Kutak Rock attorneys will play a prominent role at the upcoming Rocky Mountain Intellectual Property Institute, taking place May 28–29 in Colorado. Partners Victoria “Tori” Donovan and Chad T. Nitta will contribute their insights as speakers in two educational sessions addressing timely intellectual property issues.

The Age of Imitation: Dupes vs. Infringement
Chad will serve as a panelist for a discussion examining the legal and business implications of the growing “dupe” culture in consumer products. The session will explore the legal boundaries between lawful imitation and trademark or trade dress infringement, strategies brands can use to combat look-alike products, and the role social media plays in accelerating imitation trends and enforcement challenges.

Patent Indemnity Clauses: Allocating IP Risk in High-Value Deals
Tori will present on a panel focused on how companies structure indemnity provisions to manage intellectual property risk in complex transactions. The presentation will address best practices for drafting patent infringement indemnity clauses and discuss how poorly structured provisions can lead to increased litigation exposure. The panel will also consider how emerging technologies, including artificial intelligence, are shaping the allocation of IP risk in modern commercial agreements.

The Rocky Mountain Intellectual Property Institute brings together attorneys, in-house counsel, judges, and industry leaders from across the country to examine emerging issues in patent, trademark, copyright, and technology law.

Tori works with companies, founders/entrepreneurs, investors, and individuals to navigate legal complexities and provide business-based solutions and advice for issues concerning emerging and growing companies. With significant experience as a deal attorney and corporate executive, Tori helps her clients navigate complex mergers and acquisitions, financing transactions, licensing and commercialization transactions and general corporate matters. Companies look to Tori to provide pragmatic, cost effective and solution-oriented guidance for their legal needs.

Chad's practice focuses on complex business litigation with an emphasis on intellectual property disputes. He has served as lead counsel in a variety of different matters, ranging from breach of license to misappropriation of trade secrets to infringement of various forms of intellectual property, including patents, copyrights and trademarks. Chad also regularly handles disputes related to breach of contract, breach of fiduciary duty, indemnification, collections and warranties. In addition to handling litigation, he also frequently assists clients with pre-litigation counseling and advises on matters related to protecting and monetizing intellectual property.