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November 2024

Welcome

Welcome to readers of Making the Connection!

In this issue, you will find:

In Focus: Takeaways from the 2024 Annual Conference of the Association for Conflict Resolution
Question of the Month, featuring a question posed to parties prior to a mediation
Case on Point, discussing use of a competitor's trademarks as keywords in online advertising campaigns
At the Podium, listing my speaking engagements and public appearances
Client Corner, spotlighting client events and announcements

In Focus

Takeaways from the 2024 Annual Conference of the Association for Conflict Resolution

I recently had the pleasure of attending the 2024 Annual Conference of the Association for Conflict Resolution where I presented on Managing and Resolving Conflict in Healthcare Worplaces. I cannot wait to incorporate lessons learned in my practice. I attended terrific sessions focused on how mediators and other conflict resolution professionals can:

adapt their techniques to the personalities of the parties;
address conflicts involving high-level executives;
support parties who may have endured trauma; and
facilitate discussion and connection in polarized times or concerning polarizing topics.

Equally stimulating were the discussions with other attendees over meals or at receptions. The attendees came from a variety of professional backgrounds, and were employed (or self-employed) in a variety of settings, including government agencies, court systems, universities, hospitals, community dispute resolution centers, and private firms.

Question of the Month

Q: What information or documents does your client need to have to participate meaningfully in the upcomng mediation session?

A: This is one of the questions I ask counsel when I am designated or retained to mediate a court case or other conflict. If the parties do not have or receive such information, the first mediation session is often devoted to facilitating a discussion of what documents or information needs to be provided so that the parties can better understand and evaluate the nature and scope of the other party's claims or contentions.

Case On Point

1-800 Contacts, Inc. ., v. Jand Inc., DBA Warby Parker

(U.S. Ct. of App. for the 2d Cir. 2024)

Like many companies, defendant Jand Inc., doing business as Warby Parker, purchased its competitor's trademarks to be used as keywords in online advertising campaigns. Thus, consumers who input "1-800 Contacts" as their search term would see Warby Parker advertisements. 1-800 Contacts, Inc. claimed that this practice constituted trademark infringement in violation of the Lanham Act. The district court dismissed the complaint and plaintiff appealed.

In affirming the district court observed that merely using a competitor's trademark as a search term does not violate the Lanham Act because the term is not being used to designate the source of the product or service. There would only be liability if the Warby Parker advertisement misled consumers as to the source of the products being advertised. In this instance, there was no such confusion, as:

the Warby Parker advertisement was clearly labeled as an advertisement;

the Warby Parker advertisement did not resemble a 1-800-Contacts advertisement; and

no specific instances of consumer confusion were alleged.

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At the Podium

This is a listing of speaking engagements, workshops, events and other public appearances. To book me as a speaker or facilitator at your next company, client or association function, contact me at lisa@lisapom.com.

On December 2, 2024, I will tape a discussion with Lisa Strahs-Lorenc and Susan Capurso on Challenges and Conflicts Families Face during the Aging Process to be posted on their YouTube channel entitled End of Life Journey and Beyond: The Sands of Time. Click here to access the recording.

Client Corner

Client Corner features client announcements and events of potential interest to readers.

On November 20, 2024 at 12:00 p.m., Moxxie Network will host a virtual Meet the Members event. Click here for information and registration.

80 Orville Drive, Suite 100 | Bohemia, NY 11716

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