Protecting IP Rights in the Gray Market and in Electronic Distribution

A live 90-minute CLE webinar/teleconference with interactive Q&A
Sponsored by the Legal Publishing Group of Strafford Publications
Thursday August 18, 2011 ~ 1:00pm-2:30pm EDT
Price: $297

Please note: You will be taken to the Strafford website to complete your order.

This CLE webinar will provide guidance to IP counsel to companies in the supply chain to understand the first sale doctrine. The panel will discuss recent case law developments, analyze when and where the doctrine applies, and outline effective approaches to protect IP rights.

Description

Several significant recent decisions impact copyrighted goods and the first sale doctrine and call into question the application of the doctrine. The decisions provide guidance as to when copyrighted material can be resold.

Copyright owners have the right to prevent infringing goods from being imported into the U.S., but lawful purchasers of copyrighted goods have the right to resell those goods. Companies using overseas manufacturers are finding that practice can lead to unexpected results.

The explosion of electronic distribution also raises issues as to the application of the first sale doctrine to digital media. For example, the first sale doctrine does not protect the lending of an ebook as it would a printed copy of the same book.

Listen as our authoritative panel of copyright attorneys examines the first sales doctrine and recent developments in the case law and when and where the doctrine applies and offers best practices for protecting IP rights.

Outline

• First sale doctrine recent developments
  1. Omega v. Costco Wholesale Corp. (U.S. 2010)
  2. Augusto v. UMG (9th Cir. 2011)
  3. Vernor v. Autodesk (9th Cir. 2010)
• Electronic distribution and the First Sale doctrine
• Best practices for protecting IP rights
  1. Policing copyrights and trademarks
  2. Use of disclaimers
  3. Due diligence requirements

Benefits

The panel will review these and other key questions:

• How do recent decisions impact the application of the first sale doctrine?
• When and where does the first sale doctrine apply?
• What steps can companies and counsel take to strengthen the first sale defense?

Following the speaker presentations, you’ll have an opportunity to get answers to your specific questions during the interactive Q&A.

Faculty

Andrew P. Bridges, Partner
Winston & Strawn, San Francisco
He litigates and counsels clients in high-stakes and complex commercial matters relating primarily to trademark, copyright, advertising, consumer protection, unfair competition, trade secrets, media, Internet regulation, and e-commerce law. He was lead counsel in notable intellectual property cases, including the defense of Google in Perfect 10 v. Google and Perfect 10 v. Amazon.com.

Lynn M. Humphreys, Of Counsel
Morrison & Foerster, San Francisco
She focuses her practice on intellectual property counseling and litigation involving trademark, copyright, advertising, unfair competition, and Internet issues. Her practice includes counseling clients from start-ups to large corporations on the selection, protection, registration, enforcement, and acquisition or disposition of trademarks and copyrights in the U.S. and internationally.

David A. Donahue, Partner
Fross Zelnick Lehrman & Zissu, New York
He litigates all manner of copyright, trademark, unfair competition, right of publicity and related commercial matters. He also negotiates and drafts commercial agreements relating to intellectual property matters, including intellectual property licenses, services agreements, and coexistence agreements.

Register Today!
Price covers an unlimited number of staff at your office location. Can’t participate in the live seminar? A CD of the full event proceedings, including Q&A and PDF files of all handouts, will be available 10 days after the seminar.

Continuing Legal Education
Continuing Legal Education credits are granted for an additional $65 per person. Please refer to the options on the order page to take advantage of these credits.

Please note: You will be taken to the
Strafford website to complete your order.