Intellectual Property Rights Protection

From Books and Comics to Movies, Video Games, and Toys: The Collision of IP and Popular Culture, Virtual Reality and Online Games

Synopsis

This course takes an in-depth look at how popular culture can pose its share of issues in the intellectual property legal world.  Whether you are dealing with the gaming industry or the entertainment industry, IP issues present themselves every day and in many forms. The presenters provide a thorough look at trademark, right of publicity and copyright law as they address each of these areas through the use of case law examples, real-world situations, and more.



Outline

I. Popular Culture and the Clash with Intellectual Property
    A. Introductions
    B. Implications of Virtual Reality and Online Games
        1. Augmented and Virtual Reality
        2. Copyright Issues
        3. Infringement
        4. Enforcement of Infringement
        5. Trademark and Fair Competition
    C. Third-Party IP in Video Games
        1. First Amendment Free Expression?
        2. The Rogers Test and the Transformative Use Test
        3. Case Law - Grand Theft Auto and Guitar Hero
        4. More First Amendment Defense Case Law
        5. Rogers Test Applied
        6. Same Test, Same Claims, Different Outcomes
    D. IP in the Entertainment and Media Industries
        1. Becoming a Brand
        2. Protecting the "Brand"
        3. Right of Publicity vs. Trademarks
        4. Controlling Tribute/Criticism Sites
        5. Fictional Products
    E.  Panel Discussion
        1. Tribute Entertainers, Nicknames and Rights of Publicity
        2. Protecting Rights of Celebrities Overseas
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Content Provided
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The American Intellectual Property Law Association (AIPLA) is a national bar association constituted primarily of lawyers in private and corporate practice, in government service, and in the academic community, with approximately 13,500 members. AIPLA represents a wide and diverse spectrum of individuals, companies and institutions involved directly or indirectly in the practice of patent, trademark, copyright, and unfair competition law, as well as other fields of law affecting intellectual property. Our members represent both owners and users of intellectual property.

AIPLA was formed in 1897 to maintain a high standard of professional ethics, to aid in the improvement in laws relating to intellectual property and in their proper interpretation by the courts, and to provide legal education to the public and to its members on intellectual property issues.

AIPLA is governed by a Board of Directors and has a staff of 25, headed by an Executive Director, located in Arlington, Virginia. AIPLA has more than 50 administrative and substantive committees which provide education to their members and formulate proposed positions for the Board of Directors to consider adopting as Association policy.

AIPLA is also actively involved in shaping US intellectual property policy through its work on legislation, federal regulations, and intellectual property cases in the US courts. Internationally, AIPLA has spearheaded a worldwide campaign to reduce the costs of procurement and enforcement of patents and trademarks, regularly participates in meetings of the Word Intellectual Property Organization, and maintains close relations with foreign IP officials and practitioners.

To qualify for membership, applicants must be members in good standing of the Bar of a court of record of the United States or any State. Foreign affiliate members must be able to practice in a court of general jurisdiction in their countries, or registered to practice before the Patent or Trademark Office in their country of citizenship or practice, to be considered for membership. AIPLA also has student affiliate memberships available for those regularly enrolled in a law school approved by the Association of American Law Schools and affiliate membership is available to patent agents who are registered with the USPTO. Approximately 63% of the regular members are in private practice, 33% in corporate practice, with the remainder in the government or academia. See our membership application for more information.

AIPLA conducts three regularly scheduled conferences a year, mid-winter, spring, and fall, at which the Association offers educational seminars on the latest developments in intellectual property law. In addition, AIPLA conducts several stand-alone seminars on specialized areas of intellectual property law throughout the year around the country, as well as online educational programs.

The Association produces a number of informative publications including the AIPLA Quarterly Journal (a scholarly law journal published four times a year), the AIPLA Bulletin (an overview of AIPLA meetings published electronically three times a year, and meeting papers from the regularly scheduled conferences and nationwide seminars. The Association also provides its members online access to a membership directory. Finally, AIPLA biennially publishes the Report of the Economic Survey, providing a significant benchmarking tool for compensation and charges in the intellectual property law field.





Speakers / Authors:

Photo of John Krieger

John Krieger

John Krieger is a member of Dickson Wright PLCC’s Intellectual Property and Entertainment & Sports Departments. He concentrates his practice on intellectual property litigation in both state and federal court; prosecuting and defending clients for claims including trademark infringement, copyright infringement, patent infringement, domain name, and anti-counterfeiting litigation; as well as trade secret misappropriation and unfair competition.

Mr. Krieger has extensive experience litigating cases involving the infringement of intellectual property rights over the Internet, and has successfully shut down websites containing infringing material, secured the transfer of infringing domain names for his clients, and counseled clients in defensive domain name registration strategies to protect their intellectual property in the U.S. and around the world. He has summarily defeated challenges to jurisdiction and obtained numerous preliminary and permanent injunctions against third party infringers.

Mr. Krieger has also litigated matters involving the infringement of trademarks, trade dress and copyrights, as well as counterfeit goods, at international Las Vegas trade shows, including obtaining emergency seizure orders and permanent injunctive relief. He has filed numerous opposition and cancellation proceedings on behalf of clients before the Trademark Trial and Appeal Board of the U.S. Patent and Trademark Office. Mr. Krieger has sought or defended the full spectrum of remedies including actual, statutory, and punitive damages; temporary restraining order; preliminary injunctions; permanent injunctions; and contempt hearings.

Mr. Krieger counsels with many clients in the entertainment industry, including artists, actors, authors, musicians and reality show participants, to make sure their rights are protected. He has worked on a variety of agreements, including licensing, royalty, publishing, location, rights of publicity, waivers, indemnifications and related contracts.

Mr. Krieger received his J.D. from Washington University School of Law in 1996 and his B.A. from Brigham Young University in 1993.

Photo of Brian Wassom

Brian Wassom

Brian Wassom is a partner in the firm of Warner Norcross & Judd. Mr. Wassom litigates disputes and counsels clients in a wide range of commercial and intellectual property matters. He has developed a particular focus in matters of creative expression, commercial identity and privacy, which spans the legal doctrines of copyright, trademark, privacy, publicity rights, advertising, journalism and related fields. A futurist at heart, Brian has become a globally recognized thought leader in the brand-new legal issues raised by augmented reality and other cutting-edge emerging media. He regularly publishes blogs and speaks on these topics to industry groups, legal education seminars and conferences across the country.

An accomplished litigator, Mr. Wassom has achieved victories for his clients in federal and state trial and appeal courts across the country. He was also instrumental in helping launch Michigan’s first “business court,” and remains active in statewide efforts to nurture this new approach to resolving business disputes.

Mr. Wassom received his J.D., magna cum laude, in 1999 from Case Western Reserve University, and his B.A. in 1996 from Wayne State University. .

Photo of David Youssefi

David Youssefi

David Youssefi is Vice President and General Counsel at Daybreak Game Company in San Diego. He oversees the company’s legal affairs, including video game development and publishing agreements, inbound and outbound IP licensing, management of the company’s vendor and consulting contracts, intellectual property protection, privacy, employment matters, governance, compliance, M&A, and dispute resolution.

Mr. Youssefi also advises the company’s executive team on a wide range of business matters such as deal structures, monetization models, eSports partnerships, and company policies. Before becoming Daybreak’s general counsel in January 2015, he was VP of Business and Legal Affairs at Sony Online Entertainment (SOE).

Mr. Youssefi received his J.D., and B.S. in Computer Science, from Arizona State University.

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Price (USD)

Standard Rate: $99.00
Subscribers: FREE
Pillsbury U Online: $99.00
Metro State Univ: $99.00

Details

Course Code : 772547

Release Date : 08/28/2017


Recorded Date : 5/18/2017

Length : 1hr 9min


Format Type : eLearning

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