Advanced Seminar on Trademark & Copyright Law 2010 (COMBO)

Overview

Why You Should Attend

Advanced Seminar on Trademark Law 2010

Up-to-date knowledge of current trends and case law involving trademarks is essential for corporate and law firm attorneys who specialize in or often find themselves involved in this critical area of intellectual property.  The 2010 Advanced Seminar on Trademark Law brings together an outstanding faculty of practitioners and industry experts who will provide up-to-date developments in trademark law and practice. This seminar is also noted for presenting topics emphasizing practical skills.

Advanced Seminar on Copyright Law 2010

Copyright law has become an increasingly complex area in the face of new technologies and new ways of doing business. To help you keep up-to-date and provide the sophisticated, pragmatic legal advice your clients expect, PLI has brought together a group of leading experts on copyright law. The speakers at this advanced seminar will address critical issues in copyright law, drawing on their extensive experience and judgment. 

Current issues will be examined in the context of developed law and proposals and prospects for future change. Important litigation and licensing issues will be reviewed, as well as the impact of new technology, and copyright ownership and other major issues. The faculty will invite and answer questions to be sure those attending the program receive information relevant to their practice.

What You Will Learn

Advanced Seminar on Trademark Law 2010

• Overview of important 2009-2010 federal court and TTAB trademark decisions
• Update on keyword-triggered advertising liability for search engines and advertisers and auction site liability
• Trademark declaratory judgment actions:  Advantages and pitfalls
• Who owns the rights to OLDSMOBILE, PONTIAC, BEAR STERNS, and other “retired” brands?
• Brands on TV, in films and video games: Sources of income, sources of conflict and the changing expectations of the public
• What’s next for ICANN and internet domain name governance? Trademark concerns surrounding new gTLDs and internationalized TLDs
• Issues for clients and counsel when liability insurance kicks in (or doesn’t)
• Licensing best practices

• Review current key cases and hot issues
• Explore fair use, including Salinger and Rowling
• Understand statutory damages
• Learn about secondary liability
• Obtain must-read copyright licensing case law
• Review the Google Books Settlement and the future of digital-libraries
• Navigate Internet issues and developments
• Get guidelines for injunctions after eBay
• The Hot News Misappropriation Doctrine

Who Should Attend

Advanced Seminar on Trademark Law 2010

Lawyers experienced in the field of trademark law who need to stay abreast of current developments in this field.

Advanced Seminar on Copyright Law 2010

Experienced practitioners in the field of copyright law who need to know the latest developments in this field.

Special Features

Live Webcast - Simultaneous live webcast of the New York session is available for individual viewing. Webcast participants will receive streaming audio and/or video of the program, view and print the Course Handbook, and have the ability to submit questions electronically.

For more information click on the Live Webcast link in the Related Items box.

Special Bonus to all Registrants

All attendees receive a complimentary copy of PLI's comprehensive Course Handbook. This softcover, bound volume was written to augment this program and to stand alone as a permanent reference. PLI's Course Handbooks represent the definitive thinking of the nation's finest legal minds, and are often the standard reference in the field.

Please Note: Webcast attendees will receive a downloadable version of the Handbook one business day prior to the program.

PLI Group Discounts

Groups of 4-14 from the same organization, all registering at the same time, for a PLI program scheduled for presentation at the same site, are entitled to receive a group discount. For further discount information, please contact membership@pli.edu or call (800) 260-4PLI.

PLI Can Arrange Group Viewing to Your Firm

Contact the Groupcasts Department via email at groupcasts@pli.edu for more details.

Cancellations

All cancellations received 3 business days prior to the program will be refunded 100%. If you do not cancel within the allotted time period, payment is due in full. You may substitute another individual to attend the program at any time.

Schedule

Advanced Seminar on Trademark Law 2010

Morning Session:  9:00 a.m. -1:00 p.m.

9:00  Introduction

Kieran G. Doyle; Sheldon H. Klein

9:15  Overview of 2009-2010 Decisions, Including Keyword Advertising and Auction Site Liability

• Important TTAB decisions in the areas of fraud, descriptiveness/genericness, abandonment, priority, surnames, functionality, evidence and expert witness issues, and procedures under the new rules
   
• Important federal court decisions involving fair use, Internet keyword-triggered and other advertising, counterfeiting, cybersquatting, altered products, the right of publicity, secondary liability, famous marks, willfulness and profits, and more

Joseph N. Welch II
 
10:15  Trademark Declaratory Judgment Actions - Using the Bazooka While Avoiding the Landmines

• The requirement of an “actual controversy” within the court’s jurisdiction
• Cease and desist letters and other actions that may confer subject matter jurisdiction
• Personal jurisdiction and venue hurdles

Sheldon H. Klein; Karla G. Sanchez

11:15  Break

11:30  Trademarks of the Past and the Medium of the Future

Are Retired Brands up for Grabs?    

• Does the use of discarded trademarks deceive consumers?
• Abandonment and residual good will: Doctrines in conflict?

Anne Gilson LaLonde

ICANN and Internet Domain Name Governance; New and Internationalized  gTLDs

• The new age of  ICANN: Internet domain name system governance under the new “Affirmation of Commitments” understanding with the U.S. government
• Potentially diminishing influence at ICANN by the IP and general business communities due to ICANN structural changes
• New generic top-level and internationalized domain names: Will they be rolled out before the end of 2010 and, if so, what should trademark owners be doing to prepare for them?
• ICANN news round-up: What happened at ICANN's 37th meeting in Narobi, Kenya and what is on ICANN's plate for its upcoming 38th meeting in Brussels?

Caroline G. Chicoine
 
1:00  Lunch

Afternoon Session:  2:00 p.m. - 5:15 p.m.

2:00  Brands on the Silver Screen, the Television Screen and the Computer Screen    

• Placement or coincidence: The changing expectations of viewers
• How money is made through the inclusion of marks in video games
• How the law treats brands that appear in video games, films and television programs

Kieran G. Doyle; Leslie A. Shanklin

3:00  Insurance Coverage for Trademark Infringement Claims  

• Types and scope of coverage
• Interpreting policy provisions to determine existence and scope of coverage
• Coverage for expert trademark counsel
• The interface between insurance company, client, and counsel

Anthony K.Greene; Deanne M. Ottaviano

4:00  Break

4:15  License Drafting - The Good, the Bad and the Ugly

• Net sales
• Assignment; change of control
• Licensed property
• Representations; warranties; indemnification; territory
• Social compliance
• Ownership of designs
• Control over anti-counterfeiting measures

Eli B. Nathanson

5:15  Adjourn

Advanced Seminar on Copyright Law 2010

Morning Session:  9:00 a.m. - 12:30 p.m.

9:00  Introduction

Richard Dannay

9:15  Google Books Settlement

• The author and publisher litigations
• Background of the proposed settlement
• Summary of the key settlement terms
• Objections to the settlement: who, what, why, the Government, Google’s competitors
• Settlement agreement amendments; the court approval process 
• Future digital-library prospects

Jan F. Constantine

10:15  J.D. Salinger and Other Reflections on Fair Use

• The Salinger case
• Shepard Fairey, the Harry Potter Lexicon and other recent fair use cases
• Preliminary and permanent injunctions and the impact of the eBay and Winter Supreme Court cases
• The evolving meaning of “transformative use”
• "Market Harm" and the other fair use factors
• Free speech considerations for issues of liability and remedies

Edward H. Rosenthal

11:15  Break

11:30  Indispensable Copyright Licensing Case Law

• Essential must-read case law on copyright licensing
• How these cases affect drafting
• New-technology-rights cases and court interpretations of the scope of (ambiguous) grants of rights
• Breach of covenant versus breach of condition
• Contractual termination and rescission
• Statutory termination under sections 203 and 304(c)

Gloria C. Phares

12:30 - 1:45  Lunch
 
Afternoon Session:  1:45 p.m. - 5:00 p.m.

1:45  Copyright, Hot News, and the Internet

• The Hot News Misappropriation Doctrine
• AP v. All Headline News Corp
• Other recent case law
• The copyright preemption defense
• Modern Web content issues
• Creators versus consumers: Resolving the tension

Benjamin E. Marks

2:45  Secondary Liability

• Contributory infringement: test and factors
• Vicarious infringement: test and factors
• Inducement: test and factors
• Direct copyright infringement compared
• Key case law on secondary liability
• Secondary liability issues in the Internet context

Lori E. Lesser

3:45  Break

4:00  Statutory Damages

• When must the copyright holder register to be entitled to statutory damages
• Is a copyright owner entitled to statutory damages for the continuation of post-registration infringements that commenced pre-infringement
• Multiple infringers, multiple infringements, multiple awards
• How many awards of statutory damages may the copyright owner obtain for an unauthorized compilation of the owner’s separately copyrighted works
• Election of statutory damages over actual damages: when, how, and the effect on appeal
• Measuring the amount of a statutory damages award: what are the guidelines and the licensing analogies

Andrew Berger

5:00  Adjourn

Faculty

Co-Chair(s)

Speaker(s)

Program Attorney(s)

CLE Credit

Travel Information