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GLOBAL TRADEMARK PROTECTION PROGRAM K. L. Muller April 12, 2002

GLOBAL TRADEMARK PROTECTION PROGRAM K. L. Muller April 12, 2002. BACKGROUND. Practical Tips In Enforcement. Be creative, careful and vigilant Never underestimate the extent or creativity a third party will go to, to trade off your marks Never, ever overlook reports of infringements

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GLOBAL TRADEMARK PROTECTION PROGRAM K. L. Muller April 12, 2002

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  1. GLOBAL TRADEMARK PROTECTION PROGRAMK. L. MullerApril 12, 2002

  2. BACKGROUND

  3. Practical Tips In Enforcement • Be creative, careful and vigilant • Never underestimate the extent or creativity a third party will go to, to trade off your marks • Never, ever overlook reports of infringements • Do at least some 1st chair litigation and investigations • Hire good local counsel

  4. Practical Tips In Enforcement (con’t) • Give infringers the opportunity to stop • Consider potential counter claims and costs • Always consider adverse public relations issues • Do not surprise client with bad news • Look for unusual parameters that motivate defendants, such as drugs, alcohol, gambling debts, divorce, tax cheating

  5. AUDIT OF ENFORCEABLE TRADEMARK RIGHTS • INTERNAL DATA BASES

  6. CEASE AND DESIST LETTERS • TIMING • ASSUMPTIONS • INVESTIGATION • SOURCES • DJ ACTIONS

  7. ENFORCEMENT ACTIONS • GOALS • CLIENT EXPECTATIONS • MARKET STRATEGIES • LITIGATION • FORUM • COUNSEL

  8. Protection of Famous Marks • Global Protection • Dilution • GATT/TRIPS

  9. CORPORATE INVESTIGATIONS • PRIVATE INVESTIGATORS • KNOWLEDGE • EXPERIENCE • LIABILITY ISSUES • WATCH SERVICES

  10. CONCLUSIONS • PRIOR EXPERIENCES • NECESSITY TO PRESERVE CLIENT’S RIGHTS • PUBLIC RELATIONS INTERACTION

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