CLE Course Details

Trademarks, Patents, and Copyrights: An Intellectual Property Primer

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Price: $107
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  • Description
    Don't miss this three part series! Part one:
    This CLE course in Trademark law looks at the practical aspects of the issue. The course is directed at non-IP lawyers, particularly those who are in-house counsel, to teach them the issues they need to be attuned to. The course will review:
    • What qualifies as a trademark
    • Required diligence necessary before using a potential mark
    • What constitutes infringement
    • The interplay of trademarks and domain names

    Part two:
    In the world of digital media, instant file transfer and internet downloading, copyright protection has become a controversial topic. According to the “First Sale Doctrine,” a recent provision in copyright law, the owner of a copy of a copyrighted item has permission to sell or transfer that item. Therefore, the purchaser of an item may legally sell it or give it to another person. However, that provision is not without its exceptions and like most legal provisions, is far more complex than it appears. This CLE course will review all of these issues and exceptions and will cover:
    • Items manufactured in foreign countries and the Supreme Court decisions pertaining to them
    • The legal definition of ownership
    • The First Sale Doctrine’s impact on grey market imports under trademark law
    • Licensing vs. sales
    • Conflicting policy issues and international commerce
    • International policies vs. American Law

    Part three:
    In the age of information sharing, product patenting has become almost as important as the product itself. This CLE course will explain the various complexities involved in product patenting as well as define the different types of patents and their importance. The course will also describe, in detail, the patent application process, the different between patents and intellectual property protection, the typical lifespan of patents, how to prevent the loss of rights and the legal requirements for patentability. The process of patenting is far more complex than people realize.
  • Instructor Bio

    Edward Rosenthal

    Edward H. Rosenthal chairs the firm’s Intellectual Property and Litigation Groups. He focuses on intellectual property litigation, emphasizing trademark, copyright, right of publicity, advertising, privacy and publishing matters. His clients include businesses and individuals in the media, advertising, sports, and entertainment fields.

    Mr. Rosenthal also has substantial involvement in issues relating to trademark prosecution and enforcement, representing numerous businesses and individuals in protecting and enforcing their intellectual property. He also represents the estates of deceased celebrities, including Humphrey Bogart, and handles licensing work for the estate and other celebrities and companies.

    Mr. Rosenthal is currently representing The Authors Guild and a number of other authors' rights associations and individuals in a suit against the HathiTrust arising out of its mass book digitization and orphan works programs. Recently, he defended Fredrik Colting, author of 60 Years Later: Coming Through the Rye, and his U.S. distributor, in a lawsuit brought by J.D. Salinger alleging copyright infringement. Mr. Rosenthal also successfully defended J.K. Rowling and Scholastic Inc., the author and publisher of the Harry Potter books, against claims of copyright and trademark infringement.

    Mr. Rosenthal has written and lectured extensively on a wide variety of intellectual property topics. He is a regular presenter to the Practicing Law Institute on the Right of Publicity, and has participated in numerous panels on trademark and copyright law. He was co-editor of Entertainment Law Matters, a blog focused on disputes and developments in the film, television, publishing, theatre, music, art, gaming, and fashion industries. Mr. Rosenthal has also been active in the Copyright Society of the U.S.A. and the International Trademark Association. He serves as co-chair of the Committee on Publicity, Privacy and Media of the New York State Bar Association’s Entertainment and Sports Law Committee and as a member of the Copyright Committee of the New York City Bar.

    Prior to joining Frankfurt Kurnit Klein & Selz, Mr. Rosenthal served as a law clerk to Hon. Abraham D. Sofaer in the Southern District of New York and was associated with the New York law firm of Kramer Levin Naftalis & Frankel. He was Adjunct Professor at Fordham Law School (Legal Writing, 1985-1986; Intellectual Property Drafting, 1996).

    Elayna Pham

    Elayna Pham is the Managing Attorney, Trademark for Axiom, a new model law firm which is the first real alternative to traditional law firm practice. With offices in 9 cities in the U.S. and around the world, Axiom has become a true leader in legal service innovation. Elayna partners with chief legal counsel of Fortune 100 companies on the protection and enforcement of their companies’ intellectual property assets. Prior to joining Axiom, Elayna spent nearly a decade at two of the largest U.S. based law firms where she practiced intellectual property law. In her spare time, Elayna frequently lectures and does pro bono work.

    David Aker

    David Aker received his J.D. after working in several engineering and technical positions. Professor Aker has since practiced intellectual property law with private firms and in corporate legal departments. He was an Intellectual Property Law Attorney with the Research Division of IBM and was Chief Patent Counsel, Analytical Instruments Division, of the company that was formerly The Perkin-Elmer Corporation in Norwalk, CT., a leading manufacturer of analytical instruments and life science systems. Professor Aker has his own practice in Hartsdale, New York, where he deals with all aspects of intellectual property, on a worldwide basis, for Fortune 500 companies, start up companies and individuals. He has taught Patent Law and related courses at the Law Center since 1983. In 1998, Professor Aker received Touro Law Center’s first annual Adjunct Professor of the Year award for dedicated and distinguished services to students. Since 2006, he has been on the faculty of the Practicing Law Institute's live Patent Bar Review Course, when it is offered in New York.
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