Professor Evans will present her latest work-in-progress, Safer Harbor from Statutory Damages for Mea Culpa Infringers: Remixing the DOC White Paper, at the 2016 Tenth Annual Lutie Lytle Black Women Law Faculty Writing Workshop.
The paper, slated for fall placement, titled “Safer Harbor” from Statutory Damages for Mea Culpa Infringers: Remixing the DOC White Paper, is a follow up to her article, Safe Harbor for Innocent Infringers in the 21st Century. The former article argued that under certain circumstances, “innocent” users should be protected from liability in the same way that Internet Service Providers are protected under the Digital Millennium Copyright Act’s safe harbor provisions. In Safer Harbor, Professor Evans approaches the same topic from the damages-instead of the liability-phase.
In Safer Harbor, Professor Evans offers a legislative fix to the statutory damages section that would inject greater balance, fairness and uniformity into the damages assessment.
The Department of Commerce‘s Internet Policy Task Force recently released its much-anticipated report on statutory damages, remixes, and the first sale doctrine. The report, titled White Paper on Remixes, First Sale, and Statutory Damages: Copyright Policy, Creativity, and Innovation in the Digital Economy (The IPTF Report), recommended numerous important and long overdue changes to the Copyright Act.
In light the IPTF Report, Professor Evans analyzes and incorporates the Report’s findings and recommendations against the backdrop of her own recommended fixes to copyright law.
About the Lutie Lytle Conference
The Lutie A. Lytle Black Women Law Faculty Writing Workshop (the “Lytle Workshop”) is an annual gathering of current and aspiring black women law faculty. While the primary focus is on legal scholarship, this event is important for networking, bonding, and getting refreshed. Read more about the History of the Program. Since the Workshop began, its participants have published more than 29 books, 44 book chapters, and 500 articles (bibliography of works authored by workshop attendees as of 2016).
The 2016 gathering, which will be the historic and commemorative 10thAnnual Workshop, will be hosted by the University of Iowa College of Law on July 7-10, 2016, in Iowa City. A writing retreat will take place before and after the main Workshop on July 6-7 and 10-12, 2016. [More information …]
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
Follow live tweet at #NBAIPLaw
- 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.
I am honored and excited to welcome my dear friend Reneé Brown to Widener Law Commonwealth to deliver the final Black Law Students Association Fireside Chat where students connect with high level executives in professional sports.
Reneé and I met some years ago at a Black Women in Sport Foundation banquet. She was being honored and I, known then as “Lawyer by Day, Poet by Night”, performed my signature piece, Find Your Own Shine.
Reneé, a huge admirer of spoken word and of tennis (which is great for a former pro tennis player like me, of course), loved the performance and we hit it off immediately. The rest, as they say, is history!
Reneé is extremely accomplished, authentic, generous, tough, funny, warm and kind. My students are extremely fortunate that Reneé is giving of her time to participate in this informal yet engaging presentation and chat.
Congratulations to BLSA for a stellar fireside chat lineup this year.
About Reneé M. Brown
Reneé Brown, WNBA Chief of Basketball Operations and Player Relations, oversees all player scouting and acquisition for the league, as well as the administration of player-related policies and programs. In addition, she is responsible for overseeing the policies for all on-court basketball operations.
Prior to being promoted to her current position, Brown served as WNBA Vice President and Senior Director. She joined the WNBA in September 1996 as Director of Player Personnel.
Brown also plays an integral role in USA Basketball, currently serving on both the Steering and Selection Committees. She has chaired the USA Basketball Women’s Senior National Team Selection Committee and served on the Executive Committee for USA Basketball for three consecutive quadrants, from 2000 to 2012. The U.S. Women’s Senior National Team won Olympic gold medals at the conclusion of each of Brown’s tenures, in 2004, 2008 and 2012. She also served as Vice President for the Senior Women’s Programs from 2000 to 2004.
During the 1995-96 season, Brown served as an assistant coach to Tara VanDerveer for the gold medal-winning USA Basketball Women’s National Team in Colorado Springs, where she helped with game preparation, player conditioning and scouting.
Brown served as an assistant coach for women’s basketball teams at the University of Kansas, Stanford University, and San Jose State University. During her tenure at Kansas, she helped guide the Jayhawks to an 88-31 record, four trips to the NCAA Tournament and a Big Eight Conference title. Her Stanford team won the NCAA tournament in 1990 and earned a trip to the Final Four in 1991.
Brown holds a bachelor’s degree and master’s degree in education, both from UNLV.
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.
By thoroughly examining more than a dozen publishing industry contracts, this how-to guide answers the most common questions writers ask about publishing, agency, coauthoring, working-for-hire, and other agreements.
This reference breaks down the complex legalese in each contract and provides a clause-by-clause explanation of their contents. Commentary on negotiation points and the consequences related to the absence or presence of critical verbiage will help those—from the most seasoned author signing with a major publishing firm to an author who aspires to publish or is thinking of working with a collaborator on a project—who seek to demystify the process of signing important agreements operate from a more knowledgeable position.
Published by Legal Write Publications (978-0967457987). Buy now at Amazon.com.
Source of this excerpt: DelawareOnline.com (Maureen Milford)
The Connecticut brothers who built a successful clothing company that embodies the prepster lifestyle of Martha’s Vineyard have stirred up a nor’easter for a Rehoboth Beach T-shirt shop.
Vineyard Vines LLC, a company started by Ian and Shep Murray in 1998, has sued Rehoboth Lifestyle Clothing Co. for selling tops and sweatshirts that say “rehoboth” and are embroidered with big smiling whales. The jaunty-tailed whales bear a striking resemblance to the iconic trademark seen on the Murrays’ high-end ties, shirts, jackets, dresses and other products, the lawsuit alleges.
The way the Stamford, Connecticut, company sees it, Rehoboth Lifestyle is infringing on its registered trademark and diluting its “famous trademark,” according to a lawsuit filed in federal court. Vineyard Vines clothing, which has been spotted on movie stars and several presidents, is pricey, with a cotton dress shirt selling for $128 on the company’s website. […]
I doubt a court would find that the Vineyard Vines whale, even as popular, well-known and iconic as it may be, is indeed a “famous mark” as that term is defined under the Federal Trademark Dilution Act. Bigger ‘fish’ have tried and failed. The short list includes: XEROX, KODAK, COCA-COLA, and REEBOK. Read more about trademark dilution and famous mark cases. But it seems that Vineyard Vines has a strong case in establishing the “likelihood” of confusion. Actual confusion of consumers is not required.
I was quoted in the article to explain why it is important for trademark owners to police and to protect their marks. The consequences of not doing so could be extremely costly to their brand and business. And the failure to police may also lead to “genericide”, causing the owners to lose their exclusive right to use the mark in connection with the sale of its goods and services. Common examples of well-known companies whose marks became generic
In the article, I also explained the general purposes of trademark law. Read the full article:
So what do you think? Are consumers likely to be confused, even if initially, by the local t-shirt company’s mirror-image, stylized pink whale? More specifically, is it more likely than not that some consumer might be confused? If so, what’s the harm?
~Prof TE~ Follow me on Twitter @IPProfEvans