Wednesday, May 31, 2017, 10 a.m. - 11 a.m.
Sponsored by the Litigation Interest Group.
This prgoram offers 1 hour participatory MCLE credit.
This was a copyright infringement case between Star Athletica and Varsity Brands. The Supreme Court considered whether Varsity Brands’ cheerleader uniforms contained two-dimensional copyrightable works of art that are capable of being infringed by Star Athletica’s cheerleader uniforms.
The Supreme Court held for Varsity Brands and concluded that surface decorations or designs incorporated into a useful article, such as a cheerleader uniform, can be protected by copyright. In evaluating the creative element in the useful article, the decision maker should imagine the surface design apart from the useful article and consider whether it would qualify as a pictorial, graphic, or sculptural work either on its own or when fixed in some other tangible medium, i.e. conceptual separability. This is a big step in creating uniformity in this area of law.
The case was remanded to the district court. The subsequent district court result should be monitored closely. The Supreme Court did not hold that Varsity Brand’s chevron and stripe designs were copyrightable, only that they were eligible for copyright based on conceptual separability. This case will hopefully clarify what plaintiffs can protect under copyright law and provide greater uniformity to future decisions evaluating copyrightability of artistic elements of useful articles.
Moderator: Kieran De Terra
Speaker: Boris Zelkind More Information
Thursday, June 8, 2017,1 2 noon - 1 p.m.
Sponsored by the Patent Interest Group.
This program offers 1 hour participatory MCLE credit in Legal Ethics
Through the Patent Pro Bono Program, the United States Patent and Trademark Office assists intellectual property law associations that help financially under-resourced independent inventors and small businesses gain access to a registered patent practitioner. In this one-hour presentation, the panel will provide an overview of the Patent Pro Bono Program, focusing on applicant qualifications and volunteer opportunities. The panel will also discuss private and corporate participation in the Program that can provide pointers on how patent practitioners from all walks of the practice can get involved.
Moderator: Sanjesh Sharma Read More
Speakers: John C. Kirkpatrick Read More
Robert G. Pimm Read More
Erik Metzger Read More
Benjamin Kimes Read More
Tuesday, June 13, 2017, 12 noon - 1 p.m.
Sponsored by the Trademark Interest Group and In-House Interest Group.
This program offers 1 hour participatory MCLE credit.
In January 2017, the Trademark Trial and Appeal Board (TTAB) issued the broadest revision of its rules in a decade. Gain insight into the practical application of the new rules in inter partes and ex parte cases through a discussion of the changes with Administrative Trademark Judge Cindy Greenbaum and Interlocutory Attorney Benjamin Okeke. Topics will include mandatory electronic filing, changes to service of the initial complaint, discovery matters, and introduction of evidence during the trial period. Learn how to navigate the new rules and avoid the pitfalls that may plague those relying on old forms and practices. This presentation is a great opportunity to get caught up on the changes to the TTAB rules and will benefit attorneys with various levels of experience practicing before the TTAB.
Moderator: Carole Barrett
Speakers: Benjamin Okeke More Information
Cindy Greenbaum More Information
Thursday, June 29, 2017, 12 noon - 1 p.m.
Presented by the Antitrust, UCL and Privacy Section and the Intellectual Property Law Section
This program offers 1 hour participatory MCLE credit.
Please join us in this interactive panel discussion to explore the likelihood – and possible direction – of patent litigation reform. Topics will include:
Moderator: Buzz Frahn
Speakers: Elizabeth Gillen, Justin Liu, Brian Love and Jeff Ostrow
Wednesday, June 7, 2017
Dial-in number 855-520-7605, passcode 1211276419#.
Monthly "All Hands" Copyright IG conference call. On this call, we will discuss current cases and developments in copyright law. Each month a presenter will lead the discussion. We will also discuss opportunities to write articles, coordinate webinars, speak on webinars, and participate in the IP section in other ways. Please note: Our monthly calls are the 1st Wednesday of every month.
Friday, June 9, 2017
Dial-in number 855-520-7605; passcode 1211276419#.
Monthly “All Hands” Licensing IG conference call. We’ll discuss upcoming webinars and conferences, opportunities for members to get involved and Hot Topics. Please note: Our monthly calls are the 2nd Friday of every month.
The USPTO has just announced two new IT Solutions for trademark filers and is actively soliciting feedback from State Bar of California members.
The PTO has developed a mobile app for tracking the status of trademarks The application enables the user to receive a push notification anytime the status of a trademark application changes. The source code has been made open to the public and published on Github.com. The public is invited to use it to alert you when there is a status change on a pending application, use it in your own IT projects, improve it so it works best for you, or create an entirely new application.
The PTO requests that you send your comments and feedback regarding this app to email@example.com.
The USPTO has also launched another new tool to improve how you manage your intellectual property portfolios. With one single sign on, you can now track patent and trademark applications, receive alerts when they are updated, and receive other news from the USPTO. READ MORE
Nominations sought for the IP Vanguard Awards. Start thinking about your nominations for the 2017 Vanguard Awards! Achievements are honored in the following categories:
The full criteria and information about past honorees are available at IP Vanguard Awards. Please submit your nominations for the 2017 IP Vanguard Awards by June 30, 2017, using the 2017 Nomination Form). The 2017 Vanguard Awards will be presented at the always fun Vanguard Awards ceremonial luncheon during the IP Section's Annual Meeting at the 42nd Annual IP Institute occurring November 1 - 3, 2017.
Application deadline: June 2, 2017
New Matter is the quarterly official publication of the Intellectual Property Law Section. It is a journal of current comment and analysis of cases and issues vital to the use of intellectual property. The journal is sent free to members of the Intellectual Property Law Section. IP Section members volunteer for a variety of editor positions for a term of 1 year subject to reappointment. This is an opportunity to contribute to the legal profession and the public and a great opportunity to get more involved with the Section, network with colleagues, and work on an excellent publication.
If you are currently a member of the IP Section and are interested in being considered for an editorial position, please provide the following information to Section Coordinator John Buelter at John.Buelter@calbar.ca.gov no later than June 2, 2017:
One hour of MCLE is available in the current issue of New Matter , the State Bar IP Section's quarterly magazine.
For the Spring issue, you can earn credit for the article Policing the Boundaries of Copyright: Is It Time for the Supreme Court to Step In? by William J. O'Brien. One hour of MCLE credit can be obtained by answering a set of True/False questions.
Log on to the webiste www.calbar.org/self-study for details. Watch for other MCLE credit available in future issues of New Matter.
Log into your profile and click on CLE Summary and Tracking Tool. This summary reflects all in person and online participatory classes completed through the State Bar of California.
Note: Future releases will allow you to manually add courses completed through other providers.
Even if this summary reflects you have completed the required 25 hours of MCLE within your compliance period, you must still formally report compliance by submitting your MCLE compliance declaration through My State Bar Profile .
Members $115/Non-Members $155. Go HERE for a description, and HERE to order. You will need to click on Intellectual Property.
Inquiries about writing for New Matter, please contact firstname.lastname@example.org.
We're very grateful for your membership in the Section.
As a token of that, we're offering self-study MCLE credit in the areas of Legal Ethics, Competence Issues, and Recognition and Elimination of Bias in the Legal Profession and in Society. The programs are posted in our Member's Only Area.
Simply watch the programs and keep track of having done so. You can report this to the State Bar when it's time to demonstrate your compliance with the MCLE requirements.
May 17 – 19
San Diego, California
Make plans now to join more than 500 IP practitioners from around the globe for the second of AIPLA's three annual meetings. This year's Spring Meeting offers three days—each one comprised of three comprehensive CLE program tracks and network building. AIPLA makes earning the CLE minutes you need to maintain your credentials convenient, affordable, and professionally rewarding! In all, this year's Spring Meeting offers IP law professionals a total of 885 CLE minutes, including 1.0 hour of legal ethics. For more information, click HERE.
June 8, 2017, 8:30 a.m. - 5 p.m.
Silicon Valley USPTO Office
The Silicon Valley United States Patent and Trademark Office (USPTO) is holding a full day of programs on international and domestic trademark practices before the USPTO. The program is intended for trademark practitioners with basic knowledge of trademark prosecution who would like to know more about the Madrid Protocol and domestic trademark practice before the USPTO. Participants can earn four hours of California MCLE credit. The program is free and will be held on June 8, 8:30 a.m. to 5 p.m. at the Silicon Valley USPTO, 26 S. Fourth St., San Jose, CA 95113.
Topics will include:
This session is designed for trademark practitioners, IP professionals, and those who would like to learn more about the trademarks. The event is free and open to the public. RSVP
July 26, 2017
Last week, a fifth person was convicted for his role in a scam that defrauded thousands of trademark applicants. The PTO is proud to have assisted federal law enforcement officials in this recent example of the fraudulent solicitations that continue to target its customers. The USPTO Commissioner for Trademarks Mary Boney Denison writes about the ongoing efforts in her blog post, USPTO fights fraudulent trademark solicitations.
On July 26, the Trademark Organization and the Trademark Public Advisory Committee plan to hold a roundtable discussion on fraudulent solicitations. If you or your client would like to share your experience with a fraudulent advertisement at the roundtable, please contact Leigh Lowry at TMPolicy@uspto.gov.
The Silicon Valley, known as one of the most prodigious and innovative entrepreneurial communities in the country, was selected as our West Coast presence to assist the USPTO in fostering and protecting innovation. Looking for information focused on startups? Visit our Startup Resources page.
Did you miss it?
The panel presented an overview of the currents state of the law affecting the Internet and Privacy, including the most recent changes to privacy laws. The panel also explored changes to Internet operations, including the status of ICANN's Generic Topic Level Domain program; Commerce Department Internet Committee's report on Digital Copyrights; pending oral arguments on Net Neutrality; the 10th Anniversary of the CAN- SPAM statute; and recent CAN-SPAM cases.
1 participatory MCLE credit
For other Intellectual Property Law Section programs, see www.calbar.org/online-cle and select Intellectual Property Law Section.
The IP Section is on Facebook and Twitter and LinkedIn.
We invite you to contact a member of the Executive Committee, or an Interest Group Officer. The IP Section has Interest Groups on:
Or contact the Editors of Inevitable Disclosure, Barbara Friedman and Matt Neco.
The Intellectual Property Law Section
The State Bar of California
180 Howard Street
San Francisco, CA 94105