Welcome
The Intellectual Property Law Section of the New York State Bar
Association introduces members of our Association to the interesting and
growing areas of law which make up Intellectual Property Law, including
patents, trademarks, copyrights, trade secrets, licensing and Internet
intellectual property law issues. We provide educational programs, other
activities and invite the participation of attorneys, law students and
non-lawyer members of the business community. We invite our members to
take advantage of substantive legal research through our Law Watch
search results, to discuss issues and ideas in our discussion groups,
and to participate fully in the e-community of the site.
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The Intellectual Property Law Section of the
New York State Bar Association presents:
"Women in Intellectual Property Law”
Wednesday, June 3, 2009
5:00 P.M. to 9:00 P.M.
at
Thomson Reuters
3 Times Square, New York, NY
Gather with the women of the Intellectual Property Law
Section for an evening of networking and the opportunity to meet some of
the leading women practitioners in the field on Wednesday, June 3, 2009
from 5 pm to 9 pm at Thomson Reuters, 3 Times Square, New York
City. The program is presented by the NYSBA Intellectual Property
Law Section and co-sponsored by Thomson CompuMark and Thomson
Reuters.
Join Carolyn Blankenship, Vice
President, Associate General Counsel, Intellectual Property, Thomson
Reuters, New York, NY; Rebecca Borden, Vice President,
Associate General Counsel, CBS, New York, NY; Michelle V.
Francis, The Francis Company, Principal, New York, NY;
Radha Murphy, Chief Patent Counsel, Global Meals and
Drinks Nestle' Floral Park, NJ; and Jolly Johanna
Northrop, Assistant Vice President & Associate Counsel,
L'Oreal USA, as they discuss such topics as Strategies for Success, How
the IP Field has Changed, Developing a Client Base, Mentoring
Relationships, Equality in Compensation and Achieving a Balance between
Home and Work.
The evening begins with wine and hors d'oeuvres at 5 pm
followed by the MCLE program from 6 to 8 pm. Coffee and dessert
will be served immediately after the program, courtesy of Thomson
CompuMark. Gift Drawings will take place during the dessert
reception.
Registration in advance by fax for this program is highly recommended as
seating is limited and this program traditionally sells out
quickly. Attendees must bring a photo ID to the meeting.
Program Brochure
Program Registration Form
Program Chair and NYSBA Intellectual
Property Law Section Chair: Joyce L.
Creidy
Register Now!
$35 NYSBA IP Section Members / $55 Others
This program has been approved for 2.0 MCLE Credits in Skills for both
Newly Admitted and Experienced Attorneys.
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Comments
of NYSBA Intellectual Property Law Section to
TTAB Proposed Rules (PDF),
71 Fed. Reg. 10, p. 2498 (January 17, 2006)
This letter was submitted by NYSBA's Intellectual
Property Law Section, on behalf of its Trademark Law Committee and the
Section's Executive Committee, in response to the proposed rules of the
U.S. Patent and Trademark Office published at 71 Fed. Reg. 10, p. 2498
(January 17, 2006) affecting the practice before the Trademark Trial and
Appeal Board.
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Recent IP Cases In the News
Second Circuit Holds No "Use" in 1-800 Contacts v.
WhenU CA2
Analysis by Martin H. Samson
Reversing the court below, the Second Circuit dismisses trademark
infringement claims brought by a website operator and mark holder
against a distributor of pop-up ads. Such claims
fail because "as a matter of law, [defendant] WhenU does not 'use'
[plaintiff] 1-800's trademarks within the meaning of the Lanham Act, 15
U.S.C. § 1127 when it (1) includes 1-800's website address in an
unpublished directory of terms that trigger delivery of WhenU's
contextually relevant advertising to [computer] users; or (2) causes
separate, branded pop-up ads to appear on a [computer] user's computer
screen either above, below, or along the bottom edge of the 1-800
website window."
The absence of such a use by WhenU of plaintiff's
trademarks is fatal to 1-800 Contacts' trademark infringement claims,
and mandates reversal of the District Court's grant of preliminary
injunctive relief. The District Court had enjoined WhenU from
including the domain name of plaintiff's website in its unpublished
directory, or causing pop-up ads to be displayed when that domain name
is entered into the URL bar of a web browser, or as a search
term.
In reaching this result, the Second Circuit agreed
with the decisions of two other district courts - the Eastern District
of Virginia in U-Haul Inc. v. WhenU.com Inc., 279 F. Supp. 2d 723
(E.D.Va. 2003) and the Eastern District of Michigan in Wells Fargo &
Co., et al. v. WhenU.com Inc., 293 F.Supp.2d 734 (E.D.Mich. 2003) - each
of which similarly held that WhenU's activities did not infringe the
respective plaintiffs' trademarks because they did not constitute the
requisite use of the plaintiffs' respective marks.
Thank You!
The Intellectual Property Law Section extends
its gratitude to the following for their significant sponsorship over
the past year:
• Arent Fox LLP
• Bond, Schoeneck & King, PLLC
• Day Pitney LLP
• DeVore & DeMarco LLP
• Dimock Stratton LLP
• Fulbright & Jaworski LLP
• Fross Zelnick Lehrman & Zissu, P.C.
• Goodwin Procter LLP
• Hiscock & Barclay LLP
• Holland & Knight LLP
• Jaeckle Fleischmann & Mugel, LLP
• Kramer Levin Naftalis & Frankel LLP
• Loeb & Loeb LLP
• Morrison & Foerster LLP
• Moses & Singer LLP
• Ogilvy Renault LLP
• O'Melveny & Myers LLP
• Ostrolenk, Faber, Gerb & Soffen LLP
• Sills Cummis & Gross, P.C.
• Weil, Gotshal & Manges LLP
• ASPCA
• Avon Products Incorporated
• Check Mark Network
• Corporation Service Company
• DOUGH • RAY • ME
• FTI®
• L'Oreal USA
• MarkMonitor
• MICROSOFT CORPORATION
• NORR STIEFENHOFER LUTZ
• Penguin Group
• Rouse & Co. International
• Thomson CompuMark/Thomson Reuters
• 7 for All Mankind Jeans
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