10/28: CONCURRENT SESSION: Copyright/Right of Publicity

Topic

Copyright/Right of Publicity

Moderator

Justen S. Barks, Beard & Barks PLLC, Houston, TX

Speakers

Copyright Trolls: A Practical Guide to First Steps.  A brief discussion of copyright trolls, the relevant law, and practical steps on how to respond to demand letters and lawsuits -- Evan Gourvitz, Ropes & Gray, New York, NY

The Right of Publicity in the Modern Era: What you need to know about the right of publicity, including key differences in important states, the prospect for a federal solution, the interplay with copyright and other forms of IP--and the headaches it creates for product manufacturers and mass-marketers. -- Michael Moore, Director of Intellectual Property & Assistant General Counsel, Mattel, Inc., El Segundo, CA

Fitting a Square Peg in a Round Hole? A look at whether traditional First Amendment, IP, and privacy doctrines involving creative works, expressive works and the transformative use test can or should be applied to the right of publicity. -- Jennifer Rothman, Professor, Loyola Law School, Los Angeles, CA

NCAA Likenesses, Deceased Celebrities and Digital Avatars: Areas of controversy and hot topics for industries at risk fire from right of publicity claims.  -- Brian Wassom, Warner Norcross & Judd, LLP, Clinton Township, MI

Speakers

• Barks, Justen S.

  Beard & Barks PLLC | Partner

  Justen S. Barks is a commercial, intellectual property, and entertainment litigator. His experience in the courtroom helps his clients in their various transaction needs. For his commercial clients, he provides work in the form of risk management counselling, litigation in state and federal courts, mediation, contract drafting and negotiation. His intellectual property practice includes a mix of work with the U.S. Trademark Office, the Trademark Trial and Appeal Board, the Federal Circuit Court of Appeals, the U.S. Copyright Office, and copyright, patent, and trademark litigation.
• Rothman, Jennifer E.

  Loyola Law School | William G. Coskran Professor of Law

  Professor Jennifer Rothman is nationally recognized for her scholarship in the intellectual property and constitutional law fields, and is the leading expert on the right of publicity. Her book, The Right of Publicity: Privacy Reimagined for a Public World, was published in 2018 by Harvard University Press.
• Moore, Michael
  Michael Moore is assistant general counsel, senior director, trademarks and copyrights for Mattel Inc, where he is responsible for managing all trademark and copyright matters for Mattel around the world, from clearance and registration, through to disputes and litigation. Since joining Mattel in 2000, Mr Moore has represented Mattel in a number of high-profile and important IP cases, including managing the first EU design rights case ever litigated (Mattel v Simba (UK)), and a UK case involving the SCRABBLE brand against Zynga.
• Gourvitz, Evan

  Ropes & Gray | Counsel

  Evan Gourvitz has successfully litigated intellectual property disputes and counseled clients on intellectual property protection, as both outside and in-house counsel, for more than 20 years.