2020 Top Trademark Tips for Avoiding Malpractice Lawsuits

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Despite being the most valuable assets many businesses and organizations will ever own, trademarks are frequently overlooked by general practitioners. Unfortunately, failing to address trademark issues during the business formation stage, before the launch of new products/services, or as part of a business sale or acquisition, can lead to dire consequences, wasted money, and irate clients. Of course, this is a perfect recipe for a bar complaint or malpractice lawsuit to land on your desk. Thankfully, experienced trademark attorneys Morris Turek and Sandra Wunderlich are here to show you how implementing just a few practice points can prevent this from happening to you.   

Key Points: 

• Why a search of the Missouri Secretary of State’s corporate records is irrelevant for trademark clearance purposes 
• The differences in trademark rights granted by the common law, state trademark registrations, and federal trademark registrations 
• How to spot and proactively prevent expensive and devastating trademark issues from arising during the course of representing a business or organization 
• The differences between a comprehensive federal trademark search and a “knockout” or cursory trademark search and when to use each type 
• Understanding the benefits and protections of federal trademark registration with the United States Patent and Trademark Office (USPTO) 
• Preserving and evaluating the value of trademark rights in business transactions. 

Speakers:  Sandra J. Wunderlich, Tucker Ellis LLP, St. Louis and Morris Turek, YourTrademarkAttorney.com, Chesterfield 

Moderator: Laurie Washington, O’Reilly Auto Parts, Springfield

Since 2005, Morris Turek has been helping entrepreneurs, businesses, non-profit organizations, and educational institutions avoid the high costs and devastating effects of being sued for trademark infringement. He does this by clearing and protecting the names, logos, and slogans they use to advertise/sell their products and services.

Sandra WunderlichRelated seminars and products: 2

Tucker Ellis LLP

Sandy Wunderlich has a diverse litigation background, with particular emphasis on intellectual property consulting and litigation.

An experienced trial lawyer, Sandy has been lead trial counsel in a dozen jury and bench trials. Over the past 25 years, she has litigated patent, trademark, copyright, and domain name matters from the cease-and-desist stage through appeal. A member of the Federal Circuit, she has successfully handled appeals in that court. Outside of litigation, she provides intellectual property consulting on the likelihood of litigation and strategizes with clients on ways to avoid it.

Sandy has represented large pharmaceutical manufacturers, agricultural and industrial manufacturers, a Fortune 50 company, and large national banks and credit arms of Fortune 100 companies in areas including mass tort and product liability, medical device and pharmaceutical liability, financial services litigation, and in other complex litigation. She also defends clients in individual or class actions alleging violations of the Illinois Biometric Information Privacy Act, which regulates the use of employees’ biometric data, such as fingerprints, voiceprints, retina scans, and facial recognition technology.

Sandy has litigated intellectual property disputes in Missouri, Kansas, Delaware, Minnesota, Illinois, Tennessee, California, Texas, and Ohio, and has appeared in other states including Florida, New York, and New Jersey in other matters. Sandy handles appeals in the highest appellate courts at both the state and federal level.

Early in her career, Sandy served as the first judicial clerk to the Honorable Elwood L. Thomas of the Missouri Supreme Court. There, she established procedures for reviewing appellate briefs, evaluated writs seeking extraordinary relief, prepared outlines for Judge Thomas to use during oral argument, and researched and drafted opinions at his direction.

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