“W ho has downloaded musicwithout paying for it?”asked Christopher

Robertson of U.S. Customs and BorderProtection. “I promise I’m not going to takeany names.” At this, nearly everyone raiseda hand. The better question, perhaps, waswho hadn’t illegally downloaded music.

At a session yesterday on anticounterfeit-ing, Robertson was speaking to a group ofstudents from D.C. area high schools aboutthe risks associated with purchasing fakegoods. Few people, he told them, think aboutthe direct consequences of illegal download-ing but it is not a victimless crime.

The talk was part of INTA’s Unrealcampaign, an effort aimed at educatingteens about trademarks and counterfeiting.Yesterday’s launch was the culmination ofmonths of research with AMP Agency, amarketing firm that specializes in targetingteens. Together, they held focus groups andinvited teens from major U.S. cities to joina private social network to completeassignments and questionnaires.

“These are the folks that are obviously thenext generation of purchasers,” said INTAPresident Gregg Marrazzo of Estée Lauder.“Even now they have significant purchasingpower.” Recognizing that teens today relyheavily on social networks to communicate(“I’ve been told that email is so yesterday,”said Marrazzo), the Unreal campaign has aFacebook and Twitter account.

During the session, Ayala Deutsch, ofNBA (above left), flashed photos of twoseemingly authentic LeBron James jerseys.“I’ve been with the NBA 15 years, and coun-terfeiters are getting better,” she told them.

Perhaps nothing elicited as much horrorfrom the students as when RichardHalverson, of the U.S. Department ofHomeland Security, spoke. He told them ofcough syrup created with an ingredient usedin antifreeze, and showed videos of a coun-terfeit computer battery bursting into flames.“They will counterfeit anything, and it canall be very dangerous,” Halverson said.

The program concluded with a tour ofthe INTA Anticounterfeiting booth at theExhibition Hall. There, pairs of UGG boots,basketball jerseys, perfume and jeans laynext to each other. The students were askedto detect the real from the fake, which attimes required close inspection. They peeredat two boxes of BOSE earphones, the fakeonly distinguishable by a stray capitalizedletter or two. “I think most trademark own-ers are coming to realize the importance ofawareness-raising as part of our counterfeit-ing strategy,” said BOSE trademark counselMichelle Brownlee.

With much of the campaign focusing onthe next generation, a potential future IPenforcement investigator was in atten-dance. Alliyah Berger, 17, of ArchbishopCarroll High School, said she’s taking aclass on law and social justice. A basket-ball player bound for Towson University inBaltimore, Maryland, Berger said shewarns her friends against buying counter-feit sneakers. Ultimately, she’s thinking of acareer in IP enforcement. “I like the sub-ject—how our rights aren’t protected asmuch as you think they are,” she said. www.facebook.com/unrealcampaign

News

A treat for the sensesPage 3

Feature

NontraditionaltrademarksPage 6

Interview

Scott Paintin,Western UnionPage 10

News 2-4 | Previews 6-12 | Contest winners 13 | Vox pop 14 | Schedule 16 | Weather 75°F

T V shows called Surfer Dudes andBull Run, an actor named CradDitt and an apparel business called

Lami: a recipe for financial success or atrademark law headache?

Lawyers at a regional update sessionyesterday considered the trademark woesof a fictional business, Lami, which hadgrown from being a small T-shirt-makingoperation endorsed by the star of aCalifornia-based TV show about surfers,to a company that makes cufflinks, shirtsand ties—as worn by Ditt in a career-reviv-

ing show about Wall Street traders. Moderator Ravi Ravindran of Ravindran

Associates explained how the company hadregistered its mark around the world in the1970s for T-shirts and that the registrationshad been maintained by a diligent trade markattorney. Unfortunately the attorney had notbeen instructed to advise the company on itsdecision to refresh its mark, and consequent-ly the updated version of the LAMI mark onits new products had not been registered.

After the company’s CEO discoveredfake versions of its products on sale in

Phuket during a holiday in Thailand, heordered Joe Blow, the company’s lawyer, tostop the counterfeits. But investigationsrevealed fakes on sale not just in Thailandbut across southeast Asia—in part due to thecult status of Crad Ditt in the region.

Nettaya Warncke of Domnern Somgiatand Boonman Law Office Ltd said that civilaction in Thailand could cost far more thanthe company would get back in damagesand that it was unclear whether criminallaw provisions could be used to protectmarks on goods for which they are not reg-

istered: “It’s a complicated area of the lawand the police don’t like complications,”she said. The scenario that would help Lamimost, said Warncke, would be if Blow dis-covered the counterfeiters using the LAMImark on T-shirts, for which it does have aregistered mark. If so, they could ask thepolice to conduct a raid, allowing officers toseize the rest of the knock-off products.

Barry Yen of SKYS in Hong Kong out-lined the rules in Hong Kong andSingapore, explaining that their common

INTA’s Unreal campaign challenges teens

A pan-Asian lesson in fighting fakes

DailyNewsPublished by

www.inta.org www.managingip.com

Wednesday, May 9, 2012 134th Annual Meeting, Washington D.C.

10th Anniversary

Continued on page 2.

F or now, ambush marketing is win-ning. Not because the law isn’tstrong enough to prevent brands

from hijacking physical events, but becausethe media by which consumers watch thoseevents has broadened so much. “This is thetip of the iceberg,” said Bruce P. Keller ofDebevoise & Plimpton at the session TheEvolving Nature of Ambush Marketingyesterday. “In the future everyone will bewatching these events on split screens, withstreams from the Internet.”

He was referring to the example ofambush marketing that had just been given:

Coca-Cola’s campaign of polar bear charac-ters reacting live to the Super Bowl through adedicated website, CokePolarBowl.com.Pepsi was the official sponsor for theAmerican football game this year, but Coca-Cola’s bears proved so popular that theyupstaged their competitor. The two bears,each supporting a different team, reacted inreal time to the game—and even left the roomwhen an ad for Pepsi came on. Coke, whichhas 534,000 Twitter followers, saw a 12%increase in Twitter activity during the game.

That campaign was seen by yesterday’sspeakers as something of a retaliation forPepsi’s successful football advert during the2010 World Cup in South Africa. The video,in which players such as Messi and Drogbaplayed on a pitch created by hundreds ofSouth Africans, was designed just to playonline and became incredibly popular.

With that kind of competition betweenbig brands, strong ambush marketinglaws—such as those introduced by the UKahead of this summer’s Olympic Games—are just one tool for brand owners. Everyoneneeds their own social media campaign.

law systems would require Lami to produceplenty of evidence that its mark is wellknown if it wants to take action under pass-ing-off provisions. He added that Lami maybe able to assert copyright law, andexplained how Hong Kong Customs offi-cials can help in the fight against fakes.

Kenneth McInnes of HodgkinsonMcInnes Patents in Australia had someadvice for Joe Blow about the rules in hishome country and in Indonesia—a coun-try with a population of some 250 millionpeople, making it one of the most impor-tant markets in the region.

“In theory Indonesia has TRIPs-com-

pliant laws that should do the business-es, but in reality that’s not the case,” hesaid. “Border protection is not veryeffective. It’s better than it was 15 yearsago but it’s up to IP owners to take self-help measures.”

McInnes advised Blow to take a prag-

matic, commercial approach to tacklingcounterfeits in the country, given the highnumber of small players, the practical dif-ficulties of bringing a civil action and cor-ruption within enforcement agencies.

“Lami’s best option will be to wallpa-per retailers with warning letters,” he said.

M ore than 1,400 attendees crowd-ed into a session on keywordadvertising yesterday, where

Rosetta Stone counsel John Ramsey andother panelists shared their frustrationsabout the issue and also faced tough ques-tions about the proper legal approach.

Ramsey could not discuss specifics ofthe company’s closely watched case withGoogle over trademarks as keywords insponsored ads, but he explained to atten-dees the aggravation the brand has experi-enced over search results incorporating theROSETTA STONE trademark that man-aged to appear above links to the compa-ny’s authentic site. One example Ramseycited was Rosetta Stone Greek, which used“black hat” search engine optimization(SEO) marketing techniques to drive uptraffic. Examples of black hat techniquesinclude when a site incorporates and linksto words and phrases used by the trade-mark owner (link farming). He added thatinfringing advertisers have even learnedhow to use geo-targeting to avoid display-ing infringing ads in markets where thecompany has offices so as to keep them offRosetta’s radar. “Make sure you havemonitors in a number of different locationsand keep moving them around,” urgedRamsey.

A Google representative stood up duringthe Q&A period to remind attendees thatthe search engine’s ad platform has zerotolerance for counterfeiting, as well asproactive tools for weeding out bad actors.

“You can ask us to monitor your trade-marks in ad text and we will take down adsthat infringe,” said the Google attorney.

She was followed by Professor RebeccaTushnet of Georgetown University LawCenter, who challenged the panel toexplain why Rosetta Stone is accusingGoogle of direct—rather than contributo-ry—trademark infringement in its caseover keyword ads. Plaintiffs in keyword adcases have argued that Google profits fromthe sale of the trademarks and is thereforedirectly, as well as secondarily, liable. ButTushnet asked the panel why Google is notthen also liable for infringement whenusers click on legitimate links. “You can’thave it both ways,” she said.

Geoff Livingston, a marketing andsearch engine optimization expert whoalso spoke on the panel, said: “Peopledon’t take the time today to discern quali-ty information.” This makes it more cru-cial than ever to take creative approachesto marketing while the U.S. law on trade-marks in keyword advertising is fleshedout by the courts. Livingston encouragedbrand owners to incorporate social mediaon their sites to drive up Google searchresults. He suggested brands should engagein what he called “karmic marketing” thatwill inspire discussion on social mediaplatforms about the brand and its competi-tors, rather than discounting or discredit-ing competitors.

ICANN’s Board has decided to offer afull refund to any gTLD applicantthat withdraws its application before

the applied-for new strings are revealed. The decision, made at the Board’s

meeting in Amsterdam on Sunday, wasin recognition of the inconveniencecaused by the suspension of the TLDapplication system on April 12. Thesuspension was due to a softwareglitch that enabled some users to seefile names belonging to others.

The system is not yet back online,but ICANN was expected to provide anupdate on timings late last night. It isbelieved to be contacting more than 100users who were affected by the glitch.

The full refund means withdrawingapplicants would receive aboutUS$5,000 more than they would haveotherwise.

ICANN’s Intellectual PropertyConstituency held a meeting yesterdayin the Washington Convention Center,at which issues including new gTLDs,rights protection mechanisms, Whoisdevelopments and contract compli-ance were discussed. Also on theagenda was ICANN’s next meeting inPrague from June 24 to 29, at whichthe IPC has asked for a room to meetwith new gTLD applicants. IPC mem-bers encouraged trademark owners toattend the Prague meeting either inperson or via ICANN’s teleconferencefacilities, to make their views known.

Attendees flock to discuss keyword ads

News

INTA Da i ly News Wednesday, May 9 2012 www.manag ing ip .com2

ICANN offersgTLD refund

L awyers whose clients want toextend their brand need to askthemselves four key questions, said

John Joseph Cheek, Caterpillar Inc., at asession yesterday.

Do they want to extend a name or alogo; a product configuration; a brandpromise; or a customer experience?Whatever companies do, he said, theyshould have a clear plan.

He was outlining Caterpillar’s experi-ence of extending its brand from heavymachinery into footwear and apparel byway of a licensing deal at a session entitled

The Living Brand: Borderless ExtensionsLimited Only by the Imagination, along-side two other in-house lawyers who havehelped their companies boost revenues byexpanding into new product areas.

Cheek underlined the importance ofdoing thorough clearance checks to iden-tify similar marks that are registered forthe goods or services you intend to startselling. And he warned that phased brandextensions may “telegraph” where youare taking the brand. “Frequent and spec-ulative filings are double-edged swords,”he said.

Plan your brand extension We all need polar bears

Continued from page 1.

C ompanies outside Europe could beforgiven for thinking that trade-mark law around the EU is rela-

tively harmonized, given the EU-leveldirectives and Community trade mark sys-tem. Attendees at the Regional Update ses-sion on Europe yesterday were reminded,however, that that is not the case withunregistered marks.

The speakers took the audience on atour of European countries and their some-times confusing court decisions, beginningin the Baltics. In Latvia, the AKVAPARKSchain of water parks stopped another com-pany using the AKVAPARKS name for sell-ing a line of clothing, even though the for-mer had no registered mark and the goodswere not similar. Another case betweenLatvia and Estonia, however, saw a former

agent of the EVERMEN clothing lineretain his trademark registration becausethe court considered the agent had madesufficient investment in the brand locally—and the EVERMEN company did not havea local registration.

In France, there is very little protectionfor unregistered marks. The example givenwas Denver Electronics, a company withEuropean-wide sales that was sued inFrance after a local company registered theDENVER trademark. Denver Electronicsregistered a Community trade mark at thetime, but lost the case in France, leaving“the rather strange situation where it has avalid CTM but cannot sell its product inFrance,” said speaker Marten Bouma ofMerkenbureau Bouma.

Although there is no protection forunregistered marks as such in the Benelux,its trademark act does allow companies tobring an action based on bad faith. Thatcase was illustrated by Unilever’s attemptto protect a taco-shaped ice cream. InTurkey, too, bad faith is a powerfulweapon and the ROCKSTAR line of gamesused it successfully to cancel a similarmark.

“There is certainly a desire for harmo-nization, and that was recommended in the

“W e now hand over to PaolaGelato of Studio LegaleJacobacci to talk about

geographical indications in Italy. And Iwarn you, anyone that skipped lunch isgoing to find this difficult,” said chairJaroslaw Kulikowski of Kulikowska &Kulikowski in Poland in yesterday’s ses-sion, Appellations d’Origine: Made inEurope. And so it proved.

Gelato ran the audience through someexisting high-profile geographical indica-tions (GIs) and the key cases that haveformed legal practice on the issue. Theseincluded Pizza Napoletana, which recentlyreceived a Traditional SpecialtyGuaranteed (TSG) designation for its red,white and green toppings that mimic theItalian flag. Mozzarella di BufalaCampana is another example of a food-stuff with a TSG, which aims to protecttraditional methods of manufacture ratherthan a particular region of origin.

Then it was onto the Balsamico diModena and Salame Felino—importanttest cases—before Gelato explained thatthe Italian Consumer Protection Code wasalso a valuable tool in protecting GIs, aslabels that mislead the consumer as to theorigin of a product can lead to them beingbanned. Those products were honey, sup-

posed to be from Mount Etna, and Lardodi Colonnata (bacon).

The talk was washed down with someBudweiser beer, both the Anheuser-Buschand Budvar varieties, as Gelato talkedthrough the Italian leg of that series ofcases, which led to the Budvar GI beingrendered “null and void.”

News

www.manag ing ip .com INTA Da i ly News Wednesday, May 9 2012 3

Stereos, penguins andtaco ice cream

An Italian meal at GI session

Continued on page 4.

“For now my advicewould be to assumethat Europe is abundle of countries,not a union, onunregistered rights.”

Anders Jessen, Head of Unit for PublicProcurement and Intellectual Propertyat the European Commission’s DGTRADE, spoke on the GI panel.

W hen The Goodyear Tire andRubber Company released itsBIG FOOT TIRE, it didn’t

realize that another, smaller company,Big O Tire, was already marketing a tireby the same name. The result was a courtruling in favor of Big O and an award ofabout US$5 million in damages—a heftysum in 1977.

This was a classic case of “reverse con-fusion,” a situation in which the plaintiffbringing a trademark claim is either amuch smaller player or its mark is less wellknown than the defendant’s. This oftenleads to consumers believing the senioruser’s product is associated with the junioruser. But some panelists in yesterday’s ses-sion on reverse confusion questionedwhether distinguishing reverse confusionfrom traditional—or forward—confusionis helpful, or even fair.

“Is reverse confusion really a distinctproblem?” asked Professor RogerSchechter of George WashingtonUniversity. Schechter suggested it might beuseful to require registration for a reverseconfusion claim, or to limit monetaryremedies if the senior, lesser-known markwas not registered to curb abuse, sincesome see reverse confusion cases asencouraging extortion or blackmail oflarge companies by smaller players.

Should a small senior user be entitled tocorner the market on a name, even whereuse is limited and there is no goodwill, forexample, asked Rita Odin of The EstéeLauder Companies.

However, Schechter pointed out thatdoing away with the concept of reverseconfusion would result in a negative incen-tive for big brands. “Larger companieswould have no inhibition about taking a

smaller users’ mark, so it’s wise to providesome degree of remedy or relief,” saidSchechter.

Robert MacDonald of Gowlings saidthat Canadian and UK courts haveignored the concept of reverse confusionfor the most part, sticking to the tradition-al tests for actual confusion. “Canadiancourts have said we’re not interested,”said MacDonald.

recent Max Planck study on the Europeantrademark system,” said Bouma. “But fornow my advice would be to assume thatEurope is a bundle of countries, not a union,on unregistered rights. Protection is theexception. So register what you can.”

Ceylin Beyli of CBL Law Office inTurkey spoke to a slightly different topicat the end of the session: how much atrademark can be used in a modifiedform, but still qualify for use in order tomaintain its registration. Although EUlaw is harmonized, requiring the marknot to lose its “distinctive character” inits modified form, there have been differ-ent interpretations. In the UK, supermar-ket Asda succeeded in having several reg-istered marks for the Penguin range ofbiscuits canceled, as a counterclaim in apassing-off case.

Other examples from the CzechRepublic, Denmark and Switzerlandshowed that an instinctive reaction to themarks didn’t always tally with the rulingin the case, with Beyli ticking or crossingoff each comparison in turn. “I was par-ticularly surprised by the CRYSTALEXcase in the Czech Republic,” she said. Sobe warned that even when the law is har-monized, Europe can raise a variety ofproblems.

News

INTA Da i ly News Wednesday, May 9 2012 www.manag ing ip .com4

A red herring or appropriate remedy?Continued from page 3.

Preview Nontraditional marks

INTA Da i ly News Wednesday, May 9 2012 www.manag ing ip .com6

S ixteen years ago OHIM opened its doors inAlicante. The legislation that had created it alsoushered in a new era for nontraditional marks in

Europe. From now on, the Community trade mark regula-tion said, CTMs can be registered as long as they are capa-ble of being represented graphically and of distinguishingthe goods or services of one undertaking from those ofanother.

The flexibility that the legislation gave to OHIM isimportant, says João Miranda de Sousa of Spain’s J&AGarrigues. “A trademark is a message to a consumer thatsays ‘this is unique. It’s my product. Buy it’,” he says.“Legislation should not put additional obstacles in the wayof companies when it comes to them finding ways toattract customers.”

Miranda de Sousa, a former Director of General Affairsand External Relations at OHIM, is one of the speakers attoday’s session on nontraditional marks. He and PaulRanjard of Wan Hui Da Intellectual Property Agency inChina, Michael L. Gannon of 3M Company in the U.S.and Shelley Watson of Chivas Brothers Limited in the UKwill share their experiences of protecting nontraditionalmarks in different parts of the world and consider the beststrategies for trademark owners.

In Europe, the Court of Justice’s decision in Sieckmann(see box) was instrumental in clarifying how trademarkexaminers at OHIM should apply European trademarklaw in practice. “The Court essentially said that the prob-lem of nontraditional marks is a logical problem, not aconceptual one,” says Miranda de Sousa.

But those practical problems still remain when itcomes to applying for olfactory trademarks in particu-lar. How can smells be represented objectively? Is thesmell of cut grass (once registered as a CTM but nowlapsed) or of baking bread different in Finland than it isin Greece? It is important that IP offices are cautiouswhen it comes to granting exclusive rights to trademarkowners—which is one of the reasons why so few smelland sound marks have been registered, says Miranda deSousa.

Further relaxationEurope’s relatively liberal legislative approach to non-traditional trademarks could become even morerelaxed. In December 2010 the Max Planck Institute,which had been asked by the European Commission toconsider what changes should be made to Europe’strademark system, recommended that law makers elim-inate the notion of “graphic representation” from therequirements of trademark applications. Instead, anyrepresentation would be acceptable as long as it met theSieckmann standards of being clear, precise, self-con-tained, easily accessible, intelligible, durable and objec-tive. IP owners will find out whether the Commissionaccepted the recommendation when it publishes its pro-posals for changing the rules. This is expected nextmonth.

But while trademark owners keen to obtain nontradi-tional marks may welcome any move to relax the rules,they—and the attorneys who advise them—should keeptheir ultimate commercial goals in focus, says Miranda deSousa. That means honing in on what the client reallywants: do they just want a trade mark certificate or dothey need something to stop rivals encroaching on theirrights?

“Even word marks can be very weak,” the formerOHIM official says. “It’s not just about getting a mark onthe register. It’s about the reaction you will get when yousend someone a cease-and-desist letter.”

CW22 Registration and Protection ofNontraditional Trademarks in China,Europe and the United States takes placein room 202 AB at 11:45 am

Making your mark the nontraditional wayThere are signs that it is becoming easier to register nontraditional trademarks. But how useful are they for brandowners? A session today will compare practice in China, Europe and the United States, reports Emma Barraclough.

• The US Supreme Court case Qualitex Co v.Jacobson Products Co in 1995 established thatcolor can qualify for trademark protection.

• Shape trademarks registered include the Coca-Cola bottle, Apple’s iPod and AT&T’s globe design.

• Sound marks include Nokia’s ring tone, Intel’s jin-gle and the MGM lion’s roar.

• The plumeria scent for sewing thread was regis-tered in the US in 1990.

• Organon’s attempt to register the taste of orangein the US and Eli Lilly’s bid to register a strawberrytaste in the EU were unsuccessful.

• The German trademark office has registered atouch mark, consisting of a word written in Braille.

• The Coca-Cola bottle and Maglite torch have bothbeen registered in Japan, after the country intro-duced the concept of 3D marks in 1997.

(Nontraditional) trademark trivia

Registered nontraditional Community trade marks (March 2012)

A decade ago Europe’s highest court ruled in a casereferred to it by a German court seeking clarity over theneed for a mark to be represented graphically. In itsdecision, the Court confirmed that a trademark mayconsist of a sign which is not in itself capable of beingperceived visually (such as a sound or a smell), providedthat it can be represented graphically, particularly bymeans of images, lines or characters, and that the rep-resentation is clear, precise, self-contained, easily acces-sible, intelligible, durable and objective. It went on to saythat for an olfactory sign, the requirements of graphicrepresentation are not satisfied by a chemical formula,by a description in written words, by the deposit of anodor sample or by a combination of those elements.

Key case: Sieckmann v. Deutsches

Patent- und Markenamt

Nontraditional mark Number registered Notes Examples of the CTM andits owner

Smell 0 Only seven have ever beenapplied for, five of whichwere refused, one with-drawn, and the one suc-cessful registration hassince expired

Smell of cut grass (sinceexpired)

Sound 124 Samsung Electronics, Intel,Green Flag Group and Lego

Color 238

3D 3,257

Hologram 2 Only nine hologram markshave been applied for

Bioclin and Eve Holdings

Source: OHIM

“Legislation should not putadditional obstacles in the wayof companies when it comes tothem finding ways to attractcustomers.”

Classified

www.manag ing ip .com INTA Da i ly News Wednesday, May 9 2012 7

DE SOLA PATE & BROWNAttorneys & CounselorsCaracas, Venezuela

Intellectual property attorneys specializing in trademarks, patents,copyrights, foreign investment, technology licensing, franchising,

trademark litigation and unfair competition.

Contact:Irene De Sola (irene@desolapate.com) and/orRichard N. Brown (rbrown@desolapate.com)

www.desolapate.comdplaw@desolapate.comTel. 58-212-7939898Fax. 58-212-7939403

De Sola Pate & Brown Attorneys & CounselorsTorre Domus, 16th FloorAv. Abraham LincolnSabana GrandeCaracas, Venezuela

Est. 1944 “Global Experience

brought to Venezuela”

13th Fl., 27 Sec. 3, Chung San N. Rd., Taipei 104, Taiwan, R.O.C.Tel: 886-2-25856688 Fax: 886-2-25989900/25978989Email: email@deepnfar.com.tw www.deepnfar.com.tw

ProsecutionInfringementLitigationIP

B oth the Trademark Trial and Appeal Board (TTAB)and U.S. courts have been hard at work again thisyear on the topic of functionality. In the courts

especially, judges seem to be grappling with the properinterpretation of the doctrines of utilitarian and aestheticfunctionality for the second year in a row. Two importantdecisions seem to have clarified the functionality analysisin the courts for now, but a Federal Circuit ruling on theBoard’s interpretation of the utilitarian functionality doc-trine demonstrates that judges are still uncertain aboutwhere to draw the line between trademark-eligible subjectmatter and functional features.

A fix for functionalityOne of the most notable recent developments on aestheticfunctionality came from the Ninth Circuit in FleischerStudios v. A.V.E.L.A., a case that had the trademark barup in arms at last year’s Annual Meeting. In its February2011 decision, the Ninth Circuit Court of Appeals hadruled that Fleischer didn’t adequately show it held thecopyright to the well-known Betty Boop character and thatA.V.E.L.A did not infringe Fleischer’s trademark becauseits use of Betty Boop to sell merchandise was functional.

That analysis is what The Trademark Reporter authorand speaker in today’s Annual Review of U.S. Federal andTTAB Developments session, Theodore Davis of KilpatrickTownsend & Stockton, refers to as a “defensive functional-ity” approach. This means the court was addressing claimsthat what the defendant did was not actionable because itwas functional, rather than focusing on whether the plain-tiff’s use of the mark was functional. INTA and many oth-ers argue the latter interpretation is proper.

A similar analysis was applied by the U.S. DistrictCourt for the Eastern District of Virginia in August2010, when it ruled in Rosetta Stone v. Google thatusing trademarks as keywords to identify relevant spon-sored links is a functional use, and that Google is there-fore protected from infringement claims under the doc-trine of functionality.

INTA attacked this analysis in its amicus curiae brief tothe Fourth Circuit Court of Appeals.

But within the last year, both rulings have been replacedto the great relief of trademark owners and practitioners.The Ninth Circuit in August last year withdrew its originalopinion in the Fleischer case and issued a new one thatmade no mention of aesthetic functionality. And in theRosetta Stone case, the Fourth Circuit Court of Appealsstruck down the district court’s functionality analysis, stat-ing clearly that “the functionality doctrine simply does notapply in these circumstances.”

While those rulings have put some fears about a recentexpansion of the functionality doctrine to rest for now, theSecond Circuit Court of Appeals is still set to rule inChristian Louboutin v. Yves Saint Laurent, another close-ly watched case involving the interpretation of the func-tionality doctrine. The district court in that case ruled thata red sole on a shoe is functional and cannot be trade-marked. Although Davis says this is a proper applicationof the functionality doctrine, he remains critical of theopinion. Says Davis: “My criticism is that it seems to beadopting a bright line rule that color can never function asa trademark in the fashion industry.”

Feature U.S. case law review

INTA Da i ly News Wednesday, May 9 2012 www.manag ing ip .com8

A year in trademarks: Functionality, dilution…The Trademark Reporter authors John Welch of Lando & Anastasi and Theodore Davis of Kilpatrick Townsend &Stockton will highlight some of the key matters in a number of areas that are shaping trademark law today. EileenMcDermott reports.

“The dilution statute has beenaround for years and nobodyknows what to do with it still.”

TTAB and functionalityJohn Welch of Lando & Anastasi, who will be coveringdevelopments at the TTAB during today’s case law reviewsession, will also be focused on functionality, particularlywith respect to one recent case that Welch says “reopens awhole can of worms.”

In In re Becton Dickinson and Company, a dividedpanel of the Federal Circuit affirmed a TTAB decisionrefusing registration of a closure cap for blood collectiontubes. The panel focused on how much of a design must befunctional for it to be ineligible for trademark protection,and took two different approaches. The divide highlightsthe uncertainty about where to draw the line betweenpatent and trademark protection. “The question is whereto draw the line for purposes of Section 2(e)(5): how sig-nificant must these non-functional features or elements beto avoid the verdict that the design is functional ‘as awhole’?” says Welch.

Dilution and fraudWelch will also highlight the Board’s recent approach todilution, which he says is front and center there lately.“For the first 12 years of the dilution statute there weretwo cases where the Board found dilution, and in the lastsix months there have been three,” says Welch. One note-worthy case involved watch maker Rolex, which failed toprove dilution because it did not adequately show that therival mark would have changed the marketing power of

ROLEX. “That was interesting because the mark hadnever been used, so I don’t know how they would haveproven that,” notes Welch. He adds: “The dilution statutehas been around for years and years and nobody knowswhat to do with it still. It’s inconsistent and shows theTTAB is really struggling with how to apply it.”

As for proving fraud at the TTAB—perhaps the hottesttopic at the Board in recent years—since In re Bose Welchsays such claims are dead in the water. “In the 32 monthssince Bose not a single fraud claim has been upheld,” saysWelch. “It’s hard to get them to even look at the issuenow.”

But that doesn’t mean fraud pleadings are less fre-quent. “People still plead it all the time because it’s aneffective tool. It causes all kinds of heartache,” addsWelch. A claim of fraud can cause personal as well asprofessional angst, so the accusations continue despitethe Board’s refusal to acknowledge them. Welch says he’dlike to see the Board impose a rule to “stamp down” onsuch behavior. “They should pass a rule where if youplead fraud, an interlocutory attorney must participate inthe settlement conference so they can kick it out rightthere,” says Welch.

CW01 Annual Review of U.S Federal CaseLaw and TTAB Developments takes placein room 146 ABC at 10:15 am. There isoverflow seating in room 145 AB

Feature U.S. case law review

www.manag ing ip .com INTA Da i ly News Wednesday, May 9 2012 9

and goats

In one of the more bizarre TTAB cases this year,Robert Doyle petitioned the Board to cancel two regis-trations comprising live goats on a grass roof. Heclaimed the marks negatively affected him because“many establishments in the classes to whichRegistrant’s mark apply have, because of Registrant’smarks, refrained from placing goats on their grassroofs, as a result of which Petitioner has been, and willcontinued (sic) to be, damaged in that Petitioner hasbeen, and will continue to be, unable to satisfy hisdesire to take photographs of goats on grass roofs.”

The Board dismissed the petition, and Al Johnson’sSwedish Restaurant’s goats remain paparazzi-free.

Source: John Welch, TTABlog

Goats on a roof

What is your background?I’m Vice President and Senior Counsel for Western Unionand have been with the company for nearly eight years. I’minvolved in the company’s IP matters, and I also haveresponsibility for supporting the marketing teams in theAmericas, as well as the corporate affairs and privacy anddata security functions.

I added IP work to the variety of work I handle in 2006.It was a very natural progression as I had been supportingmarketing teams up to that point so when we spun offfrom First Data, it made sense to add IP, given my experi-ence with trademarks and copyrights in marketing.

Was IP new to you then?It’s something I’ve picked up over time. I didn’t focus on itpreviously, other than in relation to the marketing work.

Now, quite a lot of my time is devoted to IP, given ourportfolio. We have over 1,400 trademarks in 200 countriesand territories, and we handle copyright and patent work,as well. I have five people on my team.

What kind of trademark work do you handle in-house?Over time we’ve tried to bring more work in-house, asmany other companies have given recent economic timesand budget constraints. We use outside counsel for rou-tine maintenance and interacting with foreign associatesand also for the more challenging trademark and copy-right matters. We do a lot of clearance in-house, but if it’sa grey area, we’ll engage our outside counsel to get anopinion, as well.

What are the biggest issues you face?The issues that we face are not very different from thosefaced by other famous brands. We monitor the Internet forunauthorized use of our marks and take action where thereis a likelihood of confusion, dilution or tarnishment. Wealso do some trademark licensing, which we handle in-house, including with movie studios where we’re asked toinclude our trademark or logo in one of the scenes.

It’s product-placement type work. We haven’t activelysought it, but studios have approached us. A cross-func-tional team internally looks at each request and decideswhether we want our brand associated with the movie orthe particular scene. Usually, we are able to see the scriptbefore we decide.

Other challenges come from operating on a nearly-glob-al basis, and the laws being different from one country toanother.

What are the major brands?Our core marks are WESTERN UNION, the initials WU,our telegraph pole logo and our yellow and black tradedress. Some of those date back to 1856, when the WesternUnion name was introduced, signifying the union of mul-tiple telegraph companies, including those in the Western-most regions of the U.S.

Is it an advantage having such a long history?I think it’s an advantage. We have famous marks aroundthe world, and that gives us extra tools when it comes totaking action against others who have inappropriatelyused our marks.

We run into a number of scenarios where people aretrying to use our marks. The details vary. In a lot of cases,

it involves companies trying to use marks in connectionwith financial services, but not always.

Do you have particular challenges online?The Internet does present challenges in that it makes it easyfor somebody to copy our materials, and that is a big chal-lenge. There’s a fairly common misconception out therethat if you find something on the Internet, you’re free touse it however you want.

Over the years we’ve put tools in place to monitor usesthat we think are problematic. We’ve run across all kinds ofchallenges, from domain names that incorporate our marksto copying copyrighted materials from our webpages tousing our marks in a manner that’s not authorized.

With the tools we have in place, we usually get a prettygood sense of when that activity is happening and can dealwith it internally or sometimes get outside counselinvolved, as well.

Do you have to make a lot of defensive domainname registrations?We do have some, but over the years we’ve taken steps todecide which ones it made most sense to keep and whichones to let go. So the defensive registrations today are nota large component of our domain portfolio.

What about new gTLDs?We’ve been monitoring that and have had a series of con-versations with our senior business leaders. Not surpris-ingly, we’re not in a position to say whether or not we haveapplied yet.

What qualities do you look for in outside counsel?We have trademark counsel in the U.S. that we’ve beenusing for years and are very pleased with the services

we’ve gotten from that firm. For matters outside the U.S.,we go through that firm as they have an extensive net-work of foreign associates in the countries in which weoperate.

What makes them good?First of all, the managing attorney is outstanding, and sheis a great business partner for us. She alerts us to appropri-ate matters, and we’ve developed a good working relation-ship with the firm over years. They also have a deep under-standing of the business.

What’s the connection with Travelex?We purchased Travelex Global Business Payments lastyear, and the services provided are very similar to thoseprovided by another company we bought, Custom House.Both companies focus on cross-border business-to-busi-ness payments, including making payments and managingforeign exchange exposure. One of the tools is for lawfirms, and we always have a booth at the INTA AnnualMeeting to showcase those tools.

So you have a license to the TRAVELEX brand?There is a license agreement associated with the acquisi-tion. We’re in a rebranding effort right now, but we’ll beusing the TRAVELEX brand for a bit longer while that’sgoing on.

Do you have any other major brands?We do have ancillary brands that are more regionalized,such as VIGO and ORLANDI VALUTA, and PAGOFACIL in South America.

Is there a move towards global branding in theindustry?I think so. Our focus in recent years has been to concen-trate on the core, and we began an exercise several yearsago where we really focused on the WESTERN UNIONbrand and developed sub-brands under that core.

What do you like about IP?I love the diversity of the work. My team and I support allaspects of IP on a global basis. That keeps the work veryinteresting.

What advice would you have for someone con-sidering working in-house?I’d say make sure you have good outside counsel, and useevery opportunity as a learning opportunity. Also makesure you remain close to the business, understand the strat-egy and where the company wants to take the brand andlogo and any new products or services that might be intro-duced, as well as acquisitions. Also, have a good workingrelationship with the business teams.

What other IP work do you do apart from trade-marks?In addition to trademarks, I deal with copyright, patentand trade secret matters on a global basis.

Have you been affected by patent trolls?We really haven’t seen anything like that relating to ourcore business. We’ve been fortunate in that respect, butI know a number of other companies that have beenaffected.

From money to the moviesScott Paintin is in charge of protecting intellectual property for Western Union, including the Washington D.C.-basedTravelex Global Business Payments. James Nurton spoke to him.

Interview Scott Paintin, Western Union

INTA Da i ly News Wednesday, May 9 2012 www.manag ing ip .com10

Classified

www.manag ing ip .com INTA Da i ly News Wednesday, May 9 2012 1 1

Providing pragmatic and global solutions since 1978

Our Intellectual Property service includes:• Trademarks, designs and patents• Opposition and cancellation proceedings• Intellectual property rights protection• Arranging customs seizures and enforcement

ContactsAngus ForsythTel: (852) 2533 2543 Email: angusforsyth.office@sw-hk.com Lai LamTel: (852) 2533 2545 Email: lailam.office@sw-hk.com

Head Office: 4/F & 5/F, Central Tower, No.28 Queen’s RoadCentral, Hong KongChina Office: Suite 1704, Citic Plaza, 233 Tian He N. Road,Guangzhou 510613, China

www.sw-hk.com

The Global IP Resource START YOUR FREE TRIAL TODAYVisit us at booth #639, 641

Y our client is rolling out a new global brand, butbudgets are tight so you need to decide whichcountries to protect in. Of course, you will register

in your main markets but what about developing countriesthat may become important markets in the future? Is itworth obtaining registrations? Are there cost-effective andlegally sound ways to do so using regional systems or theMadrid Protocol? And what can you expect from trade-mark offices if you do decide to register?

If you find yourself asking those sorts of questions, a ses-sion today on trademarks in Africa will be invaluable. Thecontinent is home to more than 1 billion people, one-sixth ofthe world’s population. But it comprises 56 countries, with avariety of languages and legal traditions, so obtaining trade-mark protection is complicated. To make matters even moredifficult, in some African countries it can take years to obtaina registration.

Marco van der Merwe of Spoor & Fisher, who is mod-erating today’s session, adds that many countries also haveunfamiliar characteristics: “Many African countries stillhave their own classification system, with up to 56 classes,dating back to the nineteenth century.” And then there isSouth Sudan, a new country that as yet has no trademarklaw at all. In this case, advises van der Merwe, the beststrategy is “belt and braces”: publish a cautionary notice

stating your rights in a local newspaper to try to establishcommon-law rights. He says that such an approach hasproven effective in countries such as Ethiopia in the past.

Despite the challenges, there are systems to helptrademark owners. The Organisation Africaine de laPropriete Intelectuelle (OAPI) enables applicants to registermarks in 16 French-speaking countries, while the AfricanRegional Intellectual Property Organisation (ARIPO) has 18English-speaking member states. Today’s session will discusshow both work, and van der Merwe says they providecontrasting lessons: “OAPI works really well but ARIPOnot quite so well, mainly because the national legislation ofthe participating countries hasn’t been amended.” GiftSibanda of ARIPO will explain more in today’s session.

International trademark owners who use the MadridSystem can also extend their rights to the 16 African coun-tries that are members. But again there are problems insome common-law countries where there are doubts about

whether the implementing legislation has been passed. It isimportant to be clear what the status is in each country,says van der Merwe: “In some registries, all those filesfrom WIPO literally sit in a corner somewhere because theregistry staff don’t know how to deal with them.”

This highlights a problem that afflicts many parts ofAfrica—lack of resources and outdated equipment. Whilethere are countries such as Namibia that has a modernizedsystem, and Zimbabwe where applications are publishedin about nine months, there are others where nothing hap-pens to applications for two or three years. This can befrustrating, but van der Merwe says it is important toremain patient: keep records, help the office where you can(without telling them what to do) and support the localprofession in their efforts to improve the infrastructure.

Van der Merwe emphasizes that most multinationals withglobal brands seek protection in the major African markets,as well as in those countries where they have local manufac-turing. Some industries are also driven to register morebroadly by local developments, such as the discovery of oil inAngola and gas and coal in Mozambique. The lesson is: withpatience and a clear strategy, you can get protected.

CW02 Regional Update-Africa takes placein room 147 AB at 10:15 am

Maximize protection in AfricaA panel today will discuss the best strategies for protecting your marks in Africa, as James Nurton discovers.

Feature Africa

INTA Da i ly News Wednesday, May 9 2012 www.manag ing ip .com12

Yesterday’s Association Brunch

In-House Practitioners Reception

Competition winners

www.manag ing ip .com INTA Da i ly News Wednesday, May 9 2012 13

Yesterday’s contest winnerJeff Epstein of Cowan Liebowitz & Latman

Come to the INTA Booth by 2 pm

to claim your prize.

The answer was: The Senators left Washington

after the 1971 season; the Nationals started

playing here in 2005.

Visit the Exhibition Halltoday for one more chance

to win an iPad device! The hall is open till 2:00pm.

Previous winners:Monday:

Colleen F. Goss, Fay Sharpe, Cleveland, Ohio, USA

Tuesday: Patricia Hoet-Limbourg, Hoet Pelaez Castillo

& Duque, Caracas, Venezuela

In-house Practitioners Reception Raffle Winners

Grand Prize: 2013 Annual Meeting RegistrationCarolyn Dinberg, InterContinental Hotels Group

Forum Registration (excludes Annual and Leadership Meetings)Tina Bondy, Big Fish Games

Registration to 2013 In-House PractitionersLuncheon and Workshop (during Annual Meeting)

Tim Woolsey, HyattDavid McDonald, Abbott LaboratoriesAngela Steele, McDonald's Corporation

QUIZINTA DailyNews 2012

The African Intellectual Property Organization (OAPI)returns to the Exhibition Hall with a booth decorated inAfrican style. A participant in INTA activities for manyyears, the OAPI is the office of industrial property for16 states of Central and West Africa.

CORRECTION Contrary to what was stated in yesterday’s issue, the northern indigenous people of Alaska refer tothemselves as Eskimo. The northern indigenous people of Canada refer to themselves as Inuit.

Vox pop

INTA Da i ly News Wednesday, May 9 2012 www.manag ing ip .com14

Marinos Cleanthous, Christodoulos G.Vassiliades & Co, Nicosia, Cyprus I would liketo see stability in the world and for the econo-my to develop again and people to feel secure.We need stronger IP laws around the world andbetter enforcement in general, and particularlyon the Internet.Ioana Dragulin, Rominvent, Bucharest,Romania Romania has been in the EU since2007 but we expect use of the Communitytrade mark among Romanian companies togrow. It’s a more efficient way for Romaniancompanies to get protection in the EU.Guoping Liu, Runping & Partners, Beijing,China I expect to see more training programsespecially for people who are new to IP. Chinesecompanies are paying more attention to IP and Ihope there is the opportunity for more peopleto attend training programs in China. Ramesh C. Dhawan, Lall Lahiri & Salhotra,Gurgaon, India I’m looking forward to Indiaswitching to the Madrid Protocol. That is longoverdue but the Registry is now making prepa-rations to meet the timelines. It is alwaysunpredictable where politics is concerned, but Ihope it will be decided by the end of this year.Indian companies are exporting more and Iexpect many companies will use this system.Sudarshan Kumar Bansal, United OverseasTrade Mark Company, New Delhi, India In thecoming year there will be greater awareness of IPlaws among business, lawyers and young people.IP will become a central part of business strategy,rather than a side issue. More people will use IPas a business tool to generate profitability andmarket access throughout the world. Chikako Hashimoto, Chikako Hashimoto &Associates, Tokyo, Japan I hope the economicsituation will improve. When there is a recov-ery, that will have a big impact on IP and trade-mark work.

Nicoleta Tarchila, Cabinet Enpora, Bucharest,Romania We’re hoping for more newly filedtrademark applications. National applicationsfrom foreign clients have diminished sinceRomania joined the EU so we are fighting fornational clients and looking for moreCommunity trade mark work.Howard M. Gitten, Edwards Wildman, WestPalm Beach, U.S.A. I’m always looking forthat one big, unexpected case—the BlackSwan. For me the most interesting casesturn on their facts and you can never besure when they will turn up. But at themoment the Internet seems to be generatinga lot of them.Renee Xavier, Alpha Omega, Singapore I workwith a lot of southeast Asian companies and Iam looking forward to an increased awarenessof IP assets and how much revenue they canachieve. There is a lot of education to do. TheSingapore government funds IP strategy and IPaudits, but despite that many companies don’ttake full advantage.Pedro Alberto Jedlicka Z, Markven, Caracas,Venezuela In Venezuela, we look forward tobecoming part of a regional treaty, but it is notclear whether that will be the AndeanCommunity or Mercosur. We need that tobecome clear. It will have a huge impact for IP,especially if we go back to the AndeanCommunity. Another thing we hope for is thatthe government will take patents seriously.David Lopez, SICPA Holding, Prilly,Switzerland We used to have our work cen-tralized in Asia and we are changing to hav-ing an individual presence in each country.We’re removing the middleman and we hopewe can get more quality information bydirect communication. We have formalitiessystems in place so we hope the change willbe smooth.

What are you most looking forward to next year? Unreal Campaign�@UnrealCampaign

Welcoming DC High School students to ourofficial launch event! So glad you guys couldall join us!! #Unreal #INTADChttp://pic.twitter.com/CjUKXACu

Peter S. Sloane�@LeasonEllisMeetings at #INTADC are great, but the realfun is running into old friends and colleaguesunexpectedly.

Anne Glazer�@AnneGlazerAt geographical indications session #INTADCEuropeans explain complex layers of laws

Owen Smigelski�@lothar97FTC now going after mobile apps. Stopped anAcne App for improper health claims (lightsfrom the app could cure acne) #INTADC

William Gould�@wllmgould@legallysocial The #INTADC stream is full oftweets about receptions and a pool party? I’mhanging with the wrong people.

Traverse Legal, PLC�@traverselegal #INTADCwondering if any late nighter have needed thecontact number on back of badges. “Hellomam, this is officer.. your husband...”

Jonathan Aumonier�@aumonier @_INTA Anti-Counterfeiting EAP SubCommittee. TM lawchanges: Australia, Taiwan, Singapore,Malaysia, Philippines, Thailand, & Korea#INTADC

Paul Donovan�@braunovanWhen you are trying to look at someonesbadge & they give u a look “its not me thatyou’re meeting” should be a name for that look#INTADC

Chong-Yee Khoo�@CantabIP#INTADC last meeting just finished - just acouple of receptions and then we’re off. Seeyou next year in Dallas!

#INTADC

The United States Patent and Trademark Office (USPTO) will host the 2012 National Trademark Expoon Friday, October 19 and Saturday, October 20 at the USPTO’s headquarters in Alexandria, VA. Thefree, two-day event is designed to educate the public about trademarks and their importance in theglobal marketplace. Last year’s Trademark Expo attracted more than 15,000 visitors of all ages.

Exhibitors are invited to showcase their federally registered trademarks through educationalexhibits, including booths, themed displays, costumed characters, and inflatables. In addition, theExpo features educational seminars for adults, and children’s workshops and activities.

Space is limited, so owners of federally registered trademarks who wish to participate in this year’sTrademark Expo should submit an application by May 18, 2012. Apply online atwww.uspto.gov/TMExpo

Applications to exhibit at the Expo will be evaluated on the following criteria:• Brand recognition among consumers• Ability to engage the public’s interest in trademarks• Educational value of the proposed exhibit to enhance public understanding of the value of trademarks• Category diversity, in particular whether an applicant’s participation helps ensure that the Expo will feature a variety of different types of trademarks from different sources

USPTO 2012 National Trademark Expo

Applications will be reviewed by the National Inventors’ Hall of Fame on a rolling basis. Those applicants who areselected to exhibit in the Expo will be notified by June 15, 2012.

For non-press inquiries, please email TMExpo@uspto.gov or contact Susan Hayash at (571) 272-9362, Lana Pham at(571) 272-9478 or Carol Spils at (571) 272-9226.

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Photography Eddie Arrossi Photography

The INTA Daily News is produced by ManagingIntellectual Property in association with theInternational Trademark Association. Printed byEssence Printing Inc. The INTA Daily News is alsoavailable online at www.inta.org andwww.managingip.com. © Euromoney InstitutionalInvestor PLC 2012. No part of this publication maybe reproduced without prior written permission.Opinions expressed in the INTA Daily News do notnecessarily represent those of the INTA or any ofits members.

Alprin Law Offices and Rabin & Berdo

Dumont Bergman Bider

Altius Arnold & Siedsma

Bircham Dyson Bell andNelligan O’Brien Payne Bird & Bird Borden Ladner Gervais

Buchanan Ingersoll & Rooney Chadha & Chadha Corsearch Fross Zelnick Lehrman & Zissu

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Meet the BloggersMillen White Zelano & Branigan

Smart & Biggar

Novak Druce & Quigg

Squire Sanders Treadstone Vivien Chan & Co

Today’s Schedule | Wednesday, May 9, 2012All events take place at the Washington Convention Center (WCC) unless otherwise indicated. Consult the Final Program for times and locations of invitation-only events.

7:30 am – 2:00 pm REGISTRATION East Registration

7:30 am – 4:00 pm HOSPITALITY Hall D

8:00 am – 10:00 am BREAKFAST TABLE TOPICS 150 AB

8:00 am – 10:00 am PDA Executive Council 144 AB

9:00 am – 10:00 am PUBS Group Council 143 A

10:00 am – 11:00 am India Business Group 144 AB

10:00 am – 2:00 pm EXHIBITION HALL Hall D

10:00 am – 2:00 pm Tour Booth East Registration

10:15 am – 11:30 am CONCURRENT SESSIONS

CW01 Annual Review of U.S. Federal Case Law and TTAB Developments 146 ABC (overflow: 145 AB)

RW01 Regional Update—Africa 147 AB

10:30 am – 11:30 am SPEED NETWORKING Hall D

11:00 am – 12:00 pm North America Council 143 A

11:45am – 1:00 pm CONCURRENT SESSIONS

CW20 Trademarks 2.0: The Impending Rebirth of the Intangible Asset 207 AB

CW21 All Dressed Up, But Where to Go? The Challenges of Proving and Defending Trade Dress Claims 146 ABC

CW22 Registration and Protection of Nontraditional Trademarks in China, Europe and the United States 202 AB

IW20 Industry Breakout: Game Plan 2012—Brand Protection and the Business of Sports 147 AB

12:00 pm – 1:00 pm SPEED NETWORKING Hall D

1:15 pm – 3:15 pm LUNCHEON TABLE TOPICS 150 AB

7:00 pm – 11:00 pm GRAND FINALE: INTA Headliners Newseum

Shuttles depart from hotels beginning at 6:45pm