Justia Connect

This course will provide an overview of trademarks, including how to select, register using the new USPTO Trademark Center, and maintain. The course will then discuss a number of recent court decisions relating to trademarks, including the risk of using another’s trademarks in ads, risks of comparing products in ads, failure to function, de minimis use, genericness, surnames, and translations.Topics covered include:Intellectual PropertyLaw PracticeAgenda:Trademark OverviewUnderstand how to define a trademarkSliding scale of trademark strengthWhy register a trademark with the USPTOTrademark ProcessWalk through the trademark processSearch, file, and maintainPossible Pitfalls in the Trademark ProcessFailure to adequately select an enforceable trademarkFailure to meet USPTO requirementsFailure to adhere to the “less is more” principleFailure to maintain or even complete registrationAdvertising IssuesRisk of using another’s trademarks in adsRisks of comparing products in adsCourt DecisionsCourt decisions relating to failure to function, de minimis use, genericness, surnames, and translationsQuestions & Answers (as time permits)Duration of this webinar:60 minutesWhen:Premieres in 9 days | June 05, 2025 10:00 AM PTSpeaker:Kirby Drake, Founder, Kirby Drake Law PLLC.

What’s on Your Well-Being Menu?Over the past 10 years, conversations about health and well-being in the legal profession have become increasingly common, often focusing on the disproportionately high rates of depression, anxiety, substance use, and suicide across the lifespan of those serving in the legal profession — law students, lawyers, and judicial officers. New research is released on a regular basis showing that each cohort is continuing to suffer, often in silence.Those are the facts, but they aren’t the whole story. The reality is that we all have a role in how the story unfolds. In fact, The Path to Lawyer Well-Being: Practical Recommendations for Positive Change, published in 2017 by the National Task Force for Lawyer Well-Being (now the Institute for Well-Being in Law), created an outline for us to fill in. The report identified six dimensions of well-being and steps that individuals and organizations can take to promote and support well-being across those dimensions. We’ve added a seventh dimension — environmental — to the model we use at Thought Kitchen.This session will begin with an overview of the research about lawyer, law student, and judicial officer well-being, and the dimensions of well-being as set forth in The Path to Lawyer Well-Being. Then, there will be facilitated discussion about each dimension of well-being, including the following inquiries:What does each dimension of well-being look like for you?What gets in the way?What does support look like?Participants will leave with an increased ability to:Acknowledge the serious challenges to the well-being of lawyers, law students, and judicial officers and recognize the impact those challenges have on professional conductIdentify the dimensions of well-being and specific practices to support each dimensionConsider the ways in which each of us can impact the culture of the legal profession to support and promote well-beingTopics covered include:Attorney WellnessLaw PracticeLegal EthicsAgenda:Overview of Research and the Dimensions of Well-BeingResearch on lawyer and judicial officer well-beingDefining well-beingIntroduction to the seven dimensions of well-beingFacilitated Discussion of Each of the Dimensions of Well-BeingEmotionalSocialPhysicalEnvironmentalSpiritualIntellectualOccupationalBuilding your well-being menuWhat does each dimension of well-being look like for you?What gets in the way?What does support look like?Questions & Answers (as time permits)Duration of this webinar:60 minutesWhen:Premieres in 9 days | June 04, 2025 9:00 AM PTSpeakers:Jill Carnell - Chief Contemplative Officer, Thought Kitchen, LLCLoretta Oleksy - Mindful Life and Work Coach, Thought Kitchen, LLC

This presentation provides a concise overview of key regulatory and ethical considerations for practitioners interacting with the United States Patent and Trademark Office (USPTO). We will explore the USPTO's regulatory power, the crucial role of the Office of Enrollment and Discipline (OED), and the critical obligations of candor owed to the USPTO. We will delve into the complexities of inequitable conduct allegations, highlighting specific areas of concern arising in recent case law. Furthermore, we will address the implications of subject matter conflicts and touch upon other current hot topics impacting intellectual property practice. This session is designed to equip practitioners with the knowledge necessary to navigate the evolving landscape of USPTO regulations and maintain the highest ethical standards.Topics covered include: EthicsAgenda:USPTO’s Regulatory PowerOverview of the USPTO’s authority and scope of regulationRelevant statutes and rules governing patent and trademark practiceImpact of USPTO regulations on practitioners and applicantsRole of the OEDMission and responsibilities of the Office of Enrollment and DisciplineOED’s oversight of registered patent attorneys and agentsDisciplinary procedures and consequences for misconductObligations of Candor to the USPTODuty of disclosure and good faith in dealings with the USPTORequirements for information disclosure statements (IDS)Consequences of failing to fulfill calendar obligationsAllegations of Inequitable Conduct and Specific Areas of Concern in Recent CasesDefinition and elements of inequitable conductAnalysis of recent case law highlighting problematic conductPractical tips for avoiding allegations of inequitable conductSubject Matter ConflictsUnderstanding subject matter conflicts in patent prosecutionEthical considerations related to representing clients with conflicting interestsStrategies for managing and resolving subject matter conflictsOther Hot Topics in IP PracticeBrief overview of emerging trends and challenges in IP lawDiscussion of potential implications for practitionersResources for staying informed about developments in IP practiceQuestions & Answers (as time permits)Speaker: Emil J. Ali, McCabe & Ali, LLP.

ABA Model Rule of Professional Conduct 8.3 and its many state counterparts require lawyers to inform the appropriate professional authority once a lawyer 'knows' another lawyer has engaged in certain professional misconduct. Knowledge of such violations can vary depending on the relationship between the lawyers in question. This program will consider the provisions of Model Rule 8.3 and an attorney’s obligations to report another attorney or judge to the appropriate regulatory authority. The speaker will discuss when specific reporting is triggered, the consequences of acting or failing to act, and best practices for taking effective action. The speaker will also explore what information is reported and to whom, the duty to self-report his/her/their own misconduct or that of an associate, and duties to report an impaired or suspended, disbarred or out-of-state lawyer.Topics covered include:EthicsAgenda:Model Rule 8.3(a): Reporting Professional MisconductThe language of the rule and state variationsConfusion over the Rule’s use and applicationAttorneys as mandated reportersHow does this play out: Define the elementModel Rule 8.3(b): Reporting Professional MisconductModel Rule 8.3(c): Reporting Professional MisconductIntersection of Model Rule 8.3(c) and Model Rule 1.6Model Rule 8.3(c) & lawyer assistance programsExample ScenariosCautionary Case TalesIn Re Himmel, 25 Ill.2d 531, 533 N.E.2d 790 (Ill. 1988)In re Riehlmann, 891 So. 2d 1239 (2005)Implicating myself?Implicating my partners?Reporting suspended/out-of-state lawyer?Questions & Answers (as time permits)Duration of this webinar: 60 minutesWhen: Premieres in 6 days | March 31, 2025 10:00 AM PTSpeaker: Tracy L. Kepler, Director of Risk Control Consulting, CNA's Lawyers Insurance Program.