Inevitable Disclosures
February 28, 2017

Contents

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.

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. Presented by the Litigation Interest Group.

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: Getting Your Copy Right — Copyright Considerations in Advertising

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

This program offers 1 hour participatory MCLE credit. Presented by the Copyright Interest Group, and planned by the Patent Interest Group.

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

Sanjesh Sharma is IP Counsel at Abbott Vision, where she manages all aspects of patent, trademark, and copyright matters for the company’s Refractive and Laser Cataract Surgical Equipment portfolios. She is the Chair of the Patent Interest Group for the State Bar of California’s IP Section, and has served as an officer of the Patent Interest Group since 2013.

Speakers: Dale M. Cendali and Bonnie L. Jarrett  

Dale M. Cendali heads Kirkland & Ellis LLP’s Copyright, Trademark, Internet and Advertising Group. She is a nationally recognized leader in the field of intellectual property litigation, having successfully litigated and tried numerous high-profile cases, and having argued before the U.S. Supreme Court. Her practice encompasses copyright, trademark, false advertising, patent, Internet, and trade secrets law, as well as defamation, the right of publicity, privacy, complex contract disputes and similar areas, including electronic discovery.

In 2016, Law360 named Dale one of the 25 “Icons of IP” who have “made an indelible mark in the IP area.” In 2013, The National Law Journal selected Dale as one of the “100 Most Influential Lawyers in America.” The National Law Journal had previously named her one of “America’s Top 50 Women Litigators,” one of the “50 Most Influential Women Lawyers in America,” and one of “The Most Influential Lawyers” for media and entertainment. Dale has repeatedly been ranked as a “top tier” lawyer by Chambers Global and Chambers USA, which describes her as “one of the best lawyers in the country” in her field who combines “intellectual acuity” with a “tough, hard-working attitude”; a “superb litigator” who “thinks quickly on her feet and vigorously defends her clients.”

Dale is also an adjunct professor at Harvard Law School, teaching copyright and trademark litigation. She is also a prolific writer and has long been active in the bar. In 2010, INTA elected Dale to serve as Counsel, the highest-ranking position in the organization for an outside counsel. She also previously chaired INTA’s Dilution and Enforcement Committees, and is the current chair of INTA’s inaugural Copyright Committee. Dale was also the Vice Chair of the Copyright Division and chair of the IP Special Issues Division for the IP Section of the ABA, and currently serves on Council for the ABA IP Section. Among many other positions in the bar, Dale is also the former Chair of the Trademarks and Unfair Competition Committee of the Association of the Bar of the City of New York. In 2015, Dale was selected as an Adviser for the American Law Institute’s project, Restatement of the Law, Copyright.

Bonnie L. Jarrett is a partner at Kirkland & Ellis LLP’s New York office. Her practice focuses on intellectual properly litigation, including trademarks, copyrights, and false advertising. She represents clients across a wide range of industries, including entertainment and media, technology, pharmaceuticals, and consumer products. Bonnie also represents clients in trademark proceedings before the U.S. Patent and Trademark Office and the Trademark Trial and Appeal Board, and counsels clients regarding the acquisition and retention of intellectual property rights.

Bonnie is a member of INTA and the Trademark Litigation Committee of the ABA Intellectual Property Law Section, where she serves on the Nominative Fair Use and Anti-Counterfeiting Subcommittees.

In 2014 and 2015, Super Lawyers Magazine named Bonnie a “Rising Star” in intellectual property litigation.

News

Copyright Office Section 512 Empirical Research Study--Deadline March 22, 2017

The U.S. Copyright Office has published a Federal Register notice extending the deadlines for public comment in connection with the Office’s study on section 512 of Title 17. The Office requested additional public comments, as well as the submission of empirical research studies assessing issues related to the operation of section 512 on a quantitative or qualitative basis, on November 8, 2016. Public comments are now due no later than 11:59 p.m. Eastern time on February 21, 2017, and empirical research studies are now due no later than 11:59 p.m. Eastern time on March 22, 2017. Additional information, including instructions on how to submit a comment, is available here.

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 Section 512 Empirical Research Study--Deadline March 22, 2017

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.

Third-Party Programs

USC Gould School of Law 2017 Intellectual Property Institute

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 a luncheon fireside chat.
  • Judge McKeown (9th Cir.) on Pushing 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) on Inter Partes Review and the Increasing Role of the PTAB in Invalidity Litigation.
  • Professors Farley, Lemley, and Nimmer in the popular IP Year in Review.
  • Plus, top IP professionals discuss the latest 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 of MCLE credit and 7 hours of CPE 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? All programs from IP Protection & Social Media Issues in the Workplace now available On-Demand

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 Matt Neco.