Inevitable Disclosures
September 30, 2016

Contents

  • Live Programs
    • IP Institute
  • Webinars
    • Trademarks Under the 12 Stars
    • Think B4 U Text: Avoiding Big $$ Liability Under the TCPA
    • Patent Clearance Strategies in the Wake of the Halo & Stryker Decisions
    • Copyright: Your Client Got a Book Deal, Now What?
    • A Global Approach to Grey Market Issues: Solutions and Remedies in Europe and in the US
  • Interest Group Open Calls
    • Licensing Interest Group Open Call
    • Copyright Interest Group Open Call
  • News
    • IP & the Internet Conference
    • Congratulations to the 2016 IP Vanguard Award Recipients
    • Writers Wanted for New Matter
  • MCLE Catalog
  • Contact Us

Live Programs

Registration Now Open for the 41st Annual IP Institute "IP on the American Riviera"

Hyatt Santa Barbara November 10-11, 2016
Hyatt Santa Barbara
1111 E. Cabrillo Blvd
Santa Barbara

Join us at the 41st Annual IP Institute, “IP on the American Riviera,” which will be held November 10 - 11 at the beautiful Hyatt Santa Barbara, with a welcome reception on November 9th. 

Panel Highlight: Zombie Licensing: Rock & Roll, Intellectual Property, and Raising the Dead Without Getting Dirt Under Your Fingernails (Copyright, Right of Publicity, and Trademark Interplay When Dealing with “Zombie Licensing”). Esteemed panelists in this field will “raise the dead” to confront the macabre topic of “Zombie Licensing”: beyond the grave performances by beloved, deceased musicians we can’t live without. Tupac at Coachella was just the beginning. Now, he’s got company: Buddy Holly, Judy Garland, Whitney Houston to name a few. Touching on all of the major legal issues surrounding this ghostly topic (name/likeness licensing; copyright licenses; music sync, mechanical, and master use licenses; and the technical creation/licensing of the deceased’s holographic performances), this panel promises great visuals, good music, and possibly even a ghoulish surprise. More Information.

THE AMERICAN RIVIERA is a registered trademark of Visit Santa Barbara.

Webinars

Webinar: Trademarks Under the 12 Stars

Wednesday, October 19, 2016, 10 a.m. - 11 a.m.

This program offers 1 hour participatory MCLE credit. 
Presented by the Patent Interest Group

REGISTER TODAY

A side-by-side comparison of the procedure of acquiring, maintaining and defending trademark registration, touching on closely related areas, like geographical indicators and industrial designs, from a legal practitioner’s point of view who has experienced this area of law in both jurisdictions and from different perspectives. The presentation will guide the audience through the registration procedure spotting the differences, like how unified the EU trademark system is compared to the federal system in the U.S. When does the likelihood of confusion come into play, and how? When does the applicant need to worry about use, and how do they prove it? What can we learn from the battlefield of GIs on both sides? How is it possible that industrial designs are even mentioned in a trademark presentation?

As the European Union is somewhat similar to the United States, the trademark system is, too. But there are at least as many differences as well. Nowadays, in our international world it is crucial to know these differences because they can mean everything.

Moderator: David Tseng
Speaker: Judit Marai

Webinar: Think B4 U Text: Avoiding Big $$ Liability Under the TCPA

Tuesday, October 25, 2016, 12 noon - 1 p.m.

This program offers 1 hour participatory MCLE credit. 
Presented by the In-House Counsel Interest Group

REGISTER TODAY

With the ever-increasing number of lawsuits involving the Telephone Consumer Protection Act of 1991 (TCPA), it's more important than ever to be up-to-date with the latest information surrounding this challenging law. Companies face significant financial liability for failing to comply with the TCPA, which prohibits calling or texting consumers (and businesses) on their mobile phones without appropriate consent. The TCPA provides plaintiffs with an attractive private right of action with uncapped damages of $500 per violation, which can be trebled if willful or knowing.

No industry is immune from this law, where multi-million dollar settlements are almost daily occurrences. An especially problematic part of TCPA compliance is that it can be entirely out of the control of companies. When a company attempts to contact a consumer who had consented to contact but for whatever reason abandons their number, the company can still be held responsible for TCPA violations when the number is reassigned to another party.

Industry experts will advise on how to comply with the law and understand the FCC rules that present more questions than answers for companies that seek to avoid liability.

Moderator: Sophie Cohen
Speakers: Diana Eisner, Christine Reilly, Marc Roth

Christine Reilly is a partner at Manatt and co-chair of TCPA Compliance and Class Action.

Mark Roth is also a partner at Manatt and the other co-chair of the TCPA Compliance and Class Action Defense Group.

Diana Eisner is a litigation associate and a member of Manatt's TCPA Compliance and Class Action Defense Group as well.

Webinar: Patent Clearance Strategies in the Wake of the Halo & Stryker Decisions

Wednesday, October 26, 2016, 12 noon - 1 p.m.

This program offers 1 hour participatory MCLE credit
Presented by the Patent Interest Group

REGISTER TODAY

This program will discuss the current state of case law on willfullness and enhanced damages, including a discussion of the Halo Elecs, Inc. v. Pulse Elecs, Inc. decision, the Stryker Corp. v. Zimmer, Inc., decision, and recent case law interpreting those decisions. The program will also address practical tips for practitioners in writing freedom to operate opinions or conducting patent clearance efforts in light of current case law.

Moderator: Sanjesh Sharma
Speaker: Sarah Sheldon Brooks

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

Sarah Sheldon Brooks is a shareholder in Stradling’s intellectual property practice. Ms. Brooks specializes in litigating intellectual property disputes. Ms. Brooks has successfully tried cases in Federal Court, including obtaining a willful infringement jury verdict in 2013 for a client in the U.S. District Court for the Central District of California. Ms. Brooks was named a Southern California Rising Star by Super Lawyers for the fourth year in a row from 2013-2016.

Webinar: Copyright: Your Client Got a Book Deal, Now What?

Thursday, October 27, 2016, 12 noon - 1 p.m.

This program offers 1 hour participatory MCLE credit. Presented by the Copyright Interest Group.

REGISTER NOW

Over the last 20-years the publishing industry has gone from a highly lucrative industry to experiencing the biggest downturn ever. Why? The Internet. The digital age impacted book sales in such a way that it was sink or change—the industry changed. Like a Phoenix arising from the ashes, the book industry now reigns supreme. With a renewed sense of confidence comes power; power that may affect your author clients. Join a panel of industry professionals for a thought-provoking session on what every book attorney must know to effectively counsel their author clients. You’ll hear the perspective of a publishing lawyer, literary agent, book editor, and a bestselling lawyer/novelist.

 They will:

  1. Discuss how changes in the book industry legally affect your clients;
  2. Explore important contract provisions and how best to negotiate them;
  3. Identify best practices in counseling your author clients.

Moderator: Francine Ward
Faculty: Kimberley CameronGeorgia Hughes and D.P. Lyle.

Francine Ward is a business and intellectual property attorney with a focus on copyrights, trademarks, publishing, entertainment, and 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. In addition, she received a 6-figure publishing deal from Random House for her first book, Esteemable Acts: 10 Actions for Building Real Self Esteem. Currently, Ward is working on her first crime novel.

Kimberley Cameron loves finding new voices. She was the co-founder of Knightsbridge Publishing Company with offices in New York and Los Angeles. In 1993 she became partners with Dorris Halsey of The Reece Halsey Agency, founded in 1957. She opened Reece Halsey North in 1995 and in 2009 the agency became Kimberley Cameron & Associates. She resides and works from Tiburon, California and France.

Georgia Hughes is editorial director at New World Library, where she acquires and edits nonfiction books in the areas of animals, spirituality, personal growth, sustainable business, mindfulness, health, and women’s issues. Before joining New World Library, Georgia worked as a bookseller (independent bookstores), at Harper San Francisco (now Harper One) and Prima Publishing, and as a freelance editor. New World Library’s list includes the Collected Works of Joseph Campbell, The Power of Now by Eckhart Tolle, and many other excellent books.

D.P. Lyle is the Macavity and Benjamin Franklin Silver Award winning and Edgar, Agatha, Anthony, Scribe, Silver Falchion, and USA Best Book Award nominated author of both non-fiction and fiction (the Samantha Cody, Dub Walker, and Jake Longly thriller series and the Royal Pains media tie-in series). Along with Jan Burke, he is the co-host of Crime and Science Radio. He has served as story consultant to many novelists and the screenwriters of shows such as Law & Order, CSI: Miami, Diagnosis Murder, Monk, Judging Amy, Peacemakers, Cold Case, House, Medium, Women’s Murder Club, 1-800-Missing, The Glades, and Pretty Little Liars.

Webinar: A Global Approach to Grey Market Issues: Solutions and Remedies in Europe and in the US

Thursday, November 17, 2016, 12 noon - 1 p.m.

This program offers 1 hour participatory MCLE credit

REGISTER TODAY

The grey market–or parallel import–is typically defined as the unauthorized importing of a genuine product either intended for a different market or through unauthorized channels. Goods that flow through the grey market can have a staggering impact on the revenue, image, reputation, organization or distribution networks of a company.

Against the backdrop of increased globalization and ubiquitous international exchanges, this webinar will offer a brief outline of the approach to grey market issues in Europe and in the US and suggest some of the tools that can be used by brand owners to combat the grey market from a global perspective.

Moderator: Pete Bromaghim
Speakers: Béatrice Martinet and Richard Nelson

Béatrice Martinet is special counsel at Sideman Bancroft whose practice focuses primarily on intellectual property litigation, arbitration and transactional work for clients in a wide range of sectors, including in the computer, technology, software, publishing, pharmaceutical, food and beverage, and fashion industries.

Richard Nelson is a partner at Sideman Bancroft who specializes in IP and fraud enforcement, with a focus on complex commercial litigation and internal investigations. Mr. Nelson has extensive jury trial experience in federal and state courts, having tried 32 cases to jury verdict.

Interest Group Open Calls

Licensing Interest Group Open Call

Friday, October 14, 2016, 12 noon

To participate in the meeting, 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.

Copyright Interest Group Open Call

Wednesday, October 5, 2016, 12 noon - 1 p.m. 

Call-in number: 855-520-7605; Conference Code: 1211276419# 

Please join the Copyright Interest Group for a member call on Wednesday, October 5, 2016 at 12 noon. During the call we will discuss current cases and copyright developments, and opportunities for getting involved, from writing articles, presenting on relevant copyright related issues, coordinating panels, and more!

Copyright is everywhere in the news. Join us and meet other members of your Copyright IG and discuss what’s on the horizon.

News

The 2016 IP and the Internet Conference

We had a great time at this year's IP and the Internet Conference at the Salesforce building in San Francisco! Great speakers and networking!

 Speakers Eric Goldman, Chris Kelly, and Bennet Kelly  CDA Section 230 in the Age of Cyber Civil Rights and Terrorism Panel
 Ian Ballon giving an Internet Law Update  2016 IP and the Internet Conference
 Social Media Takedown Panel from the IP and the Internet Conference  Disruption, Innovation, and the Law: An In-House Perspective Panel

 

Congratulations to the 2016 IP Vanguard Award Recipients

The Executive Committee of the IP Law Section is pleased to honor outstanding legal professionals who are spearheading new developments in the world of intellectual property. The IP Vanguard Awards will be presented during a special Awards ceremony at the 2016 IP Institute, the flagship event of the Intellectual Property Law Section.

Join us at the 2016 Intellectual Property Law Section Annual Institute on November 10-11 at the Hyatt Santa Barbara. The 2016 honorees are:

In-House Counsel

image of Fred Von Lohmann

Fred Von Lohmann
Legal Director, Copyright
Google, Inc.

Judiciary

image of  Honorable Ronald M. Whyte

Honorable Ronald M. Whyte
United States District Court
Northern District of California

Private Practice

image of Heather J. Meeker

Heather J. Meeker
Technology Transactions Partner
O’Melveny & Myers LLP

Academic or Public Policy

image of Kevin J. Greene

Kevin J. Greene
Professor of Law
Thomas Jefferson School of Law

Writers Wanted for New Matter

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

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

Ethical and Privacy Challenges in Internet Policy

Drawing from his many high profile roles in the business and legal community, Chris Kelly, former Chief Privacy Officer and General Counsel at Facebook, will provide a unique exploration of many of the ethical and privacy challenges that arise from establishing and complying with internet policy.

1 Participatory MCLE Credit in Ethics
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 Aurelia Schultz.