Courses from Minnesota attorney Thomas James
Trademark Search Skills Training
Learn how to conduct a trademark search or update your existing search skills in this 3-part series of 1-hour interactive webinars. Includes demonstrations and practice exercises to help you gain proficiency in searching the USPTO’s database with field tags and RegEx (Regular Expressions).
Register for Trademark Law Basics & Likelihood of Confusion
Register for The USPTO’s New Trademark Search System
Register for Advanced Trademark Searching with Regular Expressions
MODULE 1: Trademark Law Basics & “Likelihood of Confusion” Analysis
June 10, 2024
12:00 – 1:00 p.m. CDT
1:00 p.m. EDT; 11:00 a.m. MDT; 10:00 a.m. PDT and MST; 9:00 a.m. AKDT.
$30.
What qualifies as a trademark; types of trademarks (word, design, sound, trade dress, etc.); categories of marks; trademark registration and registration systems; the legal requirements for a valid trademark; duration of trademark rights; the Trademark Modernization Act; ethical issues in searching and clearing trademarks; Particular emphasis is given to the concept of “likelihood of confusion,” including the DuPont and Sleekcraft factors, and USPTO and judicial guidance on such things as foreign and legal equivalents, unitary consideration, and relatedness.
MODULE 2: The USPTO’s New Trademark Search System: Field Tags and Drop-Down Menus
June 11, 2024
12:00 – 1:00 p.m. CDT
1:00 p.m. EDT; 11:00 a.m. MDT; 10:00 a.m. PDT and MST; 9:00 a.m. AKDT.
Cost: $30.
On November 30, 2023, the USPTO retired TESS (Trademark Electronic Search System) and replaced it with a new, cloud-based search system. Searches in the new system use different syntax and make use of the RegEx (Regular Expressions) programming language. This module introduces students to the USPTO’s new search system, including guidance on when to use a drop-down menu search and when to use field tags. The second half of this course will focus on searching the USPTO database with field tags, guiding students with demonstrations. The module includes a set of exercises to give students a chance to practice using the new system to search the USPTO database.
MODULE 3: Advanced Trademark Searching with Regular Expressions
June 12, 2024
12:00 – 1:00 p.m. CDT
1:00 p.m. EDT; 11:00 a.m. MDT; 10:00 a.m. PDT and MST; 9:00 a.m. AKDT.
Cost: $40.
Learn how to use Regular Expressions with field tags to conduct a trademark search. The first part of this course explains what you need to know about syntax, wildcards, groupings, quantifiers, and logical operators. The second part describes the elements of a search strategy, beginning with how to immediately rule out a mark (“knock-out” search), then use Regular Expressions to broaden the search to include homophones, alternate spellings, and other potentially confusing similar marks; and finally, how to narrow the results and review records for potential confusion between an existing trademark and the one sought to be cleared. Attendees will also learn about the ethical issues that are raised by what the USPTO calls “dabbling” by non-trademark attorneys, and the line between trademark searches and practicing law. The course includes instruction on how to conduct clearance searches for design marks, too.
The module includes a set of over 50 exercises to give students a chance to practice searching the USPTO database using regular expressions.
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CLE credits:
Attorneys:
Alaska, Arizona,* Arkansas, Connecticut, Guam, Hawaii:, Minnesota, Mississippi, Missouri, New Hampshire,* New Jersey,** New York,*** North Dakota, Northern Mariana Islands, Virgin Islands, and Wisconsin: 1 credit hour may be claimed for each course (3.0 credit hours for all three.)
California: Georgia, Vermont: Approval pending.
Self-certify credit may be available in other jurisdictions.
Paralegals:
NALA and NFPA accredited for 1.0 continuing education credit hour for paralegals, per course (3.0 credit hours for all three.)
*Arizona and New Hampshire do not accredit CLE activities for the Mandatory Continuing Legal Education requirement. Because these courses have been approved and accredited in jurisidictions with similar MCLE standards, Echion believes they should also qualify for credit in Arizona and New Hampshire.
** New Jersey attorneys who take courses approved for CLE by another state (as these courses are) will receive 1:1 credit for these courses through reciprocity. However, attorneys should be aware that there are differences in requirements from state to state. Attorneys relying on reciprocity must ensure that they are also meeting the requirements of New Jersey’s program. BCLE Reg. 201:4
*** New York State Approved Jurisdiction Policy applies. These courses have been accredited in several Approved Jurisdictions, including Minnesota, Missouri, Arkansas, Wisconsin; others pending.
For more information, visit the EchionCLE course page.
IP Law for Non-IP Attorneys
I present an overview of copyright law, including sources of law, the kinds of works that receive protection, when a copyright does (and does not) come into existence, how long it lasts, transfers, registration, infringement, and enforcement. “Mighty Marks” trademark attorney Matthew Kulseth will then present an overview of trademark law, including sources of law, kinds of trademarks, scope of protection, when a trademark does (and does not) come into existence, likelihood of confusion, distinctiveness, duration, transfers, infringement, and registration.
CLE Credits
Minnesota: The Minnesota Board of Continuing Legal Education has approved this course for 1.0 Standard CLE credit based on a 60-minute hour.
Although this course is online and may be attended from any state, the situs of the course is Minnesota for CLE reporting purposes. Per applicable CLE and reciprocity rules, 1.0 CLE credit may be claimed and/or is presumptively approved in the following jurisdictions: Alaska, Arizona, Arkansas, Connecticut, Florida, Guam, Hawaii, New Hampshire, New Jersey, New York, North Carolina, North Dakota, Northern Mariana Islands, Wisconsin. Echion has not applied for pre-approval in these jurisdictions. It is the responsibility of each attorney to comply with the requirements of their licensing jurisdiction(s) for self-certifying or claiming CLE credit for attending out-of-state courses.
Arizona: The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. This activity may qualify for up to 1.0 hour toward your annual MCLE requirement for the State Bar of Arizona
New Hampshire: NHMCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Echion believes this course meets the requirements of NH Supreme Court Rule 53 and may qualify for 60 minutes toward the annual NHMCLE requirement.
New York: New York State Approved Jurisdiction policy applies. Minnesota is an approved jurisdiction. This course is appropriate for both newly admitted and experienced attorneys.
Check with the CLE governing body in your state for information about claiming credit for attending out-of-state courses.
Cost: $30 – includes a pdf file containing the newly released (2023) 172-page book, IP Law for Non-IP Attorneysat no additional cost.
Live webinar: July 6, 2023, 11:30 a.m. to 12:30 p.m. CDT (8:30 AKDT; 9:30 PDT; 10:30 MDT; 12:30 EDT) Register
Video replay: August 8, 2023, 2:00 to 3:00 p.m. CDT (11:00 AKDT; 12:00 PDT; 1:00 MDT; 3:00 EDT) Register
The New Copyright Small Claims Court
The Copyright Alternative in Small Claims Enforcement Act (CASE Act) calls for the creation of a copyright small claims tribunal within the U.S. Copyright Office for small claims involving either misrepresentation in a DMCA takedown notification or counter-notification, or copyright infringement. This course explains everything you need to know about this new tribunal: Who the judges are; the amount and kinds of claims that can be heard; the kinds of relief available; opting-out; records; pleadings; service; the e-filing system; discovery; hearings; conferences; effect on the parties’ legal rights; effect on court proceedings; defaults; judicial review; and more.
This course was originally offered as a live webinar from EchionCLE.
Registering Copyrights in Music and Music Albums for Non-IP Attorneys
This course explains the various ways that copyrights in music and sound recordings can be registered in the United States, with demonstrations of the process for each kind of application.
Part 1 provides information about the registration process and the meanings of critical terms you will need to know. This includes key concepts such as derivative work, work made for hire, publication, deposit, and best edition. Preregistration, adverse claim registration, filing methods, and fees are also covered.
Part II lays out the eligibility requirements for each kind of application form – the Single application, the Standard application, Group Registration of Unpublished Works (GRUW), and Group Registration of an Album of Published Musical Works and/or Sound Recordings (GRAM). The GRAM application is new in 2021 and offers a way to save hundreds, potentially over a thousand dollars in filing fees. Instructor Thomas James also discusses registration of a group of songs as a collective work, the advantages and disadvantages, and the risks.
Part III describes what happens, or can happen, after you file. Here you will learn how long you can expect to wait, how long you have to respond if the Copyright Office contacts you about an application, how you can challenge a denial of registration, and some things to consider before you do.
Finally, there is a concluding segment on Declarations of Ownership in Musical Works (DOMWs) – what they are, when you should file them, how to complete them, and how and where to file them.
1.5 Standard CLE credit has been approved in Minnesota for this course.
Event Code: 404311.
This course was offered in 2022.
Copyright Registration of Songs and Music Albums with Minnesota attorney Thomas James
This course, taught by attorney Thomas James, explains the various ways that copyrights in music and sound recordings can be registered in the United States, with demonstrations of the process for each kind of application.
Part 1 provides information about the registration process and the meanings of critical terms you will need to know. This includes key concepts such as derivative work, work made for hire, publication, deposit, and best edition. Preregistration, adverse claim registration, filing methods, and fees are also covered.
Part II lays out the eligibility requirements for each kind of application form – the Single application, the Standard application, Group Registration of Unpublished Works (GRUW), and Group Registration of an Album of Published Musical Works and/or Sound Recordings (GRAM). The GRAM application is new in 2021 and offers a way to save hundreds, potentially over a thousand dollars in filing fees. Instructor Thomas James also discusses registration of a group of songs as a collective work, the advantages and disadvantages, and the risks.
In Part III, Mr. James describes what happens, or can happen, after you file. Here you will learn how long you can expect to wait, how long you have to respond if the Copyright Office contacts you about an application, how you can challenge a denial of registration, and some things to consider before you do.
The course concludes with a segment on Declarations of Ownership in Musical Works (DOMWs) – what they are, when you should file them, how to complete them, and how and where to file them.
$69.*
*This course is offered at Udemy. Check the website frequently. Udemy often offers significant discounts, sometimes as much as 80% off the price of a course.
Child Sex Abuse Claims: Statutes of Limitations and Revival Laws
Legislatures have been making sweeping and dramatic changes to both civil and criminal statutes of limitations for child sexual abuse. Some of these eliminate the limitations period for this kind of claim; some extend them; some apply prospectively only; some apply retroactively to revive formerly time-barred claims – at least for a limited period of time. And more legislation is on the way. Minnesota attorney Tom James unravels the complexities of these statutes and provides updated information about existing laws and new legislation in this area.
Course materials include a state-by-state guide to applicable statutes of limitations, claim revival law, and discovery tolling rules, with a compendium of each state’s relevant statutory provisions.
1.0 Standard CLE credit approved in Minnesota.
Event Code 405396
This course was offered in 2022.
The Gender Paradigm in Family Court
2.0 Elimination of Bias credits approved in Minnesota.
Minnesota Event code 396278
California; approved for 2.0 LSCLE Family Law Specialist credits and 2.0 MCLE credits, including 1 Diversity/Inclusion credit. Subfield areas/hours: B/1.00, F6/1.00
Missouri: approved for 2.4 Ethics and 2.4 Elimination of Bias CLE credits.
Alaska, Arizona, Guam, Hawaii, Montana, New Hampshire, and North Dakota attorneys may claim 2.0 Ethics CLE credits. The State Bar of Arizona does not accredit or approve CLE courses.
Arkansas attorneys may claim 2.0 Ethics credits, or may claim 1.0 Ethics and 1.0 Standard CLE credit.
Connecticut attorneys may claim 2.0 Standard or Ethics CLE credit.
Florida attorneys may claim 2.0 Legal Ethics or Bias Elimination CLE credits.
New Jersey attorneys may claim 2.4 Elimination of Bias CLE credits.
New York attorneys may claim 2.4 Diversity Inclusion & Elimination of Bias CLE or 2.4 Ethics credits. New York State Approved Jurisdiction policy applies; Minnesota is an approved jurisdiction. A financial aid policy exists for attorneys licensed in New York. Use the Contact form for more information or to apply. This course is appropriate for both newly admitted and experienced attorneys.
North Carolina attorneys may claim 2.0 Professionalism CLE credits.
Northern Mariana attorneys may claim 2.0 Standard CLE credits.
