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Recent Developments in U.S. Trademark and Unfair Competition Law

Recent Developments in U.S. Trademark and Unfair Competition Law

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This presentation will cover recent developments in United States trademark and unfair competition law over the trailing twelve months. Highlights will include the following:

  • the Supreme Court’s consideration of three (and decisions in two) substantive trademark cases;
  • the clarification of the relationship between the First Amendment and the Lanham Act (with more to come);
  • the likely end of extraterritorial applications of the Lanham Act;
  • the lack of clarification regarding the test for fraud on the U.S. Patent and Trademark Office; and
  • possible limitations on the USPTO’s failure-to-function reign of terror.

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Ted Davis

Partner, Kilpatrick Townsend

Kilpatrick Townsend

Ted Davis, Partner, Kilpatrick Townsend & Stockton. Ted Davis is a partner in the Atlanta office of Kilpatrick Townsend, where he has assisted clients in trademark, copyright, false advertising, and unfair competition matters since 1990. He is a current member of the American Bar Association’s Board of Governors and the American Intellectual Property Law Association’s Board of Directors; he also has served as Chair of the ABA’s Section of Intellectual Property Law and on the International Trademark Association’s Executive Committee. He frequently acts as an expert witness in trademark-related matters and is an adjunct professor at the Emory University School of Law.