Section Meeting - Intellectual Property -"Initial Interest Confusion Finds Extra Support"

  • 22 Jun 2021
  • 12:00 PM - 1:00 PM
  • Virtual Meeting - Zoom call-in number will be provided prior to event
  • 63



"Initial Interest Confusion Finds Extra Support"

In a legal framework aimed at preventing customer confusion, courts for decades have wrestled with the type of confusion that catches a consumer’s eye even if the consumer can quickly determine upon quick review what the source of the product is (or is not).  The Initial Interest Confusion doctrine has troubled courts because of what seems to be a “you know it when you see it” standard.  Recently, in Comfort Corp. v. Baxter, the 8th Circuit found that Initial Interest Confusion is still a viable trademark infringement theory.  In our lunch discussion, we’ll go through a brief refresher course of trademark theories and principles, the spotty past of Initial Interest Confusion, and discuss the implications of the 8th Circuit’s recent decision.

Presented by: Brian Anderson, Esq.

Speaker Bio:  Brian Anderson is a civil litigation associate at Gibson, Dunn & Crutcher where he is proud to consider himself a generalist with a broad array of substantive experience including in all areas of Intellectual Property.  However, while his experience is varied, Brian has always had a special place in his heart for Trademark Law and takes every chance he gets to speak on the topic, whether that be advising clients on trademark registration, educating groups of small business owners about their trademark rights, or ranting to his patient wife over dinner how frustrating it is when strangers on the internet get up in arms whenever a celebrity tries to trademark a word as if that means the celebrity is trying to claim full ownership of the word, and Brian is excited to give his wife and friends a break and discuss this development in Trademark law with the OCPA IP Section.  

OCPA is a State Bar of California Approved MCLE provider and certifies that this seminar qualifies foMCLE CREDIT 1.0.

Please note that OCPA does not accept checks or cash as a form of payment. Please log in to your OCPA account to submit electronic payment via credit card, debit card or PayPal. 


Event Fee: $10.00 for OCPA members, $20.00 for non-members 

Location: Zoom Virtual Meeting - Call in number will be provided to registrants via email one day prior to the event.

Time:  Presentation begins at 12:00 p.m. (Please log onto Zoom about 5-10 minutes early)

Note: Deadline to register for this presentation is June 21, 2021.


*Cancellation Policy - If you need to cancel your reservation, please e-mail Section Chairs Stephanie Kann at or Rachal Alm at No refunds will be issued. Credit for a future meeting will be held in your OCPA account which may be applied to future meetings if your cancellation is received no less than 48 hours prior to the event.

Questions? Please contact VP of Administration, Milady Cambare at If you have a topic or speaker you would like to hear at an upcoming section meeting, please let us know.


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