Seminar  Program

Intellectual Property Rights Enforcement 2019


Select a Location:

Why You Should Attend

From the physical world to the Internet, infringement of IP is a multi-billion dollar industry.  In-house and outside counsel need to know how best to protect their company’s or their client’s investments in IP.  To keep up with the rapidly evolving legal landscape in this field, companies need to be informed not only about the challenges they face, but also about the legal developments that affect how they do business and allocate their resources.

Join our faculty of in-house counsel, outside private practitioners and federal government agency representatives to receive practical guidance and learn effective strategies for protection of IP rights.

 

What You Will Learn

  • Trends and hot topics in copyright and trademark litigation
  • The latest developments in anti-counterfeiting case law
  • How to avoid ethical problems arising in IP enforcement
  • Details on current Government agency programs to protect IP
  • Best practices for a comprehensive IP policy including trademarks, copyrights, and trade secrets

 

Special Features

  • Earn one hour of Ethics credit

 

Who Should Attend

IP attorneys, general practitioners, in-house counsel and others charged with either protecting IP against infringement and counterfeiting, or advising on enforcement strategies and best practices.


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.

9:00 Opening Remarks

Brian W. Brokate, Kathleen E. McCarthy


9:15 Current Government IP Enforcement Programs
  • Federal criminal vs civil IP enforcement
  • What crimes DOJ prosecutes and determining factors
  • CHIP program at the judicial district level
  • Substantiating advertising claims: The science of compliance
  • "Made in USA" and other promotional promises
  • "Influencer" marketing and applying truth-in-advertising principles in social media
  • Developments in FTC remedies
  • Data security, consumer privacy, and the Internet of Things
  • Impact of the Supreme Court’s Lagos v. U.S. decision on IP victims’ restitution rights

Angelo E.P. Mazza (Panel Leader); Lesley Fair, John H. Zacharia



10:15 Copyright Enforcement Update

This annual summary segment will discuss leading copyright decisions handed down during the past year and will include:

  • Supreme Court update, including notable certiorari petitions and status of Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC
  • Leading Circuit Court decisions – BMG Rights Management v. Cox Communications, Fox News Network v. TVEyes, Oracle America v. Google, Naruto v. Slater, ASTM v. Public.Resource.Org, ABS Entertainment v. CBS, and more
  • Noteworthy District Court opinions, including Goldman v. Breitbart
  • Updates regarding copyrightability, fair use, new technologies, new media, pre-1972 sound recordings and procedural issues
  • 2018 legislative and regulatory developments

Bruce W. Baber



11:15 Networking Break



11:30 Trademark Enforcement Update

Significant trademark issues continue to percolate in the courts and the U.S. Patent and Trademark Office.  This annual summary of leading cases will cover:

  • What does it take for a mark to become generic?
  • What does it take to register a mark that is descriptive and where do you draw the line between descriptive marks and generic terms?
  • “Strength of plaintiff’s mark” in various Circuit court tests vs. “fame of plaintiff’s mark” in the DuPont test applied by the TTAB in assessing likelihood of confusion: Is there a difference in the two formulations?Should there be?
  • What does it take for a foreign mark owner to successfully assert rights in the US?
  • What relief is available for infringement and how does willfulness affect the award?

Scott Greenberg, Siegrun D. Kane



12:30 Lunch



1:45 IP Rights: Everything Else All at Once
  • Defend Trade Secrets Act – 3 years later
  • Trends in patent and trade secret areas
  • GDPR, Domains and ICANN IP
  • Agreement issues & negotiation points
  • What’s next?

Kathleen E. McCarthy, Rashmi S. Raj, Ken Taylor



2:45 Anticounterfeiting Update
  • Direct liability: 2018 case law updates and trends
  • Getting it right. Seizures and ex parte remedies: Practical guidance on drafting an effective order and executing same
  • Contributory liability: Effective strategies against online and brick and mortar retailers
  • Legislative updates in the United States: How they apply in practice
  • Customs and Border Patrol: Recent regulations and developing concerns

Brian W. Brokate, Cynthia Tregillis



3:45 Networking Break



4:00 Ethical Issues in IP Rights Enforcement
  • Recent developments re the use of private investigators, and how that may affect policing of trademark and copyright infringement consent orders and injunctions
  • How ethical issues come into play when assessing what litigation conduct makes a case “exceptional” for purposes of fee awards under the Patent and Lanham Acts, or an award of fees and/or sanctions under the Copyright Act
  • Ethical considerations that arise when litigation is funded by litigation finance firms, including maintaining privileges
  • Disclosure of work done with survey experts after the changes in the Federal Rules in 2010

Hon. Robert W. Lehrburger, Kathleen M. Wood



5:00 Adjourn

Co-Chair(s)
Brian W. Brokate ~ Gibney, Anthony & Flaherty, LLP
Kathleen E. McCarthy ~ King & Spalding
Speaker(s)
Bruce W. Baber ~ King & Spalding
Lesley Fair ~ Senior Attorney, Bureau of Consumer Protection, Federal Trade Commission
Scott Greenberg ~ Locke Lord LLP
Siegrun D. Kane ~ Kane Advisors, LLP
Hon. Robert W. Lehrburger ~ United States Magistrate Judge , United States District Court, Southern District of New York
Angelo E.P. Mazza ~ Gibney, Anthony & Flaherty, LLP
Rashmi S. Raj ~ VP, Intellectual Property, Corporate Legal Affairs, Nielsen
Ken Taylor ~ Director of Business Development, North America, Com Laude
Cynthia Lock Tregillis ~ Deputy General Counsel - Contracts, Products & Intellectual Property, Western Digital
Kathleen M. Wood ~ Connon Wood LLP
John H. Zacharia ~ Former Assistant Deputy Chief for Litigation, Computer Crime & Intellectual Property Section, Criminal Division, U.S. Department of Justice
Program Attorney(s)
Justin Capuano ~ Program Attorney, Practising Law Institute
New Jersey Groupcast Location

New Jersey Institute for Continuing Legal Education, One Constitution Square, New Brunswick, NJ 08901-1520. 732-249-5100.

General credit information about this format appears below. For credit information specific to this program, please choose your jurisdiction(s) in the Credit Information box on the right-hand side of this page.


U.S. MCLE States

Alabama:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Alaska:  All PLI products can fulfill Alaska’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Arizona:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “interactive CLE” credit. There is no limit to the number of credits an attorney can earn via interactive CLE programs.

Arkansas:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

California:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “participatory” credit. There is no limit to the number of credits an attorney can earn via participatory programs.

Colorado:  All PLI products can fulfill Colorado’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Connecticut: Effective January 1, 2017, all PLI products can fulfill Connecticut’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Delaware:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Florida:  All PLI products can fulfill Florida’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Georgia:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Hawaii:  All PLI products can fulfill Hawaii’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Idaho:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Illinois:  All PLI products can fulfill Illinois' CLE requirements for experienced attorneys. There is no limit to the number of credits an attorney can earn via PLI products.

Indiana:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Iowa:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Kansas:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live programs.

Kentucky:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Louisiana:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Maine:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Minnesota:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Mississippi:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “distance learning” credit. Attorneys are limited to 6 credits of distance learning per reporting period.

Missouri:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Montana:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Nebraska:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Nevada:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

New Hampshire:  All PLI products can fulfill New Hampshire’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

New Jersey:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “alternative verifiable learning formats” credit. Attorneys are limited to 12 credits of alternative verifiable learning formats per reporting period.

New Mexico:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

New York

Experienced Attorneys:  All PLI products can fulfill New York’s CLE requirements for experienced attorneys. There is no limit to the number of credits an attorney can earn via PLI products.

Newly Admitted Attorneys:  PLI’s transitional live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) can be used to fulfill the requirements for New York newly admitted attorneys. Ethics credit, professional practice credit, and law practice management credit may be earned via transitional live groupcasts. Skills credits may not be earned via live groupcasts.

North Carolina:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

North Dakota:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Ohio:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Oklahoma:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Oregon:  All PLI products can fulfill Oregon’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Pennsylvania:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Puerto Rico:  All PLI products can fulfill Puerto Rico’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Rhode Island:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

South Carolina:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Tennessee:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Texas:  All PLI products can fulfill Texas’ CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Utah:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “self-study” credit. Attorneys are limited to 12 credits of self-study per reporting period.

Vermont:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Virgin Islands:  All PLI products can fulfill the Virgin Islands’ CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Virginia:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live interactive” credit. There is no limit to the number of credits an attorney can earn via live interactive programs.

Washington:  All PLI products can fulfill Washington’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

West Virginia:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Wisconsin:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Wyoming:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.


CPD Jurisdictions

British Columbia (CPD-BC):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “real-time” credit. There is no limit to the number of credits an attorney can earn via real-time programs.

Ontario (CPD-ON):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “interactive” credit. There is no limit to the number of credits an attorney can earn via interactive programs.

Quebec (CPD-QC):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) can fulfill Quebec’s CPD requirements.

Hong Kong (CPD-HK):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of points an attorney can earn via live groupcasts.

United Kingdom (CPD-UK):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) can fulfill the United Kingdom’s CPD requirements.

Australia (CPD-AUS):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill Australia’s CPD requirements. Credit limits for live groupcasts vary according to jurisdiction. Please refer to your jurisdiction’s CPD information page for specifics.

Alberta (CPD-ALBERTA):  All PLI products can fulfill Alberta’s CPD requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Dubai (CLPD-DUBAI):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill CLPD credit requirements.


Other Credit Types

CPE Credit (NASBA):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as the “Group-Live” delivery method. Please check the Credit Information box on the right-hand side of this page to verify CPE credit availability.

IRS Continuing Education (IRS-CE):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill IRS-CE requirements. To request IRS-CE credit, please notify PLI at plicredits@pli.edu of your request and include your Preparer Tax Identification Number (PTIN).

Certified Fraud Examiner CPE:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill Certified Fraud Examiner CPE requirements. To request CPE credit or find out which programs offer CPE, please contact PLI at plicredits@pli.edu.

IAPP Continuing Privacy Credit (CPE):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill Privacy CPE credit requirements.

HR Recertification (HRCI):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill HR credit requirements.

SHRM Recertification (SHRM):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as "instructor-led" credit. There is no limit to the number of credits an SHRM professional can earn via instructor-led programs.

Compliance Certification Board (CCB):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” training events. There is no limit to the number of credits a candidate or certification holder can earn via live groupcasts.

Certified Anti-Money Laundering Specialists (CAMS):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill CAMS credit requirements.

New York State Social Worker Continuing Education (SW CPE):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill SW CPE credit requirements.

American Bankers Association Professional Certification (ABA):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill ABA credit requirements.

Certified Financial Planners (CFP):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill CFP credit requirements.

 

Why You Should Attend

From the physical world to the Internet, infringement of IP is a multi-billion dollar industry.  In-house and outside counsel need to know how best to protect their company’s or their client’s investments in IP.  To keep up with the rapidly evolving legal landscape in this field, companies need to be informed not only about the challenges they face, but also about the legal developments that affect how they do business and allocate their resources.

Join our faculty of in-house counsel, outside private practitioners and federal government agency representatives to receive practical guidance and learn effective strategies for protection of IP rights.

 

What You Will Learn

  • Trends and hot topics in copyright and trademark litigation
  • The latest developments in anti-counterfeiting case law
  • How to avoid ethical problems arising in IP enforcement
  • Details on current Government agency programs to protect IP
  • Best practices for a comprehensive IP policy including trademarks, copyrights, and trade secrets

 

Special Features

  • Earn one hour of Ethics credit

 

Who Should Attend

IP attorneys, general practitioners, in-house counsel and others charged with either protecting IP against infringement and counterfeiting, or advising on enforcement strategies and best practices.


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.

9:00 Opening Remarks

Brian W. Brokate, Kathleen E. McCarthy


9:15 Current Government IP Enforcement Programs
  • Federal criminal vs civil IP enforcement
  • What crimes DOJ prosecutes and determining factors
  • CHIP program at the judicial district level
  • Substantiating advertising claims: The science of compliance
  • "Made in USA" and other promotional promises
  • "Influencer" marketing and applying truth-in-advertising principles in social media
  • Developments in FTC remedies
  • Data security, consumer privacy, and the Internet of Things
  • Impact of the Supreme Court’s Lagos v. U.S. decision on IP victims’ restitution rights

Angelo E.P. Mazza (Panel Leader); Lesley Fair, John H. Zacharia



10:15 Copyright Enforcement Update

This annual summary segment will discuss leading copyright decisions handed down during the past year and will include:

  • Supreme Court update, including notable certiorari petitions and status of Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC
  • Leading Circuit Court decisions – BMG Rights Management v. Cox Communications, Fox News Network v. TVEyes, Oracle America v. Google, Naruto v. Slater, ASTM v. Public.Resource.Org, ABS Entertainment v. CBS, and more
  • Noteworthy District Court opinions, including Goldman v. Breitbart
  • Updates regarding copyrightability, fair use, new technologies, new media, pre-1972 sound recordings and procedural issues
  • 2018 legislative and regulatory developments

Bruce W. Baber



11:15 Networking Break



11:30 Trademark Enforcement Update

Significant trademark issues continue to percolate in the courts and the U.S. Patent and Trademark Office.  This annual summary of leading cases will cover:

  • What does it take for a mark to become generic?
  • What does it take to register a mark that is descriptive and where do you draw the line between descriptive marks and generic terms?
  • “Strength of plaintiff’s mark” in various Circuit court tests vs. “fame of plaintiff’s mark” in the DuPont test applied by the TTAB in assessing likelihood of confusion: Is there a difference in the two formulations?Should there be?
  • What does it take for a foreign mark owner to successfully assert rights in the US?
  • What relief is available for infringement and how does willfulness affect the award?

Scott Greenberg, Siegrun D. Kane



12:30 Lunch



1:45 IP Rights: Everything Else All at Once
  • Defend Trade Secrets Act – 3 years later
  • Trends in patent and trade secret areas
  • GDPR, Domains and ICANN IP
  • Agreement issues & negotiation points
  • What’s next?

Kathleen E. McCarthy, Rashmi S. Raj, Ken Taylor



2:45 Anticounterfeiting Update
  • Direct liability: 2018 case law updates and trends
  • Getting it right. Seizures and ex parte remedies: Practical guidance on drafting an effective order and executing same
  • Contributory liability: Effective strategies against online and brick and mortar retailers
  • Legislative updates in the United States: How they apply in practice
  • Customs and Border Patrol: Recent regulations and developing concerns

Brian W. Brokate, Cynthia Tregillis



3:45 Networking Break



4:00 Ethical Issues in IP Rights Enforcement
  • Recent developments re the use of private investigators, and how that may affect policing of trademark and copyright infringement consent orders and injunctions
  • How ethical issues come into play when assessing what litigation conduct makes a case “exceptional” for purposes of fee awards under the Patent and Lanham Acts, or an award of fees and/or sanctions under the Copyright Act
  • Ethical considerations that arise when litigation is funded by litigation finance firms, including maintaining privileges
  • Disclosure of work done with survey experts after the changes in the Federal Rules in 2010

Hon. Robert W. Lehrburger, Kathleen M. Wood



5:00 Adjourn

Co-Chair(s)
Brian W. Brokate ~ Gibney, Anthony & Flaherty, LLP
Kathleen E. McCarthy ~ King & Spalding
Speaker(s)
Bruce W. Baber ~ King & Spalding
Lesley Fair ~ Senior Attorney, Bureau of Consumer Protection, Federal Trade Commission
Scott Greenberg ~ Locke Lord LLP
Siegrun D. Kane ~ Kane Advisors, LLP
Hon. Robert W. Lehrburger ~ United States Magistrate Judge , United States District Court, Southern District of New York
Angelo E.P. Mazza ~ Gibney, Anthony & Flaherty, LLP
Rashmi S. Raj ~ VP, Intellectual Property, Corporate Legal Affairs, Nielsen
Ken Taylor ~ Director of Business Development, North America, Com Laude
Cynthia Lock Tregillis ~ Deputy General Counsel - Contracts, Products & Intellectual Property, Western Digital
Kathleen M. Wood ~ Connon Wood LLP
John H. Zacharia ~ Former Assistant Deputy Chief for Litigation, Computer Crime & Intellectual Property Section, Criminal Division, U.S. Department of Justice
Program Attorney(s)
Justin Capuano ~ Program Attorney, Practising Law Institute

New York City Seminar Location

PLI New York Center
, 1177 Avenue of the Americas, (2nd floor), entrance on 45th Street, New York, New York 10036. (800) 260-4754.

New York City Hotel Accommodations

Crowne Plaza Times Square Manhattan, 1605 Broadway (48th Street), New York, NY 10019 (212) 977-4000. When calling, mention Practising Law Institute. You can also make reservations online to access PLI's rates.

The Muse, 130 West 46th Street, New York, NY 10036. Please call reservations at 1-800-546-7866. When calling, please mention Practising Law Institute and Corporate Rate ID 786839408. In addition, you can book online at PLI Muse Hotel

Millennium Broadway Hotel, 145 West 44th Street, New York, NY 10036. Please call reservations at 1-800-622-5569. When calling, please mention Practising Law Institute. In addition, you can book online at PLI Millennium Hotel .

 Hyatt Times Square, 135 W. 45th Street, New York, NY 10036. For reservations, please call (646) 364-1234. When calling mention rate code CR56218 or Practising Law Institute.

General credit information about this format appears below. For credit information specific to this program, please choose your jurisdiction(s) in the Credit Information box on the right-hand side of this page.


U.S. MCLE States

Alabama: PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Alaska:  All PLI products can fulfill Alaska’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Arizona:  PLI’s live seminars qualify as “interactive CLE” credit. There is no limit to the number of credits an attorney can earn via interactive CLE programs.

Arkansas:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

California:  PLI’s live seminars qualify as “participatory” credit. There is no limit to the number of credits an attorney can earn via participatory programs.

Colorado:  All PLI products can fulfill Colorado’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Connecticut: Effective January 1, 2017, all PLI products can fulfill Connecticut’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Delaware:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Florida:  All PLI products can fulfill Florida’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Georgia:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Hawaii:  All PLI products can fulfill Hawaii’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Idaho:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Illinois: All PLI products can fulfill Illinois' CLE requirements for experienced attorneys. There is no limit to the number of credits an attorney can earn via PLI products.

Indiana:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Iowa:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Kansas:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live programs.

Kentucky:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Louisiana:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Maine:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Minnesota:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Mississippi:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Missouri:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Montana:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Nebraska:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Nevada:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

New Hampshire:  All PLI products can fulfill New Hampshire’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

New Jersey:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

New Mexico:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

New York

Experienced Attorneys:  All PLI products can fulfill New York’s CLE requirements for experienced attorneys. There is no limit to the number of credits an attorney can earn via PLI products.

Newly Admitted Attorneys:  PLI’s transitional live seminars can be used to fulfill the requirements for newly admitted attorneys. All credit categories may be earned via transitional live seminars.

North Carolina:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars

North Dakota:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Ohio:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Oklahoma:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Oregon:  All PLI products can fulfill Oregon’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Pennsylvania: PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Puerto Rico:  All PLI products can fulfill Puerto Rico’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Rhode Island:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

South Carolina:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Tennessee:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Texas:  All PLI products can fulfill Texas’ CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Utah:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Vermont:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Virgin Islands:  All PLI products can fulfill the Virgin Islands’ CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Virginia:  PLI’s live seminars qualify as “live interactive” credit. There is no limit to the number of credits an attorney can earn via live interactive programs.

Washington:  All PLI products can fulfill Washington’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

West Virginia:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Wisconsin:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Wyoming:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

CPD Jurisdictions

British Columbia (CPD-BC):  PLI’s live seminars qualify as “real-time” credit. There is no limit to the number of credits an attorney can earn via real-time programs.

Ontario (CPD-ON):  PLI’s live seminars qualify as “interactive” credit. There is no limit to the number of credits an attorney can earn via interactive programs.

Quebec (CPD-QC): PLI’s live seminars can fulfill Quebec’s CPD requirements.

Hong Kong (CPD-HK):  PLI’s live seminars qualify as “live” credit. There is no limit to the number of points an attorney can earn via live seminars.

United Kingdom (CPD-UK):  PLI’s live seminars can fulfill the United Kingdom’s CPD requirements.

Australia (CPD-AUS):  PLI’s live seminars qualify as “live” credit in all Australian jurisdictions. There is no limit to the number of credits an attorney can earn via live seminars.

Alberta (CPD-ALBERTA):  All PLI products can fulfill Alberta’s CPD requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Dubai (CLPD-DUBAI):  PLI’s live seminars may fulfill CLPD credit requirements.

Other Credit Types

CPE Credit (NASBA): PLI’s live seminars qualify as the “Group-Live” delivery method. Please check the Credit Information box on the right-hand side of this page to verify CPE credit availability.

IRS Continuing Education (IRS-CE): PLI’s live seminars may fulfill IRS-CE requirements. To request IRS-CE credit, please notify PLI at plicredits@pli.edu of your request and include your Preparer Tax Identification Number (PTIN).

Certified Fraud Examiner CPE:  PLI’s live seminars may fulfill Certified Fraud Examiner CPE requirements. To request CPE credit or find out which programs offer CPE, please contact PLI at plicredits@pli.edu.

IAPP Continuing Privacy Credit (CPE):  PLI’s live seminars may fulfill Privacy CPE credit requirements.

HR Recertification (HRCI):  PLI’s live seminars may fulfill HR credit requirements.

SHRM Recertification (SHRM):  PLI’s live seminars qualify as "instructor-led" credit. There is no limit to the number of credits an SHRM professional can earn via instructor-led programs.

Compliance Certification Board (CCB):  PLI’s live seminars qualify as “live” training events. There is no limit to the number of credits a candidate or certification holder can earn via live programs.

Certified Anti-Money Laundering Specialists (CAMS):  PLI’s live seminars may fulfill CAMS credit requirements.

New York State Social Worker Continuing Education (SW CPE):  PLI’s live seminars may fulfill SW CPE credit requirements.

American Bankers Association Professional Certification (ABA):  PLI’s live seminars may fulfill ABA credit requirements.

Certified Financial Planners (CFP):  PLI’s live seminars may fulfill CFP credit requirements.

 

Why You Should Attend

From the physical world to the Internet, infringement of IP is a multi-billion dollar industry.  In-house and outside counsel need to know how best to protect their company’s or their client’s investments in IP.  To keep up with the rapidly evolving legal landscape in this field, companies need to be informed not only about the challenges they face, but also about the legal developments that affect how they do business and allocate their resources.

Join our faculty of in-house counsel, outside private practitioners and federal government agency representatives to receive practical guidance and learn effective strategies for protection of IP rights.

 

What You Will Learn

  • Trends and hot topics in copyright and trademark litigation
  • The latest developments in anti-counterfeiting case law
  • How to avoid ethical problems arising in IP enforcement
  • Details on current Government agency programs to protect IP
  • Best practices for a comprehensive IP policy including trademarks, copyrights, and trade secrets

 

Special Features

  • Earn one hour of Ethics credit

 

Who Should Attend

IP attorneys, general practitioners, in-house counsel and others charged with either protecting IP against infringement and counterfeiting, or advising on enforcement strategies and best practices.


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.

9:00 Opening Remarks

Brian W. Brokate, Kathleen E. McCarthy


9:15 Current Government IP Enforcement Programs
  • Federal criminal vs civil IP enforcement
  • What crimes DOJ prosecutes and determining factors
  • CHIP program at the judicial district level
  • Substantiating advertising claims: The science of compliance
  • "Made in USA" and other promotional promises
  • "Influencer" marketing and applying truth-in-advertising principles in social media
  • Developments in FTC remedies
  • Data security, consumer privacy, and the Internet of Things
  • Impact of the Supreme Court’s Lagos v. U.S. decision on IP victims’ restitution rights

Angelo E.P. Mazza (Panel Leader); Lesley Fair, John H. Zacharia



10:15 Copyright Enforcement Update

This annual summary segment will discuss leading copyright decisions handed down during the past year and will include:

  • Supreme Court update, including notable certiorari petitions and status of Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC
  • Leading Circuit Court decisions – BMG Rights Management v. Cox Communications, Fox News Network v. TVEyes, Oracle America v. Google, Naruto v. Slater, ASTM v. Public.Resource.Org, ABS Entertainment v. CBS, and more
  • Noteworthy District Court opinions, including Goldman v. Breitbart
  • Updates regarding copyrightability, fair use, new technologies, new media, pre-1972 sound recordings and procedural issues
  • 2018 legislative and regulatory developments

Bruce W. Baber



11:15 Networking Break



11:30 Trademark Enforcement Update

Significant trademark issues continue to percolate in the courts and the U.S. Patent and Trademark Office.  This annual summary of leading cases will cover:

  • What does it take for a mark to become generic?
  • What does it take to register a mark that is descriptive and where do you draw the line between descriptive marks and generic terms?
  • “Strength of plaintiff’s mark” in various Circuit court tests vs. “fame of plaintiff’s mark” in the DuPont test applied by the TTAB in assessing likelihood of confusion: Is there a difference in the two formulations?Should there be?
  • What does it take for a foreign mark owner to successfully assert rights in the US?
  • What relief is available for infringement and how does willfulness affect the award?

Scott Greenberg, Siegrun D. Kane



12:30 Lunch



1:45 IP Rights: Everything Else All at Once
  • Defend Trade Secrets Act – 3 years later
  • Trends in patent and trade secret areas
  • GDPR, Domains and ICANN IP
  • Agreement issues & negotiation points
  • What’s next?

Kathleen E. McCarthy, Rashmi S. Raj, Ken Taylor



2:45 Anticounterfeiting Update
  • Direct liability: 2018 case law updates and trends
  • Getting it right. Seizures and ex parte remedies: Practical guidance on drafting an effective order and executing same
  • Contributory liability: Effective strategies against online and brick and mortar retailers
  • Legislative updates in the United States: How they apply in practice
  • Customs and Border Patrol: Recent regulations and developing concerns

Brian W. Brokate, Cynthia Tregillis



3:45 Networking Break



4:00 Ethical Issues in IP Rights Enforcement
  • Recent developments re the use of private investigators, and how that may affect policing of trademark and copyright infringement consent orders and injunctions
  • How ethical issues come into play when assessing what litigation conduct makes a case “exceptional” for purposes of fee awards under the Patent and Lanham Acts, or an award of fees and/or sanctions under the Copyright Act
  • Ethical considerations that arise when litigation is funded by litigation finance firms, including maintaining privileges
  • Disclosure of work done with survey experts after the changes in the Federal Rules in 2010

Hon. Robert W. Lehrburger, Kathleen M. Wood



5:00 Adjourn

Co-Chair(s)
Brian W. Brokate ~ Gibney, Anthony & Flaherty, LLP
Kathleen E. McCarthy ~ King & Spalding
Speaker(s)
Bruce W. Baber ~ King & Spalding
Lesley Fair ~ Senior Attorney, Bureau of Consumer Protection, Federal Trade Commission
Scott Greenberg ~ Locke Lord LLP
Siegrun D. Kane ~ Kane Advisors, LLP
Hon. Robert W. Lehrburger ~ United States Magistrate Judge , United States District Court, Southern District of New York
Angelo E.P. Mazza ~ Gibney, Anthony & Flaherty, LLP
Rashmi S. Raj ~ VP, Intellectual Property, Corporate Legal Affairs, Nielsen
Ken Taylor ~ Director of Business Development, North America, Com Laude
Cynthia Lock Tregillis ~ Deputy General Counsel - Contracts, Products & Intellectual Property, Western Digital
Kathleen M. Wood ~ Connon Wood LLP
John H. Zacharia ~ Former Assistant Deputy Chief for Litigation, Computer Crime & Intellectual Property Section, Criminal Division, U.S. Department of Justice
Program Attorney(s)
Justin Capuano ~ Program Attorney, Practising Law Institute
General credit information about this format appears below. For credit information specific to this program, please choose your jurisdiction(s) in the Credit Information box on the right-hand side of this page.

PLI’s live and on-demand webcasts are single-user license products intended for an individual registrant only. Credit will be issued only to the individual registered. If two or more individuals wish to participate in a webcast and receive credit, PLI would be happy to provide a Groupcast – group viewing of a webcast. To schedule a Groupcast, please contact PLI at groupcasts@pli.edu.


U.S. MCLE States

Alabama:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

Alaska:  All PLI products can fulfill Alaska’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Arizona:  PLI’s live webcasts qualify as “interactive CLE” credit. There is no limit to the number of credits an attorney can earn via interactive CLE programs.

Arkansas:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

California:  PLI’s live webcasts qualify as “participatory” credit. There is no limit to the number of credits an attorney can earn via participatory programs.

Colorado:  All PLI products can fulfill Colorado’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Connecticut: Effective January 1, 2017, all PLI products can fulfill Connecticut’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Delaware:  PLI’s live webcasts qualify as “eCLE” credit. Attorneys are limited to 12 credits of eCLE per reporting period.

Florida:  All PLI products can fulfill Florida’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Georgia:  PLI’s live webcasts qualify as “in-house” credit. Attorneys are limited to 6 in-house credits per reporting period.

Hawaii:  All PLI products can fulfill Hawaii’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Idaho:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

Illinois:  All PLI products can fulfill Illinois' CLE requirements for experienced attorneys. There is no limit to the number of credits an attorney can earn via PLI products.

Indiana:  PLI’s live webcasts qualify as “distance education” credit. Attorneys are limited to 9 credits of distance education per reporting period. Effective January 1, 2019, the limit of distance education per reporting period will increase from 9 to 18 credits.

Iowa:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

Kansas:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

Kentucky:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

Louisiana:  PLI’s live webcasts qualify as “self-study” credit. Attorneys are limited to 4 credits of self-study per reporting period.

Maine:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

Minnesota:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

Mississippi:  PLI’s live webcasts qualify as “distance learning” credit. Attorneys are limited to 6 credits of distance learning per reporting period.

Missouri:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

Montana:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

Nebraska:  PLI’s live webcasts qualify as “computer-based learning” credit. Attorneys are limited to 5 credits of computer-based learning per reporting period.

Nevada:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

New Hampshire:  All PLI products can fulfill New Hampshire’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

New Jersey:  PLI’s live webcasts qualify as “alternative verifiable learning formats” credit. Attorneys are limited to 12 credits of alternative verifiable learning formats per reporting period.

New Mexico:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

New York

Experienced Attorneys:  All PLI products can fulfill New York’s CLE requirements for experienced attorneys. There is no limit to the number of credits an attorney can earn via PLI products.

Newly Admitted Attorneys:  PLI’s transitional live webcasts can be used to fulfill the requirements for New York newly admitted attorneys. Ethics credit, professional practice credit, and law practice management credit may be earned via transitional live webcasts. Skills credits may not be earned via live webcasts.

North Carolina:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

North Dakota:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

Ohio:  PLI’s live webcasts qualify as “self-study” credit. Attorneys are limited to 12 credits of self-study per reporting period.

Oklahoma:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

Oregon:  All PLI products can fulfill Oregon’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Pennsylvania:  PLI’s live webcasts qualify as “distance learning” credit. Attorneys are limited to 6 credits of distance learning per reporting period.

Puerto Rico:  All PLI products can fulfill Puerto Rico’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Rhode Island:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

South Carolina:  PLI’s live webcasts qualify as “alternatively delivered” credit. Attorneys are limited to 6 credits of alternatively delivered programs per reporting period.

Tennessee:  PLI’s live webcasts qualify as “distance learning” credit. Attorneys are limited to 8 credits of distance learning per reporting period.

Texas:  All PLI products can fulfill Texas’ CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Utah:  PLI’s live webcasts qualify as “self-study” credit. Attorneys are limited to 12 credits of self-study per reporting period.

Vermont:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

Virgin Islands:  All PLI products can fulfill the Virgin Islands’ CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Virginia:  PLI’s live webcasts qualify as “live interactive” credit. There is no limit to the number of credits an attorney can earn via live interactive programs.

Washington:  All PLI products can fulfill Washington’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

West Virginia:  PLI’s live webcasts qualify as “online” credit. Attorneys are limited to 12 credits of online instruction per reporting period.

Wisconsin:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

Wyoming:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

CPD Jurisdictions

British Columbia (CPD-BC):  PLI’s live webcasts qualify as “real-time” credit. There is no limit to the number of credits an attorney can earn via real-time programs.

Ontario (CPD-ON):  PLI’s live webcasts qualify as “interactive” credit. There is no limit to the number of credits an attorney can earn via interactive programs.

Quebec (CPD-QC):  PLI’s live webcasts can fulfill Quebec’s CPD requirements.

Hong Kong (CPD-HK):  PLI’s live webcasts qualify as “distance learning” credit. Attorneys are limited to 15 points of distance learning programs per reporting period.

United Kingdom (CPD-UK):  PLI’s live webcasts can fulfill the United Kingdom’s CPD requirements.

Australia (CPD-AUS):  PLI’s live webcasts may fulfill Australia’s CPD requirements. Credit limits for live webcasts vary according to jurisdiction. Please refer to your jurisdiction’s CPD information page for specifics.

Alberta (CPD-ALBERTA):  All PLI products can fulfill Alberta’s CPD requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Dubai (CLPD-DUBAI):  PLI’s live webcasts may fulfill CLPD credit requirements.

Other Credit Types

CPE Credit (NASBA):  PLI’s live webcasts qualify as the “Group-Internet-Based” (GIB) delivery method. Please check the Credit Information box on the right-hand side of this page to verify CPE credit availability.

IRS Continuing Education (IRS-CE):  PLI’s live webcasts may fulfill IRS-CE requirements. To request IRS-CE credit, please notify PLI at plicredits@pli.edu of your request and include your Preparer Tax Identification Number (PTIN).

Certified Fraud Examiner CPE:  PLI’s live webcasts may fulfill Certified Fraud Examiner CPE requirements. To request CPE credit or find out which programs offer CPE, please contact PLI at plicredits@pli.edu.

IAPP Continuing Privacy Credit (CPE):  PLI’s live webcasts may fulfill Privacy CPE credit requirements.

HR Recertification (HRCI):  PLI’s live webcasts may fulfill HR credit requirements.

SHRM Recertification (SHRM):  PLI’s live webcasts qualify as "instructor-led" credit. There is no limit to the number of credits an SHRM professional can earn via instructor-led programs.

Compliance Certification Board (CCB):  PLI’s live webcasts qualify as “live” training events. There is no limit to the number of credits a candidate or certification holder can earn via live programs.

Certified Anti-Money Laundering Specialists (CAMS):  PLI’s live webcasts may fulfill CAMS credit requirements.

New York State Social Worker Continuing Education (SW CPE):  PLI’s live webcasts may fulfill SW CPE credit requirements.

American Bankers Association Professional Certification (ABA):  PLI’s live webcasts may fulfill ABA credit requirements.

Certified Financial Planners (CFP):  PLI’s live webcasts may fulfill CFP credit requirements.

 

Why You Should Attend

From the physical world to the Internet, infringement of IP is a multi-billion dollar industry.  In-house and outside counsel need to know how best to protect their company’s or their client’s investments in IP.  To keep up with the rapidly evolving legal landscape in this field, companies need to be informed not only about the challenges they face, but also about the legal developments that affect how they do business and allocate their resources.

Join our faculty of in-house counsel, outside private practitioners and federal government agency representatives to receive practical guidance and learn effective strategies for protection of IP rights.

 

What You Will Learn

  • Trends and hot topics in copyright and trademark litigation
  • The latest developments in anti-counterfeiting case law
  • How to avoid ethical problems arising in IP enforcement
  • Details on current Government agency programs to protect IP
  • Best practices for a comprehensive IP policy including trademarks, copyrights, and trade secrets

 

Special Features

  • Earn one hour of Ethics credit

 

Who Should Attend

IP attorneys, general practitioners, in-house counsel and others charged with either protecting IP against infringement and counterfeiting, or advising on enforcement strategies and best practices.


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.

9:00 Opening Remarks

Brian W. Brokate, Kathleen E. McCarthy


9:15 Current Government IP Enforcement Programs
  • Federal criminal vs civil IP enforcement
  • What crimes DOJ prosecutes and determining factors
  • CHIP program at the judicial district level
  • Substantiating advertising claims: The science of compliance
  • "Made in USA" and other promotional promises
  • "Influencer" marketing and applying truth-in-advertising principles in social media
  • Developments in FTC remedies
  • Data security, consumer privacy, and the Internet of Things
  • Impact of the Supreme Court’s Lagos v. U.S. decision on IP victims’ restitution rights

Angelo E.P. Mazza (Panel Leader); Lesley Fair, John H. Zacharia



10:15 Copyright Enforcement Update

This annual summary segment will discuss leading copyright decisions handed down during the past year and will include:

  • Supreme Court update, including notable certiorari petitions and status of Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC
  • Leading Circuit Court decisions – BMG Rights Management v. Cox Communications, Fox News Network v. TVEyes, Oracle America v. Google, Naruto v. Slater, ASTM v. Public.Resource.Org, ABS Entertainment v. CBS, and more
  • Noteworthy District Court opinions, including Goldman v. Breitbart
  • Updates regarding copyrightability, fair use, new technologies, new media, pre-1972 sound recordings and procedural issues
  • 2018 legislative and regulatory developments

Bruce W. Baber



11:15 Networking Break



11:30 Trademark Enforcement Update

Significant trademark issues continue to percolate in the courts and the U.S. Patent and Trademark Office.  This annual summary of leading cases will cover:

  • What does it take for a mark to become generic?
  • What does it take to register a mark that is descriptive and where do you draw the line between descriptive marks and generic terms?
  • “Strength of plaintiff’s mark” in various Circuit court tests vs. “fame of plaintiff’s mark” in the DuPont test applied by the TTAB in assessing likelihood of confusion: Is there a difference in the two formulations?Should there be?
  • What does it take for a foreign mark owner to successfully assert rights in the US?
  • What relief is available for infringement and how does willfulness affect the award?

Scott Greenberg, Siegrun D. Kane



12:30 Lunch



1:45 IP Rights: Everything Else All at Once
  • Defend Trade Secrets Act – 3 years later
  • Trends in patent and trade secret areas
  • GDPR, Domains and ICANN IP
  • Agreement issues & negotiation points
  • What’s next?

Kathleen E. McCarthy, Rashmi S. Raj, Ken Taylor



2:45 Anticounterfeiting Update
  • Direct liability: 2018 case law updates and trends
  • Getting it right. Seizures and ex parte remedies: Practical guidance on drafting an effective order and executing same
  • Contributory liability: Effective strategies against online and brick and mortar retailers
  • Legislative updates in the United States: How they apply in practice
  • Customs and Border Patrol: Recent regulations and developing concerns

Brian W. Brokate, Cynthia Tregillis



3:45 Networking Break



4:00 Ethical Issues in IP Rights Enforcement
  • Recent developments re the use of private investigators, and how that may affect policing of trademark and copyright infringement consent orders and injunctions
  • How ethical issues come into play when assessing what litigation conduct makes a case “exceptional” for purposes of fee awards under the Patent and Lanham Acts, or an award of fees and/or sanctions under the Copyright Act
  • Ethical considerations that arise when litigation is funded by litigation finance firms, including maintaining privileges
  • Disclosure of work done with survey experts after the changes in the Federal Rules in 2010

Hon. Robert W. Lehrburger, Kathleen M. Wood



5:00 Adjourn

Co-Chair(s)
Brian W. Brokate ~ Gibney, Anthony & Flaherty, LLP
Kathleen E. McCarthy ~ King & Spalding
Speaker(s)
Bruce W. Baber ~ King & Spalding
Lesley Fair ~ Senior Attorney, Bureau of Consumer Protection, Federal Trade Commission
Scott Greenberg ~ Locke Lord LLP
Siegrun D. Kane ~ Kane Advisors, LLP
Hon. Robert W. Lehrburger ~ United States Magistrate Judge , United States District Court, Southern District of New York
Angelo E.P. Mazza ~ Gibney, Anthony & Flaherty, LLP
Rashmi S. Raj ~ VP, Intellectual Property, Corporate Legal Affairs, Nielsen
Ken Taylor ~ Director of Business Development, North America, Com Laude
Cynthia Lock Tregillis ~ Deputy General Counsel - Contracts, Products & Intellectual Property, Western Digital
Kathleen M. Wood ~ Connon Wood LLP
John H. Zacharia ~ Former Assistant Deputy Chief for Litigation, Computer Crime & Intellectual Property Section, Criminal Division, U.S. Department of Justice
Program Attorney(s)
Justin Capuano ~ Program Attorney, Practising Law Institute
Ice Miller LLP, One American Square, Suite 2900, Indianapolis, IN 46282

General credit information about this format appears below. For credit information specific to this program, please choose your jurisdiction(s) in the Credit Information box on the right-hand side of this page.


U.S. MCLE States

Alabama:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Alaska:  All PLI products can fulfill Alaska’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Arizona:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “interactive CLE” credit. There is no limit to the number of credits an attorney can earn via interactive CLE programs.

Arkansas:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

California:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “participatory” credit. There is no limit to the number of credits an attorney can earn via participatory programs.

Colorado:  All PLI products can fulfill Colorado’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Connecticut: Effective January 1, 2017, all PLI products can fulfill Connecticut’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Delaware:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Florida:  All PLI products can fulfill Florida’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Georgia:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Hawaii:  All PLI products can fulfill Hawaii’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Idaho:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Illinois:  All PLI products can fulfill Illinois' CLE requirements for experienced attorneys. There is no limit to the number of credits an attorney can earn via PLI products.

Indiana:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Iowa:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Kansas:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live programs.

Kentucky:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Louisiana:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Maine:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Minnesota:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Mississippi:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “distance learning” credit. Attorneys are limited to 6 credits of distance learning per reporting period.

Missouri:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Montana:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Nebraska:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Nevada:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

New Hampshire:  All PLI products can fulfill New Hampshire’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

New Jersey:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “alternative verifiable learning formats” credit. Attorneys are limited to 12 credits of alternative verifiable learning formats per reporting period.

New Mexico:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

New York

Experienced Attorneys:  All PLI products can fulfill New York’s CLE requirements for experienced attorneys. There is no limit to the number of credits an attorney can earn via PLI products.

Newly Admitted Attorneys:  PLI’s transitional live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) can be used to fulfill the requirements for New York newly admitted attorneys. Ethics credit, professional practice credit, and law practice management credit may be earned via transitional live groupcasts. Skills credits may not be earned via live groupcasts.

North Carolina:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

North Dakota:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Ohio:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Oklahoma:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Oregon:  All PLI products can fulfill Oregon’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Pennsylvania:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Puerto Rico:  All PLI products can fulfill Puerto Rico’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Rhode Island:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

South Carolina:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Tennessee:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Texas:  All PLI products can fulfill Texas’ CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Utah:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “self-study” credit. Attorneys are limited to 12 credits of self-study per reporting period.

Vermont:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Virgin Islands:  All PLI products can fulfill the Virgin Islands’ CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Virginia:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live interactive” credit. There is no limit to the number of credits an attorney can earn via live interactive programs.

Washington:  All PLI products can fulfill Washington’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

West Virginia:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Wisconsin:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Wyoming:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.


CPD Jurisdictions

British Columbia (CPD-BC):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “real-time” credit. There is no limit to the number of credits an attorney can earn via real-time programs.

Ontario (CPD-ON):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “interactive” credit. There is no limit to the number of credits an attorney can earn via interactive programs.

Quebec (CPD-QC):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) can fulfill Quebec’s CPD requirements.

Hong Kong (CPD-HK):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of points an attorney can earn via live groupcasts.

United Kingdom (CPD-UK):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) can fulfill the United Kingdom’s CPD requirements.

Australia (CPD-AUS):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill Australia’s CPD requirements. Credit limits for live groupcasts vary according to jurisdiction. Please refer to your jurisdiction’s CPD information page for specifics.

Alberta (CPD-ALBERTA):  All PLI products can fulfill Alberta’s CPD requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Dubai (CLPD-DUBAI):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill CLPD credit requirements.


Other Credit Types

CPE Credit (NASBA):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as the “Group-Live” delivery method. Please check the Credit Information box on the right-hand side of this page to verify CPE credit availability.

IRS Continuing Education (IRS-CE):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill IRS-CE requirements. To request IRS-CE credit, please notify PLI at plicredits@pli.edu of your request and include your Preparer Tax Identification Number (PTIN).

Certified Fraud Examiner CPE:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill Certified Fraud Examiner CPE requirements. To request CPE credit or find out which programs offer CPE, please contact PLI at plicredits@pli.edu.

IAPP Continuing Privacy Credit (CPE):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill Privacy CPE credit requirements.

HR Recertification (HRCI):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill HR credit requirements.

SHRM Recertification (SHRM):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as "instructor-led" credit. There is no limit to the number of credits an SHRM professional can earn via instructor-led programs.

Compliance Certification Board (CCB):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” training events. There is no limit to the number of credits a candidate or certification holder can earn via live groupcasts.

Certified Anti-Money Laundering Specialists (CAMS):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill CAMS credit requirements.

New York State Social Worker Continuing Education (SW CPE):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill SW CPE credit requirements.

American Bankers Association Professional Certification (ABA):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill ABA credit requirements.

Certified Financial Planners (CFP):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill CFP credit requirements.

 

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