorporated businesses is often not fully appreciated.  We will discuss how a U.S.-oriented trademark clearance search is conducted and examine how it can apply to marketing of an actual product.