Find Us On Facebook  Connect With Us
            on
            LinkedIn  Follow Us
            on Twitter

Intellectual Property Law Section

Webinars

Webinar: Green Business: Advising Clients on Protecting and Enforcing Cannabis Brands

Wednesday, March 15, 2017, 12 noon - 1p.m.

This program offers 1 hour participatory MCLE credit.

REGISTER TODAY

This presentation will address two precedential decisions handed down by the TTAB in 2016, In re Morgan Brown, 119 USPQ2d 1350 (TTAB 2016) and In re JJ206, LLC, dba JuJu Joints, 120 USPQ2d 1568 (TTAB 2016).In Morgan Brown, the TTAB upheld the refusal of an application for HERBAL ACCESS for “retail store services featuring herbs” based on evidence on Applicant’s website and in Applicant’s specimen of use that the herbs in question were, as stated in Applicant’s advertising “Marijuana for the Masses.” Likewise, the Board in JuJu Joints upheld the refusal of POWERED BY JUJU and JUJU joints against an argument from the applicant that the goods were only being sold in states that had legalized marijuana. We will explore how these cases affect the strategies we give clients who are seeking trademark protection for cannabis-related goods and services, along with other cases showing the difficulties many companies face when attempting to actually enforce a cannabis-related trademark. The webinar will conclude with a discussion of practical ways to advise clients in this rapidly expanding enterprise, whether their objectives are local or national in scope.

Moderator: Kieran De Terra

Speakers: Jon Jekel and Dana B. Robinson

Webinar: Unpacking the California Supreme Court’s Ruling in Hassell v Bird

Wednesday, April 19, 2017, 12 noon - 1p.m.

Sponsored by the Technology, Internet & Privacy Law Interest Group. This program offers 1 hour participatory MCLE credit.

REGISTER TODAY

The plaintiff in Hassell v. Bird was a lawyer who sued a former client, claiming the client posted a negative review of her on Yelp. The client never responded. The lawyer then asked the court to enter an order requiring Yelp – who was not a party to the suit - to remove the post.

Yelp challenged the order. Surprisingly, in June of this year, the California Court of Appeal held that the court could force Yelp to remove the post.  The court also held that this order was consistent with § 230 of the Communications Decency Act, which provides Internet service providers immunity for content created by their users (with a couple exceptions). 

Yelp has since asked the California Supreme Court to review the case, which was granted on Sep. 21, 2016. 

The court’s opinion in Hassell v Bird has been called wrong, terrible, and even brutally ugly. It touches upon the First Amendment, Section 230, due process, and prior restraint. 

Get ready for a lively and exciting discussion!

Moderator: Heather Antoine
Speakers: David Gingras and Karl S. Kronenberger

Webinar: Getting Your Copy Right — Copyright Considerations in Advertising

Thursday, April 20, 2017, 12 noon - 1p.m.

This program offers 1 hour participatory MCLE credit.

REGISTER TODAY

The use of creative works in advertising presents unique copyright issues. This presentation will discuss the clearance and use of such works in traditional advertising and social media, and enforcement of copyrights, including as a way to prevent false advertising and unfair competition.

Moderator: Sanjesh Sharma

Speakers: Bonnie L. Jarrett and Dale M. Cendali

Webinar: The 2016 TTAB Year in Review

Tuesday, May 2, 2017, 12 noon - 1 p.m.

Sponsored by the Trademark Interest Group. This program offers 1 hour participatory MCLE credit.

REGISTER TODAY

John L. Welch’s blog, The TTABlog®, is a must-read for all trademark practitioners, and his insightful reviews of TTAB decisions are always informative and entertaining. This is a great opportunity to get caught up on those decisions you may have missed. Q&A will follow the presentation.

Moderator: Mary A. Harris

Speaker: John L. Welch

Webinar: Current Developments in U.S. Patent Law With An Emphasis On Litigation and Licensing

Tuesday, May 16, 2017, 12 noon - 1p.m.

This program offers 1 hour participatory MCLE credit.

REGISTER TODAY

The speakers will discuss new and ongoing developments in the areas of patent litigation and licensing, including  upcoming changes in venue for patent cases in TC Heartland, including important differences for domestic and foreign defendants; the potential impact of Lexmark on patent exhaustion, post-sale use restrictions, and extraterritorial application of the patent law; the impact of the recent decision in Life Technologies and how the law may further develop for liability under §271(f)(1); and the future of the laches defense in view of SCA Hygiene.

Moderator: Sanjesh Sharma
Speakers: Robert Benson and Christina Von der Ahe

Webinar: Hot Off the Press: 2017 Trademark Trial and Appeal Board (TTAB) Rule Changes

Tuesday, June 13, 2017, 12 noon - 1p.m.

Sponsored by the Trademark Interest Group, In-House Interenst Group. This program offers 1 hour participatory MCLE credit.

REGISTER TODAY

In January 2017, the Trademark Trial and Appeal Board (TTAB) issued the broadest revision of its rules in a decade. Gain insight into the practical application of the new rules in inter partes and ex parte cases through a discussion of the changes with Administrative Trademark Judge Cindy Greenbaum and Interlocutory Attorney Benjamin Okeke. Topics will include mandatory electronic filing, changes to service of the initial complaint, discovery matters, and introduction of evidence during the trial period. Learn how to navigate the new rules and avoid the pitfalls that may plague those relying on old forms and practices. This presentation is a great opportunity to get caught up on the changes to the TTAB rules and will benefit attorneys with various levels of experience practicing before the TTAB.

Moderator: Carole Barrett
Speakers: Cindy Greenbaum and Benjamin Okeke

Interest Group Calls

March 1 Copyright Interest Group Call

Time: 12 noon – 1 p.m.

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

Monthly "All Hands" Copyright IG conference call. On this call, we will discuss current cases and developments in copyright law. Each month a presenter will lead the discussion.We will also discuss opportunities to write articles, coordinate webinars, speak on webinars, and participate in the IP section in other ways. Please note: Our monthly calls are the 1st Wednesday of every month.

March 10 Licensing Interest Group Call

Time: 12 noon – 1 p.m.

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

Monthly “All Hands” Licensing IG conference call. We’ll 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.

News

Call for Applications for New Matter Editors

Application deadline: June 2, 2017

New Matter is the quarterly official publication of the Intellectual Property Law Section. It is a journal of current comment and analysis of cases and issues vital to the use of intellectual property. The journal is sent free to members of the Intellectual Property Law Section. IP Section members volunteer for a variety of editor positions for a term of 1 year subject to reappointment. This is an opportunity to contribute to the legal profession and the public and a great opportunity to get more involved with the Section, network with colleagues, and work on an excellent publication.

If you are currently a member of the IP Section and are interested in being considered for an editorial position, please provide the following information to Section Coordinator John Buelter at John.Buelter@calbar.ca.gov no later than June 2, 2017;

1. a statement of interest setting forth the reason you want the position and why you should be selected for it; 
2. a resume providing general information about your legal and publishing background; 
3. a work product /writing sample; 
4. letter(s) of recommendation (optional).

Copyright Office Initiates Study on the Moral Rights of Attribution and Integrity

The U.S. Copyright Office is undertaking a public study to review how existing state and federal law protects the moral rights of attribution and integrity and whether any additional protection is advisable in this area. To support the congressional review of the nation’s copyright law and provide thorough assistance to Congress, the Office is seeking public input on a number of questions.

The Office published a Federal Register on January 23, 2017 soliciting written comments from the public. Instructions for submitting comments are available here. Comments must be received no later than 11:59 p.m. Eastern time on March 9, 2017. Reply comments must be received no later than 11:59 p.m. Eastern time on April 24, 2017. The Office may announce one or more public meetings, to take place after written comments are received, by separate notice in the future.

Thank You for Being a Section Member - Here's 6 Hours MCLE in Legal Ethics!

We're very grateful for your membership in the Section. As a token of that, we're offering six hours of self-study MCLE credit in the area of Legal Ethics. The programs are posted in our Member's Only Area.

Simply watch the programs and read the accompanying materials, and keep track of having done so. You can report this to the State Bar when it's time to demonstrate your compliance with the MCLE requirements.

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 Spring issue, you can earn credit for the article Policing the Boundaries of Copyright: Is It Time for the Supreme Court to Step In? by William J. O'Brien. 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.

Did You Know You Can Track Your CLE Through Your State Bar Profile?

Log into your profile and click on CLE Summary and Tracking Tool. This summary reflects all in person and online participatory classes completed through the State Bar of California.

Note: Future releases will allow you to manually add courses completed through other providers.

Even if this summary reflects you have completed the required 25 hours of MCLE within your compliance period, you must still formally report compliance by submitting your MCLE compliance declaration through My State Bar Profile.

The Trade Secret Treatise Is Available for Order

Members $115/Non-Members $155. Go HERE for a description, and HERE to order. You will need to click on Intellectual Property.

Writers Wanted for New Matter

Inquiries about writing for New Matter, please contact newmatterjournal@yahoo.com.

Third-Party Programs

USC Gould School of Law 2017 Intellectual Property Institute

Early Bird registration extended to Friday, February 17 for IP Section Members only. To obtain this discount, email clereg@law.usc.edu.

When: Tuesday, March 21, 2017, 7:30 a.m. to 5:45 p.m.
Where:  The Fairmont Miramar Hotel & Bungalows, Santa Monica, CA
What: Network with over 650 intellectual property professionals
Who: National speakers on cutting edge patent, copyright and trademark issues:

  • Sony Pictures Motion Picture Group Chairman Tom Rothman in aluncheon fireside chat.
  • Judge McKeown (9th Cir.) onPushing the Limits of Intellectual Property Law.
  • Judges Raymond Chen (Fed. Cir.), Dalton (M.D. Fla.), Huff (S.D. Cal.) and Kronstadt (C.D. Cal.) with Judicial Perspectives on the New World of Intellectual Property.
  • Judges Dalton (M.D. Fla.), Fischer (W.D. Pa.), Huff (S.D. Cal.) and Schroeder (E.D. Tex.) on Managing the High Profile IP Case.
  • Judges Raymond Chen (Fed. Cir.) and Peter Chen (PTAB) onInter Partes Review and the Increasing Role of the PTAB in Invalidity Litigation.
  • Professors Farley, Lemley, andNimmer in thepopular IP Year in Review.
  • Plus, top IP professionals discuss thelatest issues relating to how European copyright developments are affecting U.S. businesses, enforcement and strategies against counterfeiters and diverters, how communications law issues affect copyright, protecting global brand and trademark value and much more!
  • 8.25 hours ofMCLE credit and 7 hours ofCPE credit for the March 21 Institute (plus additional credits for those attending the IP Remedies Roundtable and Workshop

See the full lineup of speakers and topics by clicking here.

For more information visit http://law.usc.edu/cle/ip. Contact the USC Gould Continuing Legal Education office with questions at (213) 821-3580 or cle@law.usc.edu.

The Silicon Valley Branch of the Patent and Trademark Office Announces Free Upcoming Events

March 3, 2017, 12 PM – 1 PM 
Silicon Valley USPTO Public Tour 
Silicon Valley USPTO
Tour of the Silicon Valley USPTO and its available resources to entrepreneurs and innovators.

March 14, 2017, 9 AM – 10 AM 
Patent Quality Chat Webinar – Simulcast 
Silicon Valley USPTO
Join us for a webinar viewing “Guest Chat: Trademarks and Quality.”

March 14, 2017, 12 PM – 1 PM 
Trademark Tuesday 
Silicon Valley USPTO
Trademark Assistance Center provides trademark basics and answers questions via videoconference.

March 16, 2017, 12 PM – 1 PM 
Patent Brown Bag “Lunch and Learn” 
Silicon Valley USPTO
Supervisory patent examiner helps inventors and entrepreneurs during live information session.

March 21, 2017, 1 PM – 3 PM 
Hands-on Patent Search Workshop 
Supervisory patent examiner provides hands-on patent search training using USPTO search tools.

 

MCLE Catalog

Featured CLE Program from Our Catalog!

Online
CLE

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

Cryptocurrencies - Evolving Regulatory Issues and Prospects for a Cashless Society

This presentation traces the origin and development of cryptocurrencies such as Bitcoin, including emergence of cryptocurrency exchanges, virtual “wallets” and other kinds of supporting businesses. It describes the increasing flow of venture capital into the field and goes on to survey initiatives seeking to regulate cryptocurrencies, the opposition to such regulation, and how cryptocurrencies relate to the ongoing evolution of a new kind of cashless society.

1 participatory MCLE credit
More Information

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

Contact Us

We invite you to contact a member of the Executive Committee, or an Interest Group Officer. The IP Section has Interest Groups on:

Or contact the Editors of Inevitable Disclosure, Barbara Friedman and Matthew Neco.

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