Celesq® Attorneys Ed Center
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Programs in Copyright Law

Programs are available online to all firms wishing to assist their attorneys in obtaining their CLE credits. Please email customer.care@celesq.com to obtain a coupon code for your firm. Once an attorney has completed a program, your firm will be billed $30 each for the cost of each certificate which will be issued as a download once the attorney has completed the affirmation for the particular program. CDs will be available for all programs upon request. Please email customer.care@celesq.com to purchase CDs for any course. Cost will be $95.00 per CD, plus shipping and handling.

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To Embed, or Not to Embed, that is the Question (01/22/2021)

Program Number: 3114 Presenter: Michael D. Hobbs, Jr. Esq., Shaleen J. Patel, Esq.

A discussion on an increasingly tumultuous area of on-line copyright law. The discussion focuses on a trend where courts are increasingly allowing cases to proceed on the merits in instances of media publishers embedding, a practice of displaying content from one platform into another without actually hosting the underlying content. For years, such a practice seemed safe under the Ninth Circuit’s “server test.” However, districts in other circuits are rejecting that the server test is settled law and questioning the legality of embedding. As social media makes embedding content a more available feature, this broadcast discusses the risks of continuing to embed content without first acquiring permission and possible alternatives.

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To Trade Secret or Not to Trade Secret- That is THE Question! (06/10/2020)

Program Number: 3094 Presenter: David Postolski, Esq.

Keeping something secret is hard! Especially when it comes to what gives your business a competitive advantage. If you can legally and commercially manage to do this, then you can achieve Federal Rights for the first time in US history since 2016. This presentation will explore best practices, steps and strategies in ensuring that what you have as a trade secret can achieve maximum protection. This presentation will also explore the opposite of a Trade Secret, the Patent and the interplay between these types of intellectual property so that your clients can make an informed decision!

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Drafting Licensing and Development Agreements to Avoid Expensive Legal Disputes (04/30/2020)

Program Number: 3054 Presenter: Raman N. Dewan, Esq., Christopher J. Rourk, Esq.

Drafting Licensing and Development Agreements to Avoid Expensive Legal Disputes. In Romag v. Fossil, the parties have found themselves heading to the Supreme Court to resolve a legal issue. Is that because there is a split in authority between the circuits, or because the agreement failed to protect against the dispute? This webinar will discuss key clauses where such disputes are likely to arise and will address due diligence and drafting best practices that can help to identify such issues and prevent extended and expensive litigation. Many of these issues relate to patents, copyrights, trademarks and trade secrets, and the webinar will help the general practitioner to identify the key issues pertaining to each of these four types of intellectual property and to avoid wasting time and negotiating positions arguing over issues that are not important.

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Overcoming Fintiv: Obtaining Institution Decisions From the PTAB in This New Age of Discretion (12/08/2020)

Program Number: 30287 Presenter: Kevin J. Boyle, Esq., Louis L. Campbell, Esq., Michael A. Tomasulo, Esq.

There’s no doubt about it. Convincing the PTAB to institute an inter partes review today is getting tougher. It’s no longer enough to just find killer prior art and draft a strong petition. With the rise of decisions like NHK Spring and Fintiv, now petitioners have to convince the PTAB that a the IPR would not be inefficient in view of parallel proceedings in the district court or the ITC. Overcoming NHK Spring and Fintiv, can be a challenge, but it’s not impossible. In this presentation, we will review the developing case law and discuss how some petitioners have been able to convince the PTAB to institute despite fast moving parallel district court proceedings.

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Foreign Trademark Filing Considerations and Pitfalls to Avoid (11/11/2020)

Program Number: 30251 Presenter: Neha Bhalani, Esq., Peter Nussbaum

U.S. trademark rights stop at the U.S. border. In order to be protected outside of the U.S., trademark rights must be obtained separately across territories. In this program, the presenters will discuss key considerations for foreign trademark filings including the differences between first-to-use and first-to-file jurisdictions, establishing trademark priority, and the different filing strategies and options for obtaining trademark protection abroad. The presentation will also touch upon some differences across territories on eligibility for trademark registration as well as the differing standards of likelihood of confusion. Finally, the presenters provide key takeaways and pitfalls to avoid when representing brand owners.

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Trademark Counterfeiting in the 2020’s (10/14/2020)

Program Number: 30237 Presenter: Anthony F. Lo Cicero, Esq.

The old tactics of anticounterfeiting enforcement against street vendors and flea market operators have largely been replaced with online takedown notices, mass litigations against unnamed defendants and border enforcement. On the flip side, the “counterfeiting” label is being applied to activities different from what we have seen in the past, as reflected in the Second Circuit’s decision in Tiffany & Co. v. Costco Wholesale Corp. and elsewhere. Join Tony Lo Cicero, Managing Partner of Amster, Rothstein & Ebenstein as he discusses these developments and their likely impact for the future.

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USPTO v. Booking.com – Effective Use of Evidence to Demonstrate Registrability (08/12/2020)

Program Number: 30204 Presenter: Anthony F. Lo Cicero, Esq.

In Booking.com, the Supreme Court rejected application of a per se rule against registrability of “generic.tld” marks. Where the trademark owner can demonstrate that the term is not generic but instead distinctive, it can be registered. Anthony Lo Cicero, Managing Partner of Amster, Rothstein & Ebenstein will discuss the decision and the types of evidence that can be adduced to demonstrate distinctiveness.

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Piracy of Television Content: Deploying the Federal Communications Act (11/19/2020)

Program Number: 30193 Presenter: Raymond Dowd, Esq., Hardin P. Rowley, Esq.

In the age of cord-cutting, internet television has exploded, piracy along with it. According to industry estimates at least six to ten percent of North American television viewing is pirated. The cost to content owners, the television industry and broadcasters is tremendous. IPTV pirates brazenly sell subscription packages with 200 channels and 2000 title on-demand movie libraries for as a little as $25.00 per month. In an age of costly unbundling with Netflix, Hulu, Disney+, Peacock, HBOMAX, and Amazon Prime, IPTV pirates create unbeatable illicit bundles. The Federal Communications Act of 1934 (“FCA”) combined and organized federal regulation of telephone, telegraph, and radio communications. FCA Section 605(a) prohibits persons who transmit or receive wire or radio communications from divulging such communications except to authorized persons. Violations carry statutory damages ranging from $1,000 to $10,000 each, with mandatory attorneys fees and costs. Recent cases have applied the FCA to internet television distribution originating as satellite transmissions. The

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Supreme Court 2019-20 Term: Trademark Decisions (07/15/2020)

Program Number: 30167 Presenter: Anthony F. Lo Cicero, Esq.

This past term the Court decided cases involving issues preclusion in trademark cases (Lucky Brand Dungarees, Inc. v. Marcel Fashions Group), the protectability of trademarks incorporating the TLD “.com” (United States Patent and Trademark Office v. Booking.com B.V.) and the requirements for a finding of willfulness under 15 U.S.C. 1117 (Romag Fasteners, Inc. V. Fossil Group, Inc.). Please join Anthony Lo Cicero, Managing Partner of Amster, Rothstein & Ebenstein for a discussion of the significance of these cases and how they will influence trademark litigation going forward.

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Lessons from John Steinbeck's The Grapes of Wrath: Copyright Terminations Under Sections 203 and 304 of the Copyright Act (06/03/2020)

Program Number: 30159 Presenter: Raymond Dowd, Esq.

In 1976 and 1998 Congress extended the terms of copyright. Congress intended for authors to receive the full economic benefit of the extended copyright terms by granting authors and their heirs inalienable rights to recapture copyrights. These recaptured copyrights, vesting free of all prior grants, could then be re-licensed on economic terms favorable to authors. To protect authors’ families from disinheritances, late-life lovers or squabbles among over-reaching heirs, Congress preempted state inheritance law and created statutory heirs. Congress’ statutory scheme benefitting authors and their families has been threatened by recent decisions of the Second and Ninth Circuits that have generated a recent cert petition to the Supreme Court in Steinbeck v. Kaffaga over film rights to The Grapes of Wrath. Many copyright termination disputes are now pending. Join Ray Dowd in examining this fascinating case and learn why understanding the issues at stake and the mechanics of copyright terminations is important for

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