The countdown is on to RegisterRight!: The ABCs of Protecting Your IP @ #SxSW 2018

** Click here to VOTE UP my SXSW 2019 Proposals**

 

sxsw-2018-speaker-image

Tuesday, March 13, 2018 9:30 AM-11:30 AM (Central)

Fairmont Hotel Iris Room, 101 Red River, Austin TX 78701

RSVP or catch the Twitter Live Stream @ #RegisterRight

#RegisterRight

Creating a song, script, app, invention or business is just the beginning of any creative’s journey. Too often that can also be the end of the road. Because when creatives focus solely on the creative process without adequately protecting their intellectual property, they leave their copyright, trademark, and patent rights at risk or forever lost altogether. The rules are complex and confusing. This workshop demystifies “the big three” types intellectual property (copyright, trademark, patent) and lays out the specific steps every creative needs to take to protect their IP rights.

Specifically, this workshop:

  • Offers straightforward, clear, and concise definitions and explanations about IP rights
  • Provides a detailed roadmap through the critical first steps of identifying and registering IP rights
  • Details concrete steps creatives and inventors can take to register a copyright, trademark, and patent
  • Explains how startups can avoid intellectual property disputes and the benefits of timely registration
  • Explains how to create a trademark portfolio that doesn’t break the bank
  • Outlines best practices when enforcing copyright, trademark, and patent rights against infringers
  • Covers copyright transfer termination and how to reclaim your copyright after an assignment or license

Join us for the Twitter Live Stream at #RegisterRight & @IPProfEvans

[SxSW-RegisterRight summary deck]

Have a question? Post it in the comments section!

Professor Evans travels to Bangkok to discuss IP implications of Blockchain

blockchain-image

Part of a lawyer’s professional competence includes technological competence. Therefore, every lawyer should have a basic understanding of the business and legal implications of the blockchain and its varied and various use cases.

To that end, I will present an overview of blockchain technology, cryptocurrency, and smart contracts at the law offices of Tilleke & Gibbins (Bangkok, Thailand) on January 31, 2018 and at the Annual Meeting of Licensing Executives Society (LES)-Thailand on February 1, 2018.  This presentation is intended to introduce attorneys of all practice areas to the essential information every lawyer should know about this emerging, global technology.

Ready? Set? Disrupt!

Blockchain technology is poised to disrupt law and business on a global scale in ways neither rivaled nor contemplated since the advent of the Internet. This talk will include definitions of key terminology, an explanation of the two most prominent use cases within this ecosystem (cryptocurrency and smart contracts), as well as intellectual property issues, current events, and likely blockchain trends in 2018.

Intellectual property issues and profit disparities for viral social media “stars” @ SxSW

thumbnail_ImP x SxSW Facebook cover promo graphics SIMONE

Join me and this extraordinary panel of experts, Michael D. Armstrong (Viacom), Devin Johnson (Uninterrupted), and panel organizer, Simone Bresi-Ando (I’mPOSSIBLE) at SxSW on Tuesday March 14th at 11 AM: Gentrifying Genius: Urban Creators Stripped Bare.

The panel will explore themes around The Fader’s article: “Black Teens Are Breaking The Internet And Seeing None Of The Profits” in a solutions-focused manner that will not only discuss the ecosystem that maintains the inequalities but also ways to protect and monetize their creative genius on social media.

Simone Bresi-Ando of I’mPOSSIBLE explains:

Black and brown youth are missing out on fruitful and ultimately life changing opportunities and rewards from their intellectual property which remains wildly popular but unpaid and uncredited.

Intellectual Property and Social Media

thumbnail_ImP x SxSW 2017 panelist promo INSTAGRAM graphic PROF TONYA EVANSI will adjust the frame of reference by explaining what intellectual property is, how rights are created, what rights creators control and what they give up when they opt-in to social media platforms, and how creators of color, in particular, can better navigate disparities in what I call the “post-to-profit” pipeline.

This disparity, of course, is not new. Similar misappropriation pervades America’s history with creators of color. In the cinematic suspense phenomenon Get Out, Jordan Peele goes a step further beyond cultural appropriation to examine the ultimate misappropriation of black bodies themselves, genius and all.

This will be a rich, engaging, dynamic conversation. Hope to see you there!

Shirley Caesar goes from viral Internet sensation to You Name It, LLC trademark applicant

shirley_caesar_tmapp

Perhaps it’s surprising that Pastor Shirley Caesar never registered her name as a source-indicating mark before now. Thankfully, trademark rights attach even to unregistered marks [NOLO.com] used in connection with sale of goods or, in her case, entertainment services as a world-renowned gospel recording artist.

And now after the “U Name It” Challenge [BET.com w/ sound] became a thing and gave new meaning to the phrase “going viral” recently, Caesar and her legal team realized that securing trademark rights in her name is as important as protecting her copyright interests.

About the “You Name It” Viral Clip

The video clip making viral rounds on social media is an excerpt from a live performance of “Hold My Mule.” The legendary gospel sermon has been edited to revolve around Caesar’s chant, “beans, greens, potatoes, tomatoes,” in response to the question, “Grandma, what are you cooking for Thanksgiving?” – BET.com

Prof. Evans to moderate NBA IP Law Review CLE webinar Wed 6/8

I invite you to register for Wednesday’s webinar, hosted by the NBA IP Law Section. Registration is free for all IP Section members, and $30 for non-members.

IP Law Review – A Survey of Recent Developments in Patent, Trademark, and Trade Secret Law.

Date: Wednesday, June 8, 2016

Time: 1:00pm to 2:30pm EDT

Follow live tweet at #NBAIPLaw

Presenters:

  • Tonya Evans (Widener University Commonwealth Law School) – Moderator
  • Darrell Mottley (Banner Witcoff)
  • Shontavia Johnson (Drake University Law School)
  • Kevin Jordan (JP Morgan Chase)

Summary – Our panelists will discuss a variety of hot topics and recent developments in patent, trademark, and trade secret law, including:

  • The internet of things as an emerging technology/industry, and related IP and regulatory issues
  • Intersection between the First Amendment and Section 2(a) of the Lanham Act regarding registration of immoral, scandalous, or disparaging trademarks, including the impact of trademark cases
  • Overview of trade secret law and its viability as an alternative means of IP protection

CLE Info: The NBA IP Law Section is looking into obtaining CLE accreditation in the following jurisdictions: CA, GA, IL, NY, TX, and VA. For questions regarding CLE accreditation, please contact Bill Barrow (wbarrow[at]mayerbrown.com).

Cost: This webinar is free for NBA IP Law Section members and costs $30 (plus processing fees) for non-members.

Register at:  https://www.eventbrite.com/e/nba-ip-law-section-intellectual-property-law-review-registration-25483682380

Evans joins world class panelists at Ent, Arts & Sports Symposium in DC 9/18-19

On September 18-19, 2015 Howard University School of Law is hosting a national conference focusing on entertainment, arts, and sports law. It will be held at the Marriott Marquis in Washington, DC. The conference agenda is below. Online registration is available here:  http://newglobaleas.com.

The gala dinner and awards ceremony honoring Professor Spencer Boyer is on Friday night. The tickets for that event are available here: http://www.law.howard.edu/1952.

Conference Agenda  Continue reading “Evans joins world class panelists at Ent, Arts & Sports Symposium in DC 9/18-19”

Real Housewives of NY “Pop of Color” Trademark Kerfuffle: Not so fast Kristin, Bethenny’s right. Sort of.

The IP-meets-reality world according to Professor Evans:

So if you’ve ever wondered what intellectual property law professors do after the semester ends and grades are submitted (except for recuperate from hip surgery), this post may clear it up.

We sleep, travel, surf the Interweb, research and write law review articles, blog, review lesson plans and, of course, catch up on guilty pleasure t.v. (one more day until Orange is the New Black!!!!! … but I digress).

Sometimes if we’re lucky, those to-dos (such as they are) converge into a perfect storm. At least that’s what just happened to me.

Case in point. This afternoon, I was flipping through cable news channels and overwhelmed with the horror that is the escaped murderer debacle in New York. I needed something less intense, less serious, less scary, less … real. So I clicked on over to Bravo to catch the “reality” du jour. I landed on one of my fave Real Housewives franchises (yeah, I said it): Real Housewives of New York.

Oh the “Pop of Crazy” RHONY trademark episode. So much went on … where do I begin. Catch the recap here from RealityTea.com.

The main point of this post is to address Skinny Girl® Bethenny Frankel‘s challenge of Kristin Taekman’s statement that she “owns” the trademark to Pop of Color™ for a nail polish line.

To be fair to Kristin, she certainly has filed. But ultimate registration cannot issue until she demonstrates actual use. So, to be fair to Bethenny, Kristin doesn’t own the federal trademark registration. Yet. She remains a work (and trademark registration) in progress.  Continue reading “Real Housewives of NY “Pop of Color” Trademark Kerfuffle: Not so fast Kristin, Bethenny’s right. Sort of.”