Intellectual Property Home

  • Intellectual Property Law Section Home 3
    Welcome to the Intellectual Property Law Section
  • 2015 IP Due Diligence Slider
    IP Due Diligence in Corporate Transactions Online Video CLE (IP Section program recorded November 2015) - Special price for IP Section members! (click image for details)
  • Events
    • Intellectual Property Law Section Annual Meeting: Tues., January 24


      Tuesday, January 24, 2017 8:45 AM
      8:45 AM - 5:30 PM
      MCLE Credits TBA

      Register Here or Download The Registration Form Here.

      Total Credits: 7.5; 6.5 in Professional Practice and 1.0 in Ethics for experienced attorneys only.

      MCLE Program
      8:45 am to 5:15 pm | Mercury Ballroom, 3rd Floor

      12:35 pm to 2:00 pm | Regent, 2nd Floor

      5:30 pm to 7:00 pm | Mercury Rotunda, 3rd Floor

      Erica D. Klein, Esq., Kramer Levin Naftalis & Frankel LLP, New York City

      William R. Samuels, Esq., W.R. Samuels Law PLLC, New York City

      8:45 am
      Registration and Continental Breakfast
      Sponsored by Locke Lord LLP

      8:55 - 9:00 am
      Welcoming Remarks
      Erica D. Klein, Esq., Kramer Levin Naftalis & Frankel LLP, New York City, Section Chair

      9:00 – 9:50 am
      Ad or Fad? Social Media, Influencers, the Federal Trade Commission and the Lanham Act
      Social media has burst on to the scene as a powerful, influential and important source of communication, media, entertainment and networking. It is used by a company’s employees for personal reasons, by companies themselves in connection with their own promotional activities and by the public to interact with, or comment upon, a brand. This session will cover current hot topics in social media and active advertising including the role of the Lanham Act, the FTC’s Guides Concerning the Use of Endorsements and Testimonials (Guides) and their impact on the use of social media, the terms and policies of the various social media providers, online liability for user-generated content, internal and external company policies, privacy, online liability, content control, as well as the use of third party copyrights, trademarks and individual's rights of publicity.

      Joseph Lewczak, Esq., Davis & Gilbert, New York City
      Adrienne Montes, Esq., Gabay-Rafiy & Bowler, New York City

      9:50 – 10:40 am
      Data Privacy and M&A Primer: Best Practices from the Frontline
      As data privacy issues increasingly make the front page, buyers should pay heightened attention to personally identifiable information and related risks.  Privacy laws, however, are only the start of the web of potential risk whether reputational, financial or injunctive.  This panel will discuss some of these pitfall and ways to minimize these risks.

      Daniel F. Forester, Esq., Cleary Gottlieb Steen & Hamilton LLP, New York City
      Daniel Ilan, Esq., Cleary Gottlieb Steen & Hamilton LLP, New York City
      Douglas B. Bloom, Esq., PricewaterhouseCoopers LLP, New York City
      Max E. Iori, Esq., JPMorgan Chase Bank, N.A., New York City
      Duncan Campbell, Esq., Barclays Capital, New York City
      Akiva Miller, Esq., Kaltura, Inc., New York City

      10:40 – 10:55 am | Coffee Break
      Sponsored by Barclay Damon LLP

      10:55 – 11:45 am
      At the Crossroads: Protecting Designs
      In our world of ever-developing technology, it’s not only what a product does, but often how it looks that differentiates it in the marketplace.  While traditional IP laws might align to protect a product’s innovations, protecting its design often presents challenges.  Although design can define lifestyle, distinguishing the line between form and function is not always clear.  This panel will focus on methods and strategies for protecting designs, and efforts to carve out an identity in a marketplace filled with competition.

      Erica D. Klein, Esq., Kramer Levin Naftalis & Frankel LLP, New York City 
      Barbara Kolsun, Esq., Co-Director, Fashion, Arts, Media & Entertainment (FAME) Law Center at Benjamin N. Cardozo School of Law, New York City and Co-Editor, Fashion Law – A Guide for Designers, Fashion Executives and Attorneys, Former General Counsel of Kate SpadeStuart Weitzman and Seven for All Mankind
      Charles L. Mauro, CHFP, President/Founder, Mauro Usability Science & UX Optimization, New York City
      David H. Faux, Esq., Law Office of David H. Faux, P.C., New York City 

      11:45 am – 12:35 pm
      Ethical Considerations in Intellectual Property Litigation
      An overview and evaluation of ethical issues and challenges in intellectual property litigation, including recent developments.

      Philip Furgang, Esq., Furgang & Adwar, LLP, West Nyack
      Prof. David Hricik, Mercer University School of Law, Macon, GA 

      12:35 – 1:55 pm | Lunch, Regent, 2nd Floor  (additional fees apply)

      2:00 – 2:50 pm
      Patent Act Damages in light of Samsung v. Apple: Understanding Article of Manufacture, Profit Apportionment and Consumer Survey
      The Supreme Court recently heard oral arguments in Samsung Electronics Co. v. Apple, Inc. case regarding Section 289 of the Patent Act, which entitles the holder of a design patent to claim the total profit of a multi-component product without a showing that the patented design was responsible for all the profits. This panel will address the current law as written in the Patent Act and interpretation of “article of manufacture” and the use of surveys in patents case, how they work, their role in assessing patent value, and possible limitations of their use.

      Dr. Jeffery Stec, Charles River Associates, Chicago, IL
      Candice C. Decaire, Esq., Kilpatrick Townsend & Stockton LLP, Atlanta, GA

      2:50 – 3:40 pm
      Shifting of Fees and Expenses, and the Taxation of Costs in IP Cases With Emphasis on Judicial Review of PTO Rulings
      Analysis and discussion of circumstances, issues, and concerns relating to court-awarded attorney fees, expenses, and costs in intellectual property cases in light of the American Rule vs. the English Rule, with some emphasis on considerations and implications of Shammas v. Focarino (4th Circuit) and NantKwest, Inc. v. Lee (Fed. Circuit) involving the judicial review of adverse PTO decisions in trademark registration applications and patent applications, respectively. 

      Charles E. Miller, Esq., Ph.D., Eaton & Van Winkle LLP, New York City

      3:40 – 3:55 am | Coffee Break
      Sponsored by Kilpatrick Townsend & Stockton LLP

      3:55 – 5:10 pm 
      Intellectual Property Year in Review
      An overview, evaluation, and discussion of interesting IP developments from 2016 (including IP cases from the Court’s 2016 term) and a preview of cases docketed for the upcoming term.

      Magdalena Berger, Esq., Curi Platz LLP, New York City
      Robert L. Raskopf, Esq., Quinn Emanuel Urquhart & Sullivan, LLP, New York City
      Sapna Palla, Esq., Wiggin and Dana LLP, New York City 
      Jane Chuang, Esq., Lee Anav Chung White Kim Ruger & Richter LLP, New York City

      5:10 pm  | Closing Remarks

      5:30 pm  | Cocktail Reception, Mercury Rotunda, 3rd Floor
      Sponsored by CompuMark/Clarivate Analytics
      All Meeting Attendees are Invited



      Under New York’s MCLE rule, this program has been approved for a total of 7.5 credit hours (6.5 in Professional Practice and 1.0 in Ethics) for experienced attorneys only. This program will NOT qualify for credit for newly-admitted attorneys because it is not a basic practical skills program. 

      Discounts and Scholarships: New York State Bar Association members and non-members may apply for a discount or scholarship to attend this program, based on financial hardship. This discount applies to the educational portion of the program only. Under this policy, any member of our Association or non-member who has a genuine basis for their hardship, if approved, can receive a discount or scholarship, depending on the circumstances. Request for discounts or scholarships must be received prior to January 13, 2017. For more details, please contact Catheryn Teeter in writing at New York State Bar Association, One Elk Street, Albany, New York 12207 or

      Accommodations for Persons with Disabilities:  NYSBA welcomes participation by individuals with disabilities. NYSBA is committed to complying with all applicable laws that prohibit discrimination against individuals on the basis of disability in the full and equal enjoyment of its goods, services, programs, activities, facilities, privileges, advantages, or accommodations. To request auxiliary aids or services or if you have any questions regarding accessibility, please contact Catheryn Teeter at 518-487-5573. 

      For overnight room accommodations, please call the New York Hilton Midtown at 1-800-445-8667 and identify yourself as a member of the New York State Bar Association. Room rates are $260.00 per night plus taxes for single and double occupancy.  Reservations must be made by Wednesday, January  4, 2017. You also can reserve your overnight room on the web at

      For questions about this specific program, please contact Catheryn Teeter at 518-487-5573. For registration questions only, please call the Member Resource Center at 800-582-2452. Fax registration form to 518-463-5993.

    • Intellectual Property Law Section Annual Meeting Lunch: Tues., January 24


      Tuesday, January 24, 2017 12:35 PM
      12:35 PM - 2:00 PM

      Register Here or Download The Registration Form Here.
      Join us for Lunch in between the Morning and Afternoon MCLE Sessions!

    • Intellectual Property Law Section Annual Meeting Reception: Tues., January 24


      Tuesday, January 24, 2017 5:30 PM
      5:30 PM - 7:00 PM

      Register Here or Download The Registration Form Here.

      Intellectual Property Annual Meeting attendees are invited to attend this Complimentary Reception following the MCLE program.  

      Join us in the 3rd floor, Mercury Rotunda to network with your fellow IP attorneys!

      Reception Sponsored by CompuMark/Clarivate Analytics

    • Recorded Section Program: IP Due Diligence in Corporate Transactions

      IP Due Diligence in Corporate Transactions 

      Recording now available!

      Total Credits: 6.5 (Professional Practice 2.0, Skills 3.0, Ethics 1.5) 

      IP Due Diligence in Corporate Transactions, presented by the Intellectual Property Law Section, was held November 10, 2015.

      Topics include:

      • Considering the deal
      • Asset review
      • Licenses
      • Drafting representations and warranties, indemnification obligations
      • Preparation of IP schedules, assignment and other IP-related documents
      • Ethical considerations

      NYSBA Member price: $215 | Non-Member Price: $325
      Intellectual Property Law Section Member Price: $125
      Not a member of the Intellectual Property Law Section? Dues are only $30 per year with NYSBA membership. Join today to save on this program! (Join online or call the Member Resource Center at 800-582-2452, M-F, 8am-5pm)


      (recorded November 10, 2015)

    • 28th Annual North American Entertainment, Sports and IP Law Summit -- November 9-13

      28th Annual North American Entertainment, Sports and IP Law Summit

      November 9-13, 2016 | Riviera Maya, Mexico
      Presented by the ABA Forum on the Entertainment & Sports Industries
      co-sponsored by the NYSBA Intellectual Property Law Section 

      This year, our Section has joined with the NYSBA's and the Florida Bar's Entertainment, Arts, and Sports Law (EASL) Sections as program co-sponsors of the highly successful Annual North American Entertainment Sports & IP Law Summit (the "ESIP").  It will be held November 9-13, in Riviera Maya, Mexico, at the Secrets Resort & Spa. 

      View Program Brochure (PDF)

      Registration (through ABA)

      Call for Speakers: If you would like to speak at The Law Summit, please contact the program chairs:
      Darryl Cohen at
      Scott Keniley at

      To book or to obtain additional information, contact Jane at or by phone at 404.974-4893 to book or go online at

  • About

    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.

    Erica Klein

    Meet the Chair
    Erica D. Klein, Esq.

    Executive Committee Roster | IP Section Bylaws

    View 2014-2015 Annual Report >

    IP SEction Photo Galleries

    Women in IP 2012  Women in IP 2013 2014 IP Section Annual Meeting

    2015 Fall IP Due Diligence Program Photos >

    Women in Intellectual Property Law Photos > 20152014 | 2013 |  2012
    Read more about the 2015 Women in IP program 

    2014 Annual Meeting Photos >

    2013 Fall Meeting Photos >

    20th Anniversary Photos >


    The Intellectual Property Law Section extends its gratitude to the following for their significant sponsorship over the past year:

    Brooks Brothers
    Cahn Litigation Services
    Davis & Gilbert LLP
    Edwards Wildman Palmer LLP
    Fross Zelnick Lehrman & Zissu, P.C.
    FTI Consulting
    Hiscock & Barclay LLP
    Kilpatrick Townsend
    Stout Risius Ross

    Micro Strategies
    NYLS Institute for Information Law and Policy
    Park IP Translations
    Physique 57
    Pryor Cashman LLP
    Reckitt Benckiser
    Sheppard Mullin Richter & Hampton LLP
    Thomson Reuters/Thomson CompuMark
    Tory Burch

  • Bright Ideas

    Bright Ideas

    The Intellectual Property Law Section Newsletter (Bright Ideas) features peer-written, substantive articles about current issues in intellectual property law, including social media, patents, copyrights and trademarks. Also included are recent cases and updates on Section programs and events. Bright Ideas is published three times per year by the Intellectual Property Law Section and distributed to Section Members free of charge.

    Read Now >

  • Coming Soon!

    Intellectual Property Law Section Community - Coming Soon!

    We are pleased to announce that the Intellectual Property Law Section will soon offer a private online professional community—for IP Law Section members only.

    NYSBA Communities offer a wide variety of options, ranging from traditional listserves to searchable directories, collaborative workspaces, member profiles and even mentoring tools.

    Stay tuned for details about the Intellectual Property Law Section Community!

    Learn MoreVisit NYSBA Communities