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Upcoming Standing Committee Meetings and MCLE Programs

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Upcoming MCLE Programs and Meetings

Webinar: What’s A Brand Worth?

Tuesday, March 10, 2015, 12 noon - 1 p.m.

Presented by the Intellectual Property Law Section, Trademark Interest Group

This program offers 1 hour participatory MCLE credit. You must register in advance in order to participate.

The importance of brand valuations for internal decision making and rights enforcement, valuation methodologies used for various purposes, including mergers, litigation, and bankruptcy, and how to work with a valuation expert will be discussed.

Speaker:

  • Fernando Torres is Chief Economist at IPmetrics LLC, which specializing in strategic analysis, valuation, and expert witness assessment of intangible assets. Mr. Torres has 30 years of experience as an intellectual property economist; for the past decade he has applied his experience to analysis and valuation of intangible assets for transactional and litigation purposes. Mr. Torres’ industry experience includes auto parts, apparel, footwear, retail, pharmaceuticals, entertainment, and telecommunications. Mr. Torres earned a BA in Economics from the Metropolitan University of Mexico, a graduate diploma in Economics from the University of East Anglia, and an MS in Econometrics from the University of London.

Moderator:

  • Carole Barrett, Barrett IP Law

Webinar: Entertainment: Pics, Gifs, Memes, and Remixes: The Internet and Traditional Media

Thursday, March 12, 2015, 12 noon- 1 p.m.

Presented by the Intellectual Property Law Section, Entertainment and Sports interest Group.

This program offers 1 participatory MCLE credit. You must register in advance in order to participate.

Pics, Gifs, Memes, and Remixes: The Internet and Traditional Media explores the, sometimes blurry, distinction between traditional and new media. The presentation delves into the migration of ideas, ethics, and practices between traditional mediums and internet media and discusses current practices for addressing the legal issues that arise from that dynamic.With speaker Jonathan Segal and moderator Dave Murphy.

Licensing Group Teleconference

Friday, March 13, 2015, 12 noon - 1 p.m.

To participate in the meeting, the dial-in number is (855) 520-7605, passcode 1211276419#.

Monthly "All Hands" Licensing IG conference call. We'll have a quick update on the Internet of Things (including the recent report issued by the FTC) during the call. We'll also discuss upcoming webinars and conferences, opportunities for members to get involved and Hot Topics. Please note: Our monthly calls are the 2nd Friday of every month.

Webinar: Nautilus, Ariad, and Beyond; The Current State of §112's Definiteness, Enablement, and Written Description Requirements in Litigation and Prosecution

Wednesday, March 18, 2015, 12 noon - 1 p.m.

Presented by the Intellectual Property Law Section, Patent Interest Group

This program offers 1 hour participatory MCLE credit. You must register in advance in order to participate.

Join as our panelists cover the latest developments in the law of 35 U.S.C. §112, including how the section's definiteness, enablement, and written description requirements have been applied in litigation and in USPTO proceedings.

Speakers:

  • Jonathan Jaech, Jonathan's practice includes intellectual property counseling, due diligence, licensing and transactions, patent prosecution including appeals and reissue, and reexaminations (ex parte or inter partes). His technical experience extends to a variety of areas, including mechanical, electrical and electromechanical devices, methods and manufacturing processes, computer-implemented technology, telecommunications and networking, micro-electronics and nanotechnology, medical devices, chemical compositions and materials, oil and gas, entertainment and gaming methods, computer graphics and image processing, and business methods. Jonathan was recognized as a 2011 Top Patent Prosecutor by the Patent Research Review.
  • Greer Shaw, Greer has more than 15 years of experience in intellectual property litigation and dispute resolution. He has litigated to jury verdict or summary judgment numerous patent infringement matters involving a wide variety of technologies. He has been actively involved in the Intellectual Property Owners Association (Litigation Committee, 2014-2015), the Los Angeles Intellectual Property Law Association (Board of Directors, 2012-2015), the USC Intellectual Property Institute (Planning Committee, 2014-2015), and The Judge Paul R. Michel Intellectual Property American Inn of Court (Program Chair, 2012-2014). Greer has been recognized as a Southern California "Super Lawyer" in IP litigation in 2014 and 2015.

Moderator

  • Sanjesh Sharma. Sanjesh is Intellectual Property Counsel at Abbott Medical Optics, where she manages patent, trademark, and copyright matters for the company's Refractive and Laser Cataract Surgical Equipment portfolios. Since 2013, Ms. Sharma has served as the Secretary of the Patent Interest Group for the State Bar of California's IP Section.

Webinar: Advertising Law in the Digital Age - Part 1

Thursday, March 19, 2015, 12 noon - 1 p.m.

Presented by the Intellectual Property Law Section, Patent Interest Group

This program offers 1 hour participatory MCLE credit. You must register in advance in order to participate.

An overview of issues specific to contests, sweepstakes, and other similar trade promotions.

Speakers

  • Ed Chansky focuses his practice in the areas of intellectual property (particularly development, selection, protection and licensing of trademarks worldwide) and advertising, sales promotion, and trade-regulation law, including charitable promotions, cause-related marketing, sweepstakes, contests, gift cards, eCommerce, substantiation of advertising claims, social gaming, social media, and all aspects of unfair or deceptive trade practices in a wide variety of industries.

Moderator

  • Francine Ward, is a business & IP attorney with a focus on copyrights, trademarks, publishing & entertainment law issues, as well as social media legal issues. A 1989 graduate of Georgetown University Law Center, Francine is admitted to practice in New York, California, and the District of Columbia. She is the vice chair of the IP Section's Copyright Interest Group.

Webinar: My Kingdom For A Horse: Arbitration of Intellectual Property Disputes -- A Delicate Balance

Tuesday, March 31, 2015, 12 noon - 1 p.m.

Presented by the Intellectual Property Law Section, Licensing Interest Group

This program offers 1 hour participatory MCLE credit. You must register in advance in order to participate.

Category: Intellectual Property Law Arbitration is highly regarded for its potential as an efficient and confidential alternative to protracted litigation. This program will note the fundamental elements of arbitration and explore its suitability as an option for various types of intellectual property disputes.

Speakers

  • Susan Barilich is a trial attorney and principal/founder of Susan Barilich, P.C., a law firm specializing in trial work with an emphasis on business and commercial litigation, including simple/complex contract disputes, real estate matters, fraud and breach of fiduciary duty, judgment collection, bankruptcy adversary proceedings and fraudulent transfers.
  • Greg Derin is a Distinguished Fellow of the International Academy of Mediators, a Fellow of the Chartered Institute of Arbitrators and a member of the ADR Panels of the Independent Film and Television Alliance and the World Intellectual Property Organization. Greg assisted in teaching the Mediation Workshop at Harvard Law School's Program on Negotiation from 2004-2012.

Moderator

  • Erica Bristol

Webinar: Advertising Law in the Digital Age - Part 2

Thursday, April 16, 2015, 12 noon - 1 p.m.

Presented by the Intellectual Property Law Section, Patent Interest Group

This program offers 1 hour participatory MCLE credit. You must register in advance in order to participate.

Regulatory insights. Each agency's representative will offer their perspective on advertising in the Internet and digital age. They will discuss relevant and current issues of concern to each agency in the areas of social media, mobile, and internet-based advertising. They will share enforcement priorities, challenges, and emerging issues. The following agencies will be represented:

a. CARU
b. California DOJ
c. FTC

Speakers:

  • Linda K. Badger has been an attorney with the FTC for over 25 years. While at the Commission, Linda has worked on matters involving both antitrust and consumer protection. Currently, she works in the Western Region, located in San Francisco, and specializes in the area of deceptive advertising. Linda was responsible for the FTC's recent settlements with Sony Computer Entertainment America and its advertising agency, Deutsch LA, for deceptive advertising of the PlayStation Vita, a handheld gaming console. Linda received her J.D. from U.C. Hastings, an M.A. in Economics from the University of Michigan, and a B.A. in Economics from U.C. Berkeley.
  • Andra Dallas joined the Children's Advertising Review Unit as a staff attorney in September, 2008. She is responsible for evaluating child-directed advertising online, on television, in print and other types of media, collaborating with advertisers to ensure compliance with CARU's Guidelines, and writing case decisions.
  • Joanne McNabb is Director of Privacy Education and Policy, California Attorney General.

Moderator

  • Francine Ward, is a business & IP attorney with a focus on copyrights, trademarks, publishing & entertainment law issues, as well as social media legal issues. A 1989 graduate of Georgetown University Law Center, Francine is admitted to practice in New York, California, and the District of Columbia. She is the vice chair of the IP Section's Copyright Interest Group.

Webinar: Advertising Law in the Digital Age - Part 3

Thursday, May 14, 2015, 12 noon - 1 p.m.

Presented by the Intellectual Property Law Section, Patent Interest Group

This program offers 1 hour participatory MCLE credit. You must register in advance in order to participate.

The discussion will focus on promotional and advertising issues in social media (other than sweepstakes/contests) such as coupons, rebates, gift cards, "free" offers, endorsements, negative-options, dot.com disclosures, IP and right of publicity in social media content, etc.

Speakers:

  • Ed Chansky focuses his practice in the areas of intellectual property (particularly development, selection, protection and licensing of trademarks worldwide) and advertising, sales promotion, and trade-regulation law, including charitable promotions, cause-related marketing, sweepstakes, contests, gift cards, eCommerce, substantiation of advertising claims, social gaming, social media, and all aspects of unfair or deceptive trade practices in a wide variety of industries.
  • Patrick Downes is a partner at Loeb and Loeb in San Francisco and focuses his practice on complex commercial litigation, including consumer class actions brought by the FTC.

Moderator

  • Francine Ward, is a business & IP attorney with a focus on copyrights, trademarks, publishing & entertainment law issues, as well as social media legal issues. A 1989 graduate of Georgetown University Law Center, Francine is admitted to practice in New York, California, and the District of Columbia. She is the vice chair of the IP Section's Copyright Interest Group.

Other News

Thanks to everyone who made The IP Section's first-ever Adults Only conference a resounding success!

1. Lance Rogers, Shabnam Malek, and David Branfman discussing IP issues in the Medical Marijuana Industry

2. Tammy Terry, Greg Piccionelli, and Ann Vradenburgh discuss patents and trademarks for products that may be considered obscene, scandalous, or immoral.

3. Paul Cambria, Adults Only IP keynote speaker, has the whole place laughing with stories from his amazing career.

4. Paul Cambria explains why sometimes scandal is good for your client

5. Matt Neco, Aurelia Schultz, Heather Antoine, Hannah Poteat, Gill Sperlein, Allen Gelbard, Todd Alberstone, Michael Fattorosi, Anna Vradenburgh, and Greg Piccionelli relax with drinks after a long conference. Photo by Dave Branfman.

Copyright Office Releases Comprehensive Music Licensing Study

On February 5, the U.S. Copyright Office released a 245-page landmark study proposing significant changes to the music licensing framework that are intended to "bring both clarity and relief to songwriters, artists, publishers, record labels, and digital delivery services." The report was issued in response to the widespread feeling among the entire music industry–from artists and publishers to labels and online music services–that the existing system is broken, although there is not agreement on how to fix it. It follows a series of roundtables and public comment period held by the Copyright Office last year.

According to the study, there is broad consensus that music creators should be fairly compensated, that the licensing process is too inefficient, that there is insufficient access to data about works and that royalty information should be more transparent. Among the Copyright Office's recommendations are proposals to extend the public performance right to terrestrial radio stations, bring pre-1972 sound recordings within the federal copyright law and reevaluate the role of performing rights organizations (and the consent decrees under which ASCAP and BMI operate). The report also proposes changing the compulsory licensing scheme (including allowing bundled licensing), establishing a uniform market-based rate setting standard, allowing owners of musical works to opt-out of compulsory licensing for interactive streaming and downloads, giving SoundExchange an expanded role, creating a public database of rights ownership data and providing greater transparency for song writers and recording artists in direct licensing deals. The study has no regulatory force, but serves as a recommendation to Congress on potential legislative changes. The full report is available at http://copyright.gov/docs/musiclicensingstudy/.

Hot News Story: Does Katy Perry Own Any Rights in Left Shark?

By Sam Gunning

Katy Perry's half-time show at the 2015 Superbowl was the most watched half-time show in history. Surprise stars were the back-up dancers, dancing in large shark costumes. Turns out sharks aren't always perfect when it comes to choreographed routines, which only added to the charm, and there has since been a wealth of internet memes of Left Shark.

Capitalizing on its popularity, Fernando Sosa began selling 3D-printed versions of Left Shark, but has since received a cease-and-desist letter from Perry's lawyers at Greenberg Traurig LLP. In response, www.shapeways.com removed his articles from its site. Perry's lawyers claim she did not consent to the use of her copyrighted work and intellectual property. Writing to Sosa they claim that the "unauthorized display and sale of this product infringes [Perry's] exclusive rights in numerous ways, including, but not limited to, infringement of [Perry's] exclusive rights to reproduce, display, and distribute its [sic] copyrighted images."

Law Professor Chris Sprigman does not agree and is representing Sosa. He has questioned why the costume would in fact be copyrightable, arguing that "federal courts and the United States Copyright Office have made clear that costumes are generally not copyrightable" and Perry's lawyers have not made any arguments as to why this costume would be. In addition, to the extent there is a copyright in Left Shark, it is not clear that Perry herself, rather than some other party owns it. Perry has admitted in interviews that the NFL, and not she, had the final say on all details of the show, including the costumes. Sprigman claims if anyone has legal claims to Left Shark, it's likely the NFL.

It remains to be seen whether Perry will "just drop this thing" and "back off" as requested by Sprigman. At time of going to press, Left Shark himself has refused all calls for an interview.

The New Trade Secret Treatise Is Available for Order

The new Trade Secret Treatise is available for order!  The IP Section proudly announces publication of the Third Edition of its practice guide “Trade Secret Litigation and Protection in California.”  This twenty-seven chapter treatise provides a comprehensive review and analysis of California trade secret law.  Written by California practitioners, this treatise explains the fundamentals and intricacies of California trade secret law.  The treatise is a resource for anyone working with trade secrets in litigation or providing counsel on trade secret issues.  The Third Edition includes two new chapters on digital forensics and the pursuit of trade secret claims at the International Trade Commission, as well as a model non-disclosure agreement and protective order.  The new edition also provides updates of the recent case developments in the trade secret law since the 2nd Edition.

Members $115/Non-Members $155. Order here: http://bit.ly/1HDi20P. If you have any trouble with that link, go HERE and click on Intellectual Property.

One Hour MCLE Is Available in the Latest Issue of New Matter

Self-Study CLE Tests One hour of MCLE is available in the current issue of New Matter, the State Bar IP Section's quarterly magazine.

For the Summer issue, you can earn credit for the article The Next Battle Over FRAND: The Definition of FRAND Terms and Multi-Level Licensing by Karl D. Belgum One hour of MCLE credit can be obtained by answering a set of True/False questions.

Log on to the webiste www.calbar.org/self-study for details. Watch for other MCLE credit available in future issues of New Matter.

WRITERS WANTED for New Matter

 New Matter invites you to write and submit original articles on current issues relating to intellectual property, such as reasoned opinion, practice tips, or  scholarly analysis.

New Matter is looking for articles between 1500-6000 words.  Please contact the Acquisitions Editor, Amanda Nye anye@lawyersatlargellc.com for more details.

For more information, please contact our editorial staff at newmatterjournal@yahoo.com.

Interested in Advertising in New Matter?

If you're interested in advertising in New Matter, please note our ad rates.

Eligible Advertisers:

Law Firms,
Court Reporting Services,
IP Search Services,
IP Insurance Services,
eDiscovery Service Companies,
Legal Research Companies,
Legal Staffing Companies
And any other legal service company.

Ad Size/ Issues 1 Issue 2 Issues 3 Issues 4 Issues
¼ Page $1,200 $2,300 $3,300 $4,000
½ Page $1,600 $3,000 $4,200 $5,000
Full Page $2,400 $4,500 $6,300 $7,500

Did You Miss One of Our Webinars or Self-Study Tests?Online CLE

Listen to Intellectual Property Law Section programs over the internet for participatory MCLE credit. Choose from more than a hundred hours of IP-related programs, and hundreds of other official State Bar of California MCLE programs.

For more information, see www.calbar.org/online-cle and select Intellectual Property Law Section.

Featured CLE Program from Our Catalog!

Did you miss this program? It's available in our online catalog for CLE credit!

What to do When the Client Says " You Mean that's a Protectable Intellectual Property Asset?"

This program will address litigation and non-litigation issues that arise in association with clients that have failed to properly identify intellectual property assets in the course of business, as well as in the context of litigation.

1 hour participatory MCLE credit in Legal Ethics; $35
More Information

Listen to Intellectual Property Law Section programs over the internet for participatory MCLE credit. Choose from more than a hundred hours of IP-related programs, and hundreds of other official State Bar of California MCLE programs.

ABA Forum on Entertainment and Sports Industries' annual Video Games and Digital Media Conference

The Entertainment and Sports Law Interest Group is pleased to promote the ABA Forum on Entertainment and Sports Industries' annual Video Games and Digital Media Conference, where experienced professionals will again come together to discuss significant issues impacting the interactive entertainment and digital media spaces. This conference will be held on March 2, 2015, at University of California, Hastings College of the Law in San Francisco, California and will feature speakers from leading companies, law firms, and academia that will participate on the following panel discussions: PANIC! How to Anticipate, Prepare and Respond to Data Breaches; Crowdfunding and Other Fundraising Issues; Cross-Media Exploitation of Entertainment Brands and Franchises; Privacy Update; Litigation Update; Gaming & Gambling; and GamerGate: Is Gender Bias and Harassment A Widespread Problem? There will also be a lunchtime keynote from the Chairman of the Entertainment Software Association. For more details click on this Video Games and Digital Media Conference link.

Regulating the Disruption Economy: Tech Startups as Regulatory Reformers

Friday, March 20, 2015, UC Hastings College of the Law

The UC Hastings Science & Technology Law and Business Law Journals will be co-hosting a symposium entitled, "Regulating the Disruption Economy: Tech Startups as Regulatory Reformers" on Friday, March 20th along with the Institute for Innovation Law. The symposium will focus on the interaction between startup companies and regulators. Examples include the evolving regulatory status of virtual currencies and sharing economy companies.The event will be offering continuing legal education (MCLE) credit for attorneys and will feature.

Did You Know You Can Beef Up Your Member Record on the State Bar's Website?

Were you aware of the feature on the State Bar's website that allows you to add a photo and otherwise expand your State Bar profile?

Using a secure link within My State Bar Profile, attorneys may add information to their public record to include area(s) of practice, any additional language(s) spoken, their law firm's website address and a photo.

To get started, log in to My State Bar Profile, and click on the “Expanded Profile” link.

Save Money with CEB

CEB Discount Program for Section MembersContinuing Education of the Bar, California (CEB) is extending some special discount offers to our section. As a member of the Intellectual Property Law Section, you're eligible for:

  • 10% off selected CEB print or online books
  • A rebate on your section dues that can be applied to the cost of a CEB Gold CLE Passport or a CLE program ticket

A complete list of the products eligible for a discount is available on a CEB web page accessible through our Members Only Area. Information about the section dues rebate program can be found on the CEB Web site.

Contact Us

Intellectual Property Law Section
The State Bar of California
180 Howard Street
San Francisco, CA 94105-1639
IP@calbar.ca.gov
415-538-2375
415-538-2368 fax