Intellectual Property Rights Protection

Take That Down! Trademark and Copyright Enforcement in the Digital World and Entertainment Industries

Synopsis

In a world of rapid technological innovation, the complexity level of copyright and trademark issues has increased exponentially. In light of these innovations, copyrights and trademarks are now created, distributed, exploited and owned in non-traditional ways. Lawyers need to be experienced in tackling these multifaceted issues and in providing innovative solutions to their clients. This course provides an in-depth look at trademark and copyright enforcement in the digital world, and supplies some valuable tips to help your clients protect their copyrights, trademarks, and brands.

 



Outline

I. Infringing Material Hosted by Online Service Providers
    A. What is Going to be Covered
    B. The DMCA
    C. Procedure for Notification
    D. Gaps in the DMCA
        1. ISP Issues
        2. Additional Obstacles
    E.  Getting Compliance
    F.   Non-Compliance Can Get Messy
II. Generic Top-Level Domains
     A. They Are No Longer New
     B. Defense and Offense
     C. Legal Rights Objections
     D. Unsuccessful Objections
     E. The Clearinghouse
     F. URS and PDDRP
     G. The Launch
     H. What are the .Brand Owners Doing?
     I. Round Two by ICANN
III. Online Trademark Enforcement
     A. Developing the Right-Sized Approach
     B. Fundamentals
     C. Examples of Online Infringement and Enforcement
     D. Websites
        1. Demand Letters and Takedown Notices
        2. More Enforcement Options
     E. Online Sales of Your Company's Goods
IV. Audience and Panel Discussion
     A. Counterfeit Education Efforts
     B. Takedown and Social Media Sites
     C. Specialized Top-Level Domains
     D. Further DMCA Discussion
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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.

 


Learning Objectives:





Speakers / Authors:

Photo of Alicia Bell

Alicia Bell is a partner in the firm of Miller Nash Graham & Dunn LLP, and the practice team leader for the Intellectual Property team. Ms. Bell helps clients develop and implement intellectual property strategies that are consistent with their business priorities and corporate culture. She assists clients with the management and protection of intellectual property assets, including evaluating and addressing copyright and trademark infringement online and offline, clearing and registering state and federal trademarks, and helping clients navigate the complexities of copyright law.

Ms. Bell routinely handles matters related to software, including video games and other creative tech, websites, mobile app platforms, social network sites, music, merchandise, and visual art. Her experience includes preparing and negotiating licenses, development and service agreements, nondisclosure agreements, vendor contracts, and most other agreements that her clients encounter in the course of doing business.

Ms. Bell also assists clients with issues related to their online presence, such as Digital Millennium Copyright Act compliance, domain name disputes, and development of website policies, including terms of use and privacy policies.

Ms. Bell received her J.D., with honors, her M.M. from the University of Texas, and her B.M. from Northwestern University.

Photo of Allison Buchner

Allison Buchner is General Counsel for Dollar Shave Club. Prior to that, she was a partner at Kirkland & Ellis LLP, in the Intellectual Property group where her practice included patents, trademarks, false advertising, and general litigation.

Ms. Buchner is currently a member of the Board of Directors of Wish Forward, a 501C-3 non-profit organization committed to fostering best practices in inclusive education. She is also a member of the Board of Directors of the Disability Rights Legal Center, a 501C-3 non-profit, public interest advocacy organization that champions the civil rights of people with disabilities as well as those affected by cancer and other serious illnesses. DRLC is a leader in bringing cutting-edge cases to court and in winning victories to protect and to expand the rights of people to help eliminate discrimination and other legal barriers.

Ms. Buchner received her J.D., magna cum laude, from Pepperdine School of Law in 2007, her M.A., summa cum laude, from the University of Missouri, St. Louis, in 2004, and her B.S., summa cum laude, from Pierre Laclede Honors College at the University of Missouri, St. Louis, in 2002.

Photo of Wendy Larson

Wendy Larson is a member of the law firm Pirkey Barber PLLC, where she practices trademark law with a focus on litigation. She focuses specifically on issues relating to the internet, including cybersquatting and brand protection challenges involving social media platforms and smartphone applications, keyword advertising, service provider liability, and personal jurisdiction relating to foreign online actors.

Ms. Larson practices in federal court, before the Patent and Trademark Office’s Trademark Trial and Appeal Board (TTAB), and with dispute resolution service providers such as the National Arbitration Forum (NAF) and the World Intellectual Property Organization (WIPO) handling domain name disputes under ICANN’s domain name dispute resolution policies. Wendy also assists clients in a variety of prosecution and other litigation matters.

Ms. Larson received her J.D. from the University of Southern California School of Law in 2004, and her B.A. from Cornell University in 2000.

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Price (USD)

Standard Rate: $149.00
Subscribers: FREE
Pillsbury U Online: $149.00
Metro State Univ: $149.00

Details

Course Code : 772548

Release Date : 09/06/2017


Length : 1hr 11min
Recorded Date : 5/17/2017


Format Type : eLearning


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