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Course Information
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8910 Trademark Due Diligence
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No cost or obligation
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| Course Length |
73 minutes
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| Course Price |
$ 119.00
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Volume discounts and subscriptions are available; for more information, contact Cognistar Sales.
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Accreditation Information
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Click on jurisdiction below for more details.
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>>
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1.00
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credit
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CA
CO
WV
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>>
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1.25
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credits
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WA
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About the Instructor(s)
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Jay Begler
Nixon Peabody LLP
Jay Begler is counsel at Nixon Peabody LLP in San Francisco. His services cover every aspect of trademark practice, including counseling on domestic and international trademark issues, trademark clearance and acquisition, licensing, and protecting trademark rights through litigation or proceedings before the Trademark Trial and Appeal Board. He has led trademark due diligence teams in mergers and acquisitions worth more than $1 billion.
Mr. Begler focuses on domestic and international trademarks, and has been responsible for the filing and prosecution of 7,000 applications in a single filing program for a Fortune 100 company. He has represented Fortune 500 companies as well as many smaller companies and individuals, both in litigation and Trademark Office proceedings.
Mr. Begler serves as outside trademark counsel for several multinational companies, including Syratech, Inc., Concord Camera Corp., and Fiske Brothers Refining. He works extensively with start-up “dot-com” companies and has represented many clients in domain name disputes. In 2002, he coauthored the article “Handling Cybergriper Phenomenon,” published in the New York Law Journal. Earlier in his career, he was director of trademarks at Revlon, where he and his staff managed more than 20,000 trademarks worldwide.
In addition to teaching trademark law at Baruch College in New York City, Mr. Begler has lectured in the United States, Canada and Europe on a variety of trademark matters. He has been a director of the United States Trademark Association (now the International Trademark Association) and an editor of Trademark Reporter.
Mr. Begler is a member of the New York State Bar and is also admitted to practice before the U.S. Court of Appeals for the Federal Circuit and the U.S. District Courts for the Southern and Eastern Districts of New York. He earned his B.A. from Brooklyn College and his J.D. from Columbia Law School.
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Outline + Synopsis
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Outline
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Synopsis
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Trademark Due Diligence
I. Introduction
II. Seller’s Due Diligence
III. Purchaser’s Due Diligence
A. Why Is Due Diligence Necessary?
B. Budget and Timing
C. Marketing Plan
D. Dormant Trademarks
E. Acquisition Agreement Review
1. Trademark Definitions
2. Representations and Warranties
3. Indemnification
4. Identification of Marks
5. Identification of Conflicts
E. Investigation
1. Internet Research Resources (1)
2. Internet Research Resources (2)
3. Security Interest
4. Trademark Trial and Appeal Board
5. Selling Company as Plaintiff
6. Selling Company Agreements
7. Distribution Agreements and Consents
8. Generic Potential
9. Interim Report
G. Post-Acquisition Steps
1. Recording Assignments and Audit
2. Overseas Considerations
AfterWordsSM
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Trademarks and Internet domain names are often accorded significant value in corporate acquisitions. Whether you represent the purchaser or the seller, due diligence is essential to ensure that these marks are properly registered, free of encumbrances, and not the subject of ongoing or threatened litigation. Experienced trademark attorney Jay Begler walks through the steps of the due diligence process for the sale and acquisition of trademarks and domain names and provides helpful links to relevant research services worldwide. Major topics include acquisition agreement review, investigation, and post-acquisition steps.
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Content Provided By
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Nixon Peabody LLP is one of the largest multipractice law firms in the United States, with offices in 15 cities and more than 600 attorneys collaborating across 15 major practice areas. The firm’s size, diversity, and state-of-the-art information systems enable it to offer a comprehensive, integrated range of legal services to individuals and organizations of all sizes in local, state, national and international matters.
The firm’s clients include emerging and middle-market businesses, national and multinational corporations, financial institutions, public entities, educational and not-for-profit institutions, and individuals.
Within its major areas of practice, the firm also has nearly 30 teams that focus on specific industries or areas of law. Nixon Peabody knows that businesses want attorneys who understand their industries and their markets, and the firm’s teams provide that focus.
Nixon Peabody attorneys adhere to the highest standards of legal excellence and the highest standards of service. They are widely respected for the depth of their industry knowledge and for being responsive, efficient, and easy to work with. In all areas, Nixon Peabody uses its experience and insight to articulate clearly its clients’ options and the risks involved in any venture.
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Purchase course
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8910 Trademark Due Diligence
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| Course Price |
$ 119.00
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Volume discounts and subscriptions are available; for more information, contact Cognistar Sales.
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Welcome