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Your vote can make me a South by Southwest presenter. Vote & share today!

August 8, 2017 Leave a comment

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You have the power to get my South by Southwest® (SXSW®) panel proposals approved for SxSW 2018. Click on each link below to vote and be sure to share with your networks and friends so they can do the same.

After you click on the link, use the left navigation panel to vote UP (yes!!). Leave a brief comment to make an even greater impact. Yes you can vote for ALL of these sessions.

The SXSW® Conference & Festivals celebrate the convergence of the interactive, film, and music industries. Fostering creative and professional growth alike, SXSW® is the premier destination for discovery.

Use the quick links or see the full session descriptions below. Thank you in advance for your support! ~ @IPProfEvans

|RegisterRight!|Leaving Your Legacy|From Posts to Profits|
|Women in Sports|IP for App Developers|

RegisterRight!

The ABCs of Protecting Your IP

[Vote for RegisterRight! session]

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 panel explains the specific steps every creative needs to take to protect their IP rights.

Additional presenters:

 

Leaving Your Legacy

Estate Planning for Creatives

[Vote for Leaving Your Legacy session]

Death isn’t the end of the road for copyright. The term of copyright endures, in most cases, for 70 years after the creator’s death. Creatives must understand probate and trust laws to adequately protect and maximize the value of their creative works after death. This includes understanding the transfer termination right that allows creators to reclaim control of transferred rights and the role of IP fiduciaries. This workshop answers these and related estate planning questions affecting artists

Additional presenter:

  • Shontavia Johnson, Kern Family Chair in Intellectual Property Law, Director of the Intellectual Property Law Center, Professor of Law, Drake University Law School

From Posts to Profits

Leveraging Your Brand

[Vote for From Posts to Profits session]

Developing and sharing content online has become a necessary way for content creators to communicate with their audiences and grow their brands. From posts and photos to videos, creators are oftentimes giving away content for free on social media and blogs. This session will explain how creators can monetize and leverage their content to grow not only an audience, but a lucrative career. It will also explain why content creators must protect their intellectual property in the process.

Additional presenters:

Women in Sports

Money, Power, Respect?

[Vote for Women in Sports session]

Venus. Serena. Famous, accomplished sports figures who represent the strides female athletes have made in recent decades. Still they endure criticism regarding the quality of women’s sports, media coverage of female athletics, pay equity, and femininity in sports. Sadly, they are not exceptional. Women today struggle to earn money, power, and respect across the sports world, from playing fields to boardrooms. This panel explores these persistent challenges and offers creative solutions.

Additional presenters:

Intellectual Property for App Developers

[Vote for IP for App Developers session]

This panel will discuss app development and intellectual property law. The panelists are experts in patent, copyright, and trademark law. Attendees will learn how to identify intellectual property issues that arise in app development. The panelists will share best practices for avoiding intellectual property disputes. Also, attendees will learn how to take initial steps to protect their intellectual property.

Additional presenters:

 

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

June 6, 2016 Leave a comment

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

USPTO to issue trademark renewal reminders in 2015 … FINALLY!

November 1, 2014 Leave a comment

Source: USPTO.gov

reminderIn late January 2015, the United States Patent and Trademark Office (“USPTO”) plans to begin sending courtesy email reminders of upcoming post-registration maintenance filing deadlines for §8 and §71 declarations and §9 renewals to registration owners who have (1) “live” registrations on the date of sending; (2) provided a valid email address to the USPTO; and (3) authorized email communication.  No reminders will be sent by regular mail, and no follow-up emails will be attempted for undeliverable emails.

Click here to learn more about USPTO renewal reminder eligibility requirements, information actually communicated and to ensure the proper party receives the reminder (or opts out).

Prof. Evans explores ‘Redskins’ trademark cancellation on the Matt McGill Morning Show WVON 1960AM

June 19, 2014 Leave a comment

On Wednesday, June 18th, the Trademark Trial & Appeal Board (TTAB), an administrative arm of the United States Patent and Trademark Office (USPTO), ruled the NFL Washington “Redskins” trademark should be canceled on the grounds that it is disparaging to Native Americans. 

If you’re an early bird, tune into The Matt McGill Morning Show onWVON 1690AM “The Talk of Chicago” (wvon.com) Thursday June 19th at 8:05 AM ET/7:05 AM CT to hear me analyze what the cancellation ruling says and, more importantly, what it means. If you’re not in Chicago or able to tune in via the radio, listen live at

(http://www.wvon.com/

About the Matt McGill “The Talk of Chicago” Morning Show

Matt McGill is one the country’s premier morning-drive personalities. As a host on one of the nation’s only Urban Talk radio stations, McGill’s morning show is the only locally produced program which targets affluent African-American adults in what is the largest market in the country. McGill offers substantive conversation mixed with his own brand of observational humor, making him a favorite amongst Chicago’s movers and shakers; business and community leader; as well as politicians.

USPTO rejects “REDSKINS” trademark app for a snackfood as offensive. What does that mean for the team?

February 6, 2014 Leave a comment

Government Shutdown Affects IP Profs, Attys too … Copyright.gov down!

October 1, 2013 Leave a comment

October 1, 2013

Creative Commons License
Government Shutdown Affects IP Profs, Attys too … Copyright.gov down! by Tonya M. Evans is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 3.0 United States License.

As I prepared for my Copyright & Trademark class this morning, I needed to pull the text of one of the sections of the Copyright Act. So I surfed on over to Copyright.gov to access the full text of the Act when I bumped into an odd-looking notice page.

Without really looking at the text, I figured my browser had auto-completed the last URL I’d visited at the site so I typed in copyright.gov myself and hit send. The odd-looking notice page appeared again and there it was … an official notice that due to the government shutdown the Copyright Office is closed:

Copyright.gov special notice due to gov't shutdownSo it seems the government shutdown is INDEED having intended and unintended consequences as thousands of federal employees are furloughed, or receiving government IOUs because the government cannot pay. The strategy to defund the federal government in order to participate in the kabuki theater of purporting to defund the Patient Protection and the Affordable Care Act (Affordable Care Act or ACA) a/k/a Obamacare seems not only inane (and insane) but just plain inhumane.

[ObamaCare Exchanges start up just as government shuts down]

Dozens of offices are closed, including the Copyright Office. So the impact is real. Mail will be delivered. Social Security and Medicare benefits will continue to flow (although there will likely be delays). But WIC food benefits, federal courts, NIH, food safety, Head Start, federal loan processing, veterans services and work safety (to name just a few areas) are all immediately and negatively impacted (either by delays or closures). Even our military and military families are taking a hit. And because taxes and fines will go uncollected, valuable and much-needed revenue will take a hit as well.

Despite the Copyright Office closure, the United States Patent & Trademark Office remains open … at least for several weeks! It’s hardly a silver lining but not all agencies are impacted in the same way.

The USPTO notice reads as follows:

During the general government shutdown that began October 1, 2013, the United States Patent and Trademark Office will remain open, using prior year reserve fee collections to operate as usual for approximately four weeks. We continue to assess our fee collections compared to our operating requirements to determine how long we will be able to operate in this capacity during a general government shutdown. We will provide an update as more definitive information becomes available.

Should we exhaust these reserve funds before the general government shutdown comes to an end, USPTO would shut down at that time, although a very small staff would continue to work to accept new applications and maintain IT infrastructure, among other functions. (Should it become necessary for USPTO to shut down, details of the agency’s plan for an orderly shutdown are available on page 78 of the United States Department of Commerce’s shutdown plan, available here.)

It was avoidable. Read more…

“Kaepernicking” is San Fran 49er QB’s signature move. But is it a trademark?

January 29, 2013 Leave a comment

On January 14, 2013, attorneys for San Fransisco 49ers quarterback Colin Kaepernick filed 5 intent-to-use applications to trademark various iterations of the star QB’s name as well as an in-use application for the word mark “KAEPERNICKING”, his bicep-kissing act that has taken on a life of its own during the team’s post-season journey to Superbowl XLVII:

Serial Number Reg. Number Word Mark Check Status Live/Dead
1 85822730 KAEPERNICK7 TSDR LIVE
2 85822727 KAP TSDR LIVE
3 85822721 KAP7 TSDR LIVE
4 85822715 KAEPERNICK CK7 TSDR LIVE
5 85822707 COLIN KAEPERNICK TSDR LIVE

[public record information from: USPTO.gov]

Word Mark KAEPERNICKING
Goods and Services IC 025. US 022 039. G & S: Clothing, namely shirts. FIRST USE: 20121231. FIRST USE IN COMMERCE: 20121231
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 85822700
Filing Date January 14, 2013
Current Basis 1A
Original Filing Basis 1A
Owner (APPLICANT) Kaepernick, Colin INDIVIDUAL UNITED STATES P.O. Box 1725 Madison WISCONSIN 537011725
Attorney of Record Bruce H. Bernstein
Type of Mark TRADEMARK
Register PRINCIPAL
Live/Dead Indicator LIVE

Just What Is a Trademark, You Ask?

A trademark protects a word, phrase, symbol, or device – the mark – used in commerce to identify and distinguish one product from another. Interestingly, even color (Tiffany blue box), scent (Plumeria) and sound (NBC chimes or MGM lion’s roar) can function as a trademark.

Each state has its own state laws to protect commerce within the state. And the Lanham Act provides protection across the country. Unregistered marks are also protected under state and federal case law. [More about trademarks and other types of intellectual property]

ESPN.com reports the story as follows:

Colin Kaepernick has become a brand worth protecting.

At least he thinks so.

The San Francisco 49ers quarterback has filed for the trademark “Kaepernicking,” his bicep-kissing act that has swept the West Coast during the team’s postseason run.

The U.S. Patent and Trademark Office website shows the registration was filed on Jan. 14, and Kaepernick intends to use it on clothing, specifically T-shirts.

Read the full article “Colin Kaepernick Files To Trademark “Kaepernicking” at ESPN.com

[ESPN video: Colin Kaepernick Files To Trademark “Kaepernicking”]

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