Pre-recorded from INTA's 2024 Annual Meeting

Presented by the Brand Restrictions Committee

In the context of brand restrictions, this panel session titled “Trademark Use and Advertising” aims to shed light on the intricate relationship between advertising regulations and brand limitations. The session will explore the challenges faced when determining whether advertising restrictions should be considered as brand restrictions.

The panel will provide an insightful overview of a resolution passed in March of this year, focusing on its background, the underlying need for such a resolution, and the ultimate objective it aims to achieve. Esteemed contributors who played a significant role in shaping the resolution have graciously accepted to be part of this panel, ensuring a diverse range of perspectives and expertise.

Through open and unbiased discussions, the session will delve into the complexities surrounding trademark use and advertising, addressing the blurred lines between restrictions imposed on advertising practices and their impact on brand identity. Attendees will gain a deeper understanding of the evolving legal landscape and the implications for businesses and consumers alike.

Moderator: Myrtha Hurtado Rivas, General Counsel Brands and Marketing Properties, Anti-Counterfeiting & Licensing, Nestlé (Switzerland)

Speakers:

Thilo Agthe, Partner, Wuersch & Gering LLP (USA)
Lorraine Fleck [remote], Principal, Fleck Innovation Law (Canada)