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Fordham Intellectual Property, Media & Entertainment Law Journal

Updated 4 days ago

Education
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The Fordham Intellectual Property, Media, & Entertainment Law Journal (IPLJ) Podcast explores interesting legal topics in copyright, trademark, and patent law, while tackling hot topics in entertainment and media.

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The Fordham Intellectual Property, Media, & Entertainment Law Journal (IPLJ) Podcast explores interesting legal topics in copyright, trademark, and patent law, while tackling hot topics in entertainment and media.

iTunes Ratings

6 Ratings
Average Ratings
5
1
0
0
0

Blockchain!!!

By Johndag - Nov 15 2017
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I just listened to my first podcast on your “station” about Blockchain technology. Great insight on the subject. The interviewer really delved into some great material with the attorneys.

Shining the Light on Intellectual Property Law

By tonyz93 - Oct 29 2016
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Fantastic podcast! Manages to parse through complex legal doctrines in a straightforward and light manner. Topics range from copyright, trademark, advertising law, privacy concerns, and other nuanced areas of the law. Additionally, the conversational feel of the podcast makes it very accessible to all listeners. Keep up the great work Fordham IPLJ!

iTunes Ratings

6 Ratings
Average Ratings
5
1
0
0
0

Blockchain!!!

By Johndag - Nov 15 2017
Read more
I just listened to my first podcast on your “station” about Blockchain technology. Great insight on the subject. The interviewer really delved into some great material with the attorneys.

Shining the Light on Intellectual Property Law

By tonyz93 - Oct 29 2016
Read more
Fantastic podcast! Manages to parse through complex legal doctrines in a straightforward and light manner. Topics range from copyright, trademark, advertising law, privacy concerns, and other nuanced areas of the law. Additionally, the conversational feel of the podcast makes it very accessible to all listeners. Keep up the great work Fordham IPLJ!
Cover image of Fordham Intellectual Property, Media & Entertainment Law Journal

Fordham Intellectual Property, Media & Entertainment Law Journal

Latest release on May 23, 2019

The Best Episodes Ranked Using User Listens

Updated by OwlTail 4 days ago

Rank #1: Episode 38: Blockchain and IP, featuring Ted Mlynar and Ira Schaefer

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This week, Staff Correspondent Alessandra Dagirmanjian speaks with Ted Mlynar and Ira Schaefer, Partner and Of Counsel, respectively, at Hogan Lovells LLP. Ted and Ira both work extensively with the Hogan Lovells’ Blockchain-Smart Contracts IPMT Working Group. Ted and Ira talk about their work with ethereum smart contracts, and how the blockchain can be used to protect intellectual property rights. They also discuss the important new roles for lawyers in implementing the technology, and resolving the legal issues surrounding it.

Ted’s bio can be found here: https://www.hoganlovells.com/ted-mlynar

Ira’s bio can be found here: https://www.hoganlovells.com/ira-schaefer

Subscribe to us on Apple Podcasts at https://itunes.apple.com/us/podcast/fordham-intellectual-property/id1158550285 and leave us a review!

Website: www.fordhamiplj.org

Twitter: @FordhamIPLJ

Facebook: www.facebook.com/FordhamIPLJ

Patreon: www.patreon.com/fordhamiplj

Nov 10 2017

37mins

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Rank #2: Episode 18: How to Break into Entertainment Law feat. Jeff Cohen

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This week, Online Editor Anthony Zangrillo is joined by Staff Member Wes Benter and Special Guest Jeff Cohen to talk about breaking into Entertainment Law.

Jeff is a prominent transactional attorney and former child actor, best known for playing the role of ‘Chunk’ in the Richard Donner/Steven Spielberg film The Goonies. A co-founder of Beverly Hills based Cohen Gardner LLP, Jeff has been named by Variety to its Dealmakers Impact List and profiled by The Hollywood Reporter, The ABA Journal, Chambers Associate, Law Crossing and others. A distinguished lecturer and active writer, Jeff has authored numerous articles discussing business, technology and entertainment matters for CNBC, The Huffington Post, Backstage, Lawyerist and others.  He is proud to serve on corporate boards in both the non-profit and for-profit arenas.

Jeff has published The Dealmaker’s Ten Commandments: Ten Essential Tools for Business Forged in the Trenches of Hollywood. Jeff’s book provides a practical, no-nonsense methodology for negotiating deals, managing your time and handling crisis, all at the highest level. Jeff created The Dealmaker’s Ten Commandments to overcome resistance and achieve his goals without losing his soul along the way. Although developed in Hollywood, the real world tactics, strategies and guiding principles are vital for any business environment. More information on the book can be found here: http://dealmakerscommandments.com/

Don’t forget to also subscribe to the podcast on iTunes (https://itunes.apple.com/us/podcast/fordham-intellectual-property/id1158550285?mt=2) and leave a review!

Feb 16 2017

14mins

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Rank #3: Episode 27: The Soul of the First Amendment

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Special Guest Floyd Abrams joins the podcast to discuss his new book The Soul of the First Amendment.3 America’s preeminent First Amendment lawyer, Floyd Abrams, has spoken out on the most controversial free-speech issues of our time.  Since 1971, when the Pentagon Papers were leaked to the New York Times and furious debate over First Amendment rights ensued, free-speech cases have emerged in rapid succession. Floyd Abrams has been on the front lines of nearly every one of these major cases, which is also to say that, more than any other person, he has forged this country’s legal understanding of free speech. Litigating everything from national-security and prior-restraint issues to controversies concerning the law of libel and attempts by local officials to censor art, Abrams has worked devotedly to protect the First Amendment, the “crown jewel” of America’s Constitution.  Most recently, Mr. Abrams argued and won Citizens United v. Federal Election Commission.

In his forthcoming book, The Soul of the First Amendment, Abrams discusses the dangers to the First Amendment that emanate from the Left as well as the Right. Abrams also examines the repeated conflicts between claims of free speech and those of national security, as evidenced in the case of WikiLeaks and also the case of Edward Snowden. Topics discussed include a comparative view of defamation laws, the right to be forgotten, Supreme Court oral arguments, and unauthorized use of trademark in film.4

Don’t forget to also subscribe to the podcast on iTunes (https://itunes.apple.com/us/podcast/fordham-intellectual-property/id1158550285?mt=2) and leave a review!

Apr 29 2017

16mins

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Rank #4: Episode 30: Matal v. Tam: Prohibition of Offensive Marks Based On Disparagement Clause Is Unconstitutional Under the First Amendment

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Former Online Editor Anthony Zangrillo and Former Senior Notes and Articles Editor Joey Gerber take a break from BAR prep in order to discuss “one of the most important First Amendment free speech cases to come along in many years” Matal v. Tam.3

In the past, the U.S. Patent and Trademark Office (PTO) has refused to register trademarks considered that disparage a particular person, group or institution. On June 19, the Supreme Court unanimously held (8-0) that the disparagement clause (Section 2(a) of the Lanham Act), is an unconstitutional violation of the First Amendment’s Free Speech Clause.

The specific case in controversy involved a Portland, Oregon, rock band “The Slants.” All the members of the band are of Asian decent and the name represents a move of empowerment in reclaiming a historically derogatory term. Simon Tam filed a trademark application to federally register the band’s name, “The Slants.” The PTO refused to register the mark as “derogatory or offensive” based on the dictionary meaning of ‘slants’ or ‘slant-eyes.’ Tam lost an appeal to the PTO’s Trademark Trial and Appeal Board (TTAB), but this ruling was reversed in the Court of Appeals for the Federal Circuit, holding that the disparagement clause is unconstitutional under the Free Speech Clause.

On this podcast, Anthony and Joey discuss the Supreme Court decision and the ramifications this could have on future trademark applications, as well as other decisions such as the recent controversy over the Washington Redskins.4

Don’t forget to also subscribe to the podcast on iTunes (https://itunes.apple.com/us/podcast/fordham-intellectual-property/id1158550285?mt=2) and leave a review!

Jul 04 2017

34mins

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Rank #5: Episode 16: Paul McCartney sues Sony/ATV Over the Beatles’ Music Rights

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James Sammataro, Managing Partner of Stroock, Stroock, & Lavan’s Miami office returns to the podcast to discuss Paul McCartney’s recent declaratory action against music publisher Sony/ATV over the ownership of some of the Beatles’ most famous songs!

Mr. McCartney’s suit involves a claim of copyright termination. Under this legal concept, authors — or any creators — have the right to reclaim ownership of their works from publishers after a specific length of time has passed. This concept originated in the 1976 Copyright Act and performers and songwriters have utilized the remedy to regain control of their work.

Initially, Mr. McCartney and John Lennon signed a series of publishing contracts in Britain beginning in 1962. The suit contends that in a series of remarks and emails to Mr. McCartney’s lawyers, Sony/ATV executives alluded to the recently decided Duran Duran case and refused to confirm that he could reclaim his rights in popular songs like “Love Me Do,” “I Want to Hold Your Hand” and “All You Need Is Love.”2 The suit asks for a declarative judgment that Mr. McCartney would not be violating any contract by exercising his termination rights.

Feb 01 2017

15mins

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Rank #6: Episode 24: Unauthorized Trademark Use in Artistic Mediums (Part I)

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The podcast discusses Online Editor Anthony Zangrillo’s Note: The Split on the Rogers v. Grimaldi Gridiron: An Analysis of Unauthorized Trademark Use in Artistic Mediums (http://ir.lawnet.fordham.edu/cgi/viewcontent.cgi?article=1660&context=iplj). Special Guest Ben Siders, an IP attorney at Lewis Rice in St. Louis, joins the podcast to speak about the unauthorized use of trademarks in films, TV and video games.

A former software engineer, Ben routinely counsels businesses, entrepreneurs, and startups on IP, technology licensing and compliance as well as how to develop and protect their IP assets. He also assists clients with licensing their technology and licensing third party technologies. Ben is also a co-author of the American Bar Association’s Legal Guide to Video Game Development and has published an article on board games in the American Bar Association’s Landslide journal on IP law. He is the secretary of the St. Louis Game Developer Cooperative, a member of the International Game Developer Association, and holds a patent on a geogaming technology for creating “parallel reality” games.

Movies, television programs, and video games often exploit trademarks within their content. In particular, various media often attempt to use the logos of professional sports teams within artistic works. Courts have utilized different methods to balance the constitutional protections of the First Amendment with the property interests granted to the owner of a trademark. Ultimately, many courts utilize the framework presented in the seminal Rogers v. Grimaldi decision. This test analyzes the artistic relevance of the trademark’s use in the allegedly infringing work, while also protecting against explicitly misleading uses. Currently, federal circuits apply the Rogers test inconsistently, particularly in the Second, Sixth, Seventh, and Ninth Circuits. This podcast focuses in on the feedback loop created by blurring out trademarks in films, when not legally required to do so. Performing this action entices studio gatekeepers to always clear trademarks before utilizing them, in effect, chilling the artistic vision of the director and/or producer.

Apr 10 2017

17mins

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Rank #7: Episode 34: CRISPR, Part I

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In this two part series, guest correspondent Falguni Joshi delves into the world of CRISPR-Cas9—a revolutionary gene editing technology that has made headlines recently. For this week’s episode, Falguni sits down with Dr. Raj Mandal to understand how CRISPR works, what its implications are and how Dr. Mandal uses it in his lab to conduct cancer research.

Falguni then turns to the underlying patent dispute with Professor Jacob Sherkow and Steven Hollander. Professor Sherkow and Steve explain how the dispute began, the differences in the innovations made by the two parties, and the procedural history.

Dr. Raj Mandal is a Head and Neck Surgery fellow at Memorial Sloan Kettering Cancer Center in New York City. In addition to clinical work, Dr. Mandal is actively involved in cancer research using gene editing technologies such as CRISPR Cas9.

Steven Hollander works in the area of not-for-profit and patent law and writes on the intersection of scientific innovation, bioethics, and law. He is a member of the New York City Bar Association’s Bioethics Committee where he is the chair of the Patent Law Subcommittee. He received a B.A. from Washington University in St. Louis, a Certificate in Premedical Sciences from Columbia University, and a J.D., cum laude, from Maurice A. Dean School of Law at Hofstra University where he was an Associate Editor for the Hofstra Law Review.

Professor Sherkow is an Associate Professor of Law at the New York Law School Innovation Center for Law and Technology, where he teaches a variety of courses related to intellectual property. His research focuses on how scientific developments, especially in the biosciences, affect patent law and litigation. Professor Sherkow has been a frequent commentator on patent matters in popular outlets such as the Wall Street Journal, The New York Times, the Los Angeles Times, and NPR. He also has experience as a patent litigator at Gibson, Dunn & Crutcher in New York.

Music on this week’s episode:

Clocks Set by Silent Partner: https://youtu.be/Ym8r-34xu0M

Experimental by strange day: https://soundcloud.com/strange-day

Our theme song is Roller Blades by Otis McDonald: https://youtu.be/Ym8r-34xu0M

Subscribe to us on Apple Podcasts at https://itunes.apple.com/us/podcast/fordham-intellectual-property/id1158550285 and leave us a review!

Website: www.fordhamiplj.org

Twitter: @FordhamIPLJ

Facebook: www.facebook.com/FordhamIPLJ

Patreon: www.patreon.com/fordhamiplj

Oct 13 2017

28mins

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Rank #8: Episode 55: Patent Law Basics for Start-Ups Feat. J. Douglas Miller

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This week, staff member Meredith Miller sits down to chat with patent practitioner J. Douglas Miller about how start-ups can utilize patents and intellectual property in growing their business. They talk about what start-ups need to know about intellectual property, how to obtain a patent, and considerations when crafting an IP strategy. Ms. Miller is a second-year law student at Fordham Law intending to go into biotechnology patent practice. Mr. Miller, the father of Ms. Miller, is a patent attorney with a mechanical and environmental engineering background from Shumaker, Loop & Kendrick in Toledo, Ohio.

Our theme song is Roller Blades by Otis McDonald.

Subscribe to us on Apple Podcasts and leave us a review!

Website: www.fordhamiplj.org
Twitter: @FordhamIPLJ
Instagram: @Fordhamiplj
Facebook: www.facebook.com/FordhamIPLJ
Patreon: www.patreon.com/fordhamiplj

Nov 13 2018

35mins

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Rank #9: Episode 17: Invalidity Assertion Entities and their Effect on the Patent Landscape

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This week, Online Editor Anthony Zangrillo is joined by Staff Member Matt Hershkowitz and Special Guest Mike Schuster, Assistant Professor at Oklahoma State University Spears School of Business.

The podcast tackles a recent entrant on the patent landscape: the Invalidity Assertion Entity (IAE). IAEs engage in rent-seeking by demanding payment from patent holders in exchange for not attempting to invalidate their patents through administrative action before the U.S. Patent and Trademark Office.

The response to IAEs has been uniformly negative. Reflexive Congressional proposals to terminate the IAE business model were not surprising. In contrast to the common response to IAEs, Mike discusses how profit-driven IAEs may effect socially beneficial externalities and why legislating to end the IAE business model is imprudent.

In fact, the IAE may discourage the much-maligned patent troll business model. IAEs are rent-seekers who demand consideration from patent owners in exchange for not attempting to invalidate their patents through an administrative action before the U.S. Patent and Trademark Office.

Self-interested IAEs will target patents and patent holders with attributes that maximize the likelihood the IAE will secure a lucrative settlement. Patent trolls exhibit these characteristics and will therefore be disproportionately targeted by IAEs. This practice raises costs and lowers income for patent trolls, which discourages future troll activity. IAEs thus — by pursuing their own profit-driven agendas — further the long-time policy goal of reducing patent troll lawsuits. This conclusion is diametrically opposed to the negative portrayals of IAEs in the media and recent legislative proposals to terminate the nascent business model.

Here is a link to 2 articles Mike has written on the topic:
Michigan Telecommunications and Technology Law Review, 2016

Wake Forest Law Review, Forthcoming

Don’t forget to also subscribe to the podcast on iTunes (https://itunes.apple.com/us/podcast/fordham-intellectual-property/id1158550285?mt=2) and leave a review!

Feb 10 2017

19mins

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Rank #10: Episode 40: Augmented Reality and Digital Spaces, Part II

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In our last episode of 2017, Staff Correspondent Ben Halperin talks with Leila Aminedolleh. She is an adjunct professor at Fordham University School of Law, and the Founding Partner of Amineddoleh & Associates LLC. Her practice focuses on art, cultural heritage, and intellectual property law. They discuss the IP law perspective of the Snapchat Art project, and other developments from the art world. This episode is Part Two of a two-part discussion on this topic.

Professor Amineddoleh’s bio can be found here: https://www.fordham.edu/info/23642/a_-_b/6999/leila_amineddoleh

Thank you for listening! We’ll be back on Friday, February 9th with another semester of all-new episodes. In the meantime, please visit our website, where you can read our blog, or check out our back-catalog on Apple Podcasts, where you can get all caught up on episodes from this past year.

Subscribe to us on Apple Podcasts at https://itunes.apple.com/us/podcast/fordham-intellectual-property/id1158550285 and leave us a review!

Website: www.fordhamiplj.org
Twitter: @FordhamIPLJ
Facebook: www.facebook.com/FordhamIPLJ
Patreon: www.patreon.com/fordhamiplj

Dec 01 2017

24mins

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Rank #11: Episode 8: COPPA Enforcement

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COPPA! Following up on a blog post (http://www.fordhamiplj.org/2016/11/08/musical-lys-coppas-flaws/) concerning the new, popular app Muscial.ly and its young user base, highlighting the flaws of Coppa, the Fordham IPLJ Podcast interviewed Roy Smith, the founder and CEO of PrivacyCheq to further discuss COPPA and its interaction with the mobile game industry. Coppa was enacted in 1998 for the purpose of limiting what information companies can collect about children under the age of 13 without parental consent. The law went into effect in 2000 and was amended in 2013 to, amongst other things, broaden the type of information regulated. Since the time of the legislation’s inception many companies have struggled to comply and have frequently been unsuccessful. Roy will take listeners through some of Coppa’s “loopholes.” There is obviously a perverse incentive to be willfully blind, which will be discussed from a privacy policy perspective. Furthermore, the podcast will touch on how Coppa should be enforced, who should enforce the regulations, how can the government achieve better compliance, and how are other countries reacting to our Coppa laws. Finally, the podcast touches on general policies in privacy law including a thought provoking discussion on the “reasonable expectation” of privacy in society.

Nov 10 2016

28mins

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Rank #12: Episode 21: Trademark issues in the Gaming Industry feat. Cards Against Humanity and Humanity Hates Trump (Part I)

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How can game companies enforce and address intellectual property and trademark issues? This week, Online Editor Anthony Zangrillo is joined by Attorney Brent Lorentz from the Minneapolis law firm Winthrop & Weinstine3 to explore licensing issues within the gaming industry. These board game disputes often involve a confluence of different intellectual property rights, including copyright, trademarks and patents. However, none of these rights truly protect the essence of the game. They may protect parts of the game, but if one part fails, the protection decreases.

Recently, Humanity Hates Trump opened a Kickstarter campaign, in an effort to raise funding and build consumer recognition prior to release.4  They hit a snag, however, when the campaign was removed following a complaint made by Cards Against Humanity (CAH) directly to Kickstarter. In April, the game manufacturer and distributor SCS Direct fought back in Connecticut district court, arguing in their complaint that CAH had “engaged in a campaign to thwart the production and sales of Humanity Hates Trump,” and alleging that CAH’s infringement claims were “baseless.” SCS Direct maintains that they complied with most of CAH’s requested design changes, but refused when CAH asked they change the color of the cards, which remain black-and-white. SCS Direct pointed out that lots of games use black-and-white cards and are unaffiliated with CAH, and furthermore, that CAH has no trademark or trade dress registrations with respect to that design element. The podcast delves into this issue and more in this episode.

Mar 10 2017

12mins

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Rank #13: Episode 39: Augmented Reality and Digital Spaces, Part I

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This week, Staff Correspondent Ben Halperin talks with artist, designer, and activist Sebastian Errazuriz.  Sebastian’s digital “vandalization” of a Jeff Koons sculpture, visible in landmarks around the world via Snapchat filter, recently made headlines. They talk about the potential implications of Snapchat’s art initiative, which could demonstrate the idea that localities should regulate their “digital air rights” like other traditional property rights. They also discuss the potential societal impacts of augmented reality (AR) technology. This episode is Part One of a two-part discussion on this topic.

To learn more about Sebastian’s work, please follow him on social media:

Instagram: @sebastianstudio
Webpages : www.meetsebastian.com and www.cross.international
Facebook: www.facebook.com/sebastian.errazuriz

Subscribe to us on Apple Podcasts at https://itunes.apple.com/us/podcast/fordham-intellectual-property/id1158550285 and leave us a review!

Website: www.fordhamiplj.org
Twitter: @FordhamIPLJ
Facebook: www.facebook.com/FordhamIPLJ
Patreon: www.patreon.com/fordhamiplj

Nov 17 2017

33mins

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Rank #14: Episode 15: Digitalization of IP Offices

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This week, the podcast dives into the importance of the digitalization of intellectual property offices. Special Guest Nehal Madhani joins the discussion to provide his perspective on this issue. Nehal authored an article on this topic for the World Trademark Review.

Don’t forget to also subscribe to the podcast on iTunes (https://itunes.apple.com/us/podcast/fordham-intellectual-property/id1158550285?mt=2) and leave a review!

Jan 12 2017

9mins

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Rank #15: Episode 35: CRISPR, Part II

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This week on Part II of our CRISPR series, guest correspondent Falguni Joshi continues exploring the nuances of the CRISPR patent dispute with Professor Sherkow and Steve Hollander.

First, our guests explain the shift from a first-to-invent to a first-to-file system in the United States, the advantages of the change, and how the CRISPR patent dispute outcome would be different under a first-to-invent regime.

Next, Professor Sherkow and Steve explore the procedural history from the interference proceeding through the Court of Appeals. Professor Sherkow explains why he thinks UC Berkeley’s chances of success on appeal are low.

Our guests then turn to an interesting analogy, a foreign third party and practical considerations for UC Berkeley and the Broad Institute while the controversy is ongoing. This podcast wraps up with a conversation about the implications of the CRISPR patent dispute for the scientific and legal communities.

Steven Hollander works in the area of not-for-profit and patent law and writes on the intersection of scientific innovation, bioethics, and law. He is a member of the New York City Bar Association’s Bioethics Committee where he is the chair of the Patent Law Subcommittee. He received a B.A. from Washington University in St. Louis, a Certificate in Premedical Sciences from Columbia University, and a J.D., Cum Laude, from Maurice A. Dean School of Law at Hofstra University where he was an Associate Editor for the Hofstra Law Review.

Professor Sherkow is an Associate Professor of Law at the New York Law School Innovation Center for Law and Technology, where he teaches a variety of courses related to intellectual property. His research focuses on how scientific developments, especially in the biosciences, affect patent law and litigation. Professor Sherkow has been a frequent commentator on patent matters in popular outlets such as the Wall Street Journal, The New York Times, the Los Angeles Times, and NPR. He also has experience as a patent litigator at Gibson, Dunn & Crutcher in New York.

Music on this week’s episode:

Clocks Set by Silent Partner: https://youtu.be/Ym8r-34xu0M

Experimental by strange day: https://soundcloud.com/strange-day

Our theme song is Roller Blades by Otis McDonald: https://youtu.be/Ym8r-34xu0M

Subscribe to us on Apple Podcasts at https://itunes.apple.com/us/podcast/fordham-intellectual-property/id1158550285 and leave us a review!

Website: www.fordhamiplj.org

Twitter: @FordhamIPLJ

Facebook: www.facebook.com/FordhamIPLJ

Patreon: www.patreon.com/fordhamiplj

Oct 20 2017

35mins

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Rank #16: Episode 28: Dissecting Disclosures and the FTC Guidelines

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In December 2015, the FTC issued Guidelines instructing companies and influencers on how they should conduct themselves concerning paid sponsorships on online posts and other content. The update in how these Guidelines have been enforced has been an interesting talking point in the legal community. Online Editor Anthony Zangrillo and Kathy Walter discuss these issues, which are the subject of Kathy’s note, which will be published in Book 4 of Volume XVII of IPLJ.

The podcast is also joined by Special Guest Doreen Small,3 a founding partner of Marquart & Small LLP, a highly regarded intellectual property lawyer and a foremost expert in the field of fashion modeling law. Her practice focuses on advising and counseling clients on a wide range of contractual, transactional, intellectual property, regulatory and employment law matters in the fields of fashion, arts, fitness, hospitality, media and entertainment.

Doreen discusses her exposure to companies pushing compliance with Guidelines onto bloggers, influencers and models through contractual agreement. In practice, the FTC has enforced these Guidelines on bloggers and models, but not always on celebrities and red carpet guests who accept constant swag in their everyday life. The advertising model has changed and every company puts ad dollars into these online mechanisms. Influencers and blogs really do have influence and sway over an important demographic. Often, these new technological changes involving social media in the industry are accompanied by normal modes of advertising, such as print and billboards. However, exclusive print advertisements have become very rare.

The podcast discusses the concern in misleading “paid-for” content that is disguised as normal editorial pieces. Is there a lack of awareness on the part of the consuming public to the payments involved to get someone to wear their clothing? How does the FTC utilize its standard of deceptiveness, regarding whether a reasonable number of prudent customers would be fooled? Is the concern among influencer’s concerning authenticity with their consumer base justified? How can lawyers draft contracts to push the burden of compliance with the Guidelines back on the companies asking for sponsorship, rather than placing the burden on the influencers themselves?

Finally, Anthony, the influencer himself 4 discusses his own exposure to the Guidelines concerning his movie and video game reviews. What is the FTC’s application of these Guidelines to free tickets to live events, and furthermore exclusive gatherings such as a movie premiere or after party? This topic brings up the issue of uniformity of enforcement among industries, such as film, fashion, media, and gaming.

Don’t forget to also subscribe to the podcast on iTunes (https://itunes.apple.com/us/podcast/fordham-intellectual-property/id1158550285?mt=2) and leave a review!

Editor’s Note: This podcast was recorded prior to the FTC’s press release reminding influencers and brands to clearly disclose relationships with sponsors. In its blog post, the FTC recommended three steps that influencers should take to ensure the effectiveness of disclosures on Instagram:

Keep your disclosures unambiguous.

Make your disclosures hard to miss.

Avoid #HardtoRead #BuriedDisclosures #inStringofHashtags #SkippedByReaders.

Related blog posts (with catchy headlines):

http://www.fordhamiplj.org/2016/11/29/keeping-up-ftc/

http://www.fordhamiplj.org/2016/08/06/ftc-guidance-business-not-include-marketing-pay-attention/

May 02 2017

24mins

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Rank #17: Episode 60: Lawyering for Complex Media featuring Michael Golland

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The following should not be construed as legal advice — just good advice. On this week’s episode, Mr. Michael Golland, Senior Counsel at Complex Media,  sat down with Staff Writer, Jeanine Botwe to drop some gems, as part of our continued effort to facilitate exposure to careers within Intellectual Property and Entertainment Law.

After graduating from The George Washington University in 1989 with a degree in Finance, Michael moved to San Diego where he began his career as an analyst for commercial real estate investors and eventually became an investor himself.  In 1994, Michael earned his JD from Whittier Law School in Los Angeles and began his career as a business attorney.  For the first seven years of his career as an attorney, Michael handled transactional and dispute resolution matters for his clients.  In this capacity, Michael would form and advise entities on matters related to the operation of their business such as employment issues, commercial leasing, asset acquisition and sale, intellectual property protection, general business strategy and represent his clients in litigation.  Michael began his career as an entertainment attorney in the music business where he represented artists and composers in both the entertainment and gaming industries.  Eventually, Michael began to represent other players in entertainment, media and licensing such as actors, writers, directors and producers. Michael has acted as production counsel for many feature films (including feature length documentaries) as well as scripted and unscripted television and new media productions.  In 2016, Michael relocated to New York to begin his career as in-house counsel for Complex Networks, a leading digital publisher where he oversees all of the company’s content production and distribution as well as events such as ComplexCon.

IP of the Week: Geico Hump Day Commercial

Our theme song is Roller Blades by Otis McDonald.

Subscribe to us on Apple Podcasts and leave us a review!

Website: www.fordhamiplj.org
Twitter: @FordhamIPLJ
Instagram: @Fordhamiplj
Facebook: www.facebook.com/FordhamIPLJ
Patreon: www.patreon.com/fordhamiplj

Feb 19 2019

34mins

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Rank #18: Episode 14: Equitable Resale Royalties

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This episode of the podcast discusses resale royalties. Special Guest Brian L. Frye, Spears-Gilbert Associate Professor of Law, University of Kentucky College of Law, author of upcoming article “Equitable Resale Royalties.” Essentially, the premise is that in many European countries artists are entitled to a percentage of the sale price of their artworks every time they are resold. California enacted a similar law, but it was recently found unconstitutional on both dormant commerce clause & first sale/preemption grounds by the courts. People are pushing for a federal resale right. There is a lot of disagreement about the wisdom & justification of such a right – a lot of scholars are opposed, primarily on economic efficiency grounds, but the response is based in fairness & equity.

Brian assumes for the sake of argument that we should adopt resale royalties & ask what an equitable resale royalty right regime could & should look like.

Don’t forget to also subscribe to the podcast on Itunes (https://itunes.apple.com/us/podcast/fordham-intellectual-property/id1158550285?mt=2) and leave a review!

Jan 05 2017

23mins

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Rank #19: Episode 36: Legal Issues in Virtual Reality, featuring Vivian Tan

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This week, Online Editor Christina Sauerborn chats with Vivian Tan, CEO and co-founder of Beast Pets, a virtual reality game where users can play with adorable pet baby dragons. Vivian tells us about her career path from practicing law to co-founding a VR company. Christina and Vivian also talk about the game play (including Christina’s playtest experience), and the legal issues that come up as the game has developed and VR continues to grow.

To learn more about Beast Pets, please visit their website at www.beastpets.com.

Subscribe to us on Apple Podcasts at https://itunes.apple.com/us/podcast/fordham-intellectual-property/id1158550285 and leave us a review!

Website: www.fordhamiplj.org

Twitter: @FordhamIPLJ

Facebook: www.facebook.com/FordhamIPLJ

Patreon: www.patreon.com/fordhamiplj

Oct 27 2017

37mins

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Rank #20: Episode 32: Amending ‘The March of Time’ Trademark Registration, featuring Matthew Asbell

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In this week’s episode, Online Editor Christina Sauerborn chats with Matthew Asbell, Partner at the international intellectual property boutique firm of Ladas & Parry LLP. They talk about Matthew’s recent work with client Time, Inc. in amending one of their longstanding trademark registrations where technological evolution had rendered the originally registered goods obsolete. The trademark is for “The March of Time,” a series of pre-film newsreels shown in movie theaters in the early 1930s, and registered as a trademark since 1935. A lapse in registration would have resulted in a loss of a longstanding and valuable asset, and a loss of incontestability among the myriad other rights conferred on registered trademark holders. In addition to chatting about his practice and his longtime affinity for the arts that led him to pursue IP law, Matthew talks about how taking advantage of a recent pilot program through the USPTO allowed his client to update its trademark registration.

A link to Matthew’s bio can be found here: https://ladas.com/our-people/matthew-d-asbell/

Subscribe to us on Apple Podcasts at https://itunes.apple.com/us/podcast/fordham-intellectual-property/id1158550285 and leave us a review!

Website: www.fordhamiplj.org

Twitter: @FordhamIPLJ

Facebook: www.facebook.com/FordhamIPLJ

Patreon: www.patreon.com/fordhamiplj

Sep 29 2017

33mins

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