transcript   Transcript

Copyright and Trademark Enforcement Update

Recorded on: Jan. 24, 2017
Running Time: 01:00:54

Full Transcript:

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Taken from the Web Program Intellectual Property Rights Enforcement 2017 recorded January, 2017 in New York.

Copyright and Trademark Enforcement Update [01:00:54]

Copyright Enforcement Update:

The courts continue to hand down noteworthy copyright decisions every month regarding new technologies, fair use, copyrightability and remedies.  This annual summary of leading copyright cases will include:

  • The Supreme Court’s Kirtsaeng II decision regarding attorneys’ fee awards in copyright cases
  • The Varsity Brands case now before the Supreme Court on the protectability of design elements that are used as part of “the design of a useful article”
  • An update on fair use developments, including the Ninth Circuit’s amended opinion in the Dancing Baby case, the circuit courts’ split views on sampling, and the Oracle v. Google fair use retrial 
  • The continuing saga of the state law / federal law interplay relating to pre-1972 sound recordings
  • Recent developments regarding the rarely-litigated Visual Artists Rights Act

Trademark Enforcement Update:

  • Bayer v. Belmora: the dispute over Bayer’s right to cancel Belmora’s U.S. registration for FLANAX.  Does Bayer have standing even though Bayer does not use its Mexican FLANAX mark in the U.S.?
  • The district court vs. the TTAB in Houndstooth Mafia: is it okay to buy yourself out of a losing precedential TTAB decision by paying off your adversary?
  • Can surveys make the difference?  The 13 year battle over “Coke Zero” and other cases where surveys turned the tide.
  • The Converse ITC proceeding: Converse’s effort to protect its iconic Chuck Taylor sneaker design. Converse wins some and loses some -- what are the arguments on appeal?

The purchase price of this segment includes the following article from the Course Handbook available online:

  • Copyright Enforcement Update 2017: Kirtsaeng II, Varsity Brands, Fair Use, Pre-1972 Sound Recordings and VARA (November 21, 2016)
    Bruce W. Baber
  • IP Enforcement Update (Last updated: October 18, 2016)
    Siegrun D. Kane

Presentation Material

  • Copyright Update
  • IP Enforcement and Litigation 2017 Trademark Update
Bruce W Baber ~ King & Spalding LLP
Siegrun D Kane ~ Kane Advisors LLP
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