Hosted by DRI, The Voice of the Defense Bar*
*This session is important to anyone seeking to use internet evidence, not just trademark practitioners. While the topic will be presented in part from a trademark perspective, the information discussed will reach across many practice areas.
June 18, 2018
2:00 – 3:00 pm EDT
Internet evidence is probative of many issues in trademark disputes, including everything from the strength of the mark to descriptiveness or genericness. Still, courts have been inconsistent in their treatment of websites, social media, and other electronic evidence. Some courts require authentication from the owner of the website or verification based on the technology used to capture the evidence while others permit authentication from an observer of the evidence. Rulings on hearsay related to internet evidence are likewise inconsistent. This presentation will explore recent cases considering the admissibility of internet evidence and provide recommendations and best practices gleaned from those cases.
Jessica M. Mendez is a member of the Intellectual Property Group at Armstrong Teasdale LLP in St. Louis. She represents clients in management, protection, and enforcement of intellectual property. Jessica counsels brand owners in development, maintenance, and protection of both foreign and domestic trademark portfolios and has significant experience before the Trademark Trial and Appeal Board. Jessica also litigates a wide range of disputes involving infringement of patents, copyrights, trademarks, and trade secrets pending in state, federal, and appellate courts throughout the United States. She has been recognized as a Rising Star by Super Lawyers® for the past five years and was recently selected as one of the “Best, Boldest, and Brightest” in the business community by Who’s Who Diversity in Color. Outside the office, Jessica volunteers time with several community organizations. She currently serves on the board of the Hispanic National Bar Association and is a founding member of her local affiliate, the Hispanic Bar Association of St. Louis. Jessica also volunteers for Read Across America, Operation Food, Motion for Kids, and Volunteer Lawyers and Accountants for the Arts.
Patrick Schweihs is a licensed Illinois attorney and US Patent attorney. He is the Executive Vice President of Customer Solutions for Page Vault Inc. and is passionate about the adoption of new technologies in legal practice. Patrick helps legal professionals capture website evidence with Page Vault. He leads webinars and CLEs about legal issues surrounding webpage evidence and best practices for working with webpages to be used in cases. Page Vault helps legal professionals save and print web content in a way that is easy to authenticate. Its solutions capture web content—webpages, websites, social media, videos—exactly as it appears online, include key metadata, and generate standard PDF files. It offers both software and vendor services that accommodate projects of any volume or complexity. Learn more at www.page-vault.com.