Intellectual Property Law Section

9:00 a.m. – 9:50 a.m.

NFTs and IP 2.0 – Where We Are and Where We’re Going

Now that NFTs are becoming less a fad and more a practical tool for business and communication, it’s time to revisit the landscape. This presentation will provide a detailed overview of NFTs as they relate to trademark and copyright law. Beginning with a brief history—and clear explanation—of NFTs, we’ll next explore the current types and uses of NFTs, the potential benefits of NFTs to businesses and brand owners, and the legal issues and litigations NFTs have already created. We’ll then look towards the future, to imagine a world where NFTs are ubiquitous in the metaverse and in real life, and consider the most appropriate legal regimes to govern these novel IP issues.

Speaker

Rob Potter | Kilpatrick Townsend LLP; New York, NY

Jenn Hartzler | Candy Digital; New York, NY

Nyasha Foy | Sotheby’s; New York, NY

9:50 a.m. – 10:00 a.m.

Break

10:00 a.m. – 10:50 a.m.

Doing Business in Europe: The Impact of the New EU Block Exemptions

New market developments, the growth of e-commerce, and online sales are only a few factors that have recently reshaped the EU antitrust rules and their impact on brand owners doing business in Europe. This program will address the key aspects of the revised Vertical Block Exemption Regulation (VBER) that provides a safe harbor (“Block Exemption”) for certain types of agreements, including licensing, franchising, agency, and distribution agreements, that are exempted from the prohibition of restrictive agreements. Also, the session will address the existence of two separate sets of rules for the Block Exemptions covering the EU and UK and their impact on IP agreements, in particular looking at the issues related to pricing, discounting, customer and country restrictions, enforcement, and penalties for violations.

Speaker

Ugis Zeltins | COBALT; Latvia

Gustaf Duhs | Stevens & Bolton LLP; UK

Moderator

Agnese Gerharde | COBALT; Latvia

10:50 a.m. – 11:00 a.m.

Break

11:00 a.m. – 11:50 a.m.

Patenting Blockchain Technology- What you should include to overcome patent-eligibility issues up front in your patent applications

Our discussion will explore the opportunities to protect blockchain technology. Our discussion will start with a brief discussion of the history of the blockchain and its basic operation including examples of different blockchains. This will be followed by: (1) an explanation of the blockchain stack as well as examples of companies and products that have innovated at each of the different layers of the stack; (2) the types of innovations that lend themselves to patent protection with respect to each layer; and (3) best practices for preparing patent applications based on blockchain technology with a particular emphasis on patent eligibility, including exploring the types of information that should be solicited from a client prior to drafting.

Speaker

Patrick McAtee | Patent and Trademark Office Art Unit 3685 - Patent Bots, New Alexandria, VA

Jamisue A. Plucinski | Patent and Trademark Office Hampshire, Illinois

Charles R. Macedo | Amster, Rothstein & Ebenstein LLP

11:50 a.m. – 12:00 p.m.

Break

12:00 p.m. – 1:00 p.m.

Ethics for IP Lawyers: What’s New and What’s On The Horizon

As the legal profession continues to evolve, lawyers and law firms are attempting to navigate their ethical obligations with this changing landscape. How easy is it for lawyers to practice across state lines or from a remote location? When will lawyers risk sanctions for failing to conduct a diligent inquiry and how has this played out in recent “copyright troll” cases? Are states becoming more open to business ventures between lawyers and nonlawyers? This program will address these issues and others that are facing IP practitioners today.

Speaker

Tyler Maulsby | Frankfurt Kurnit Klein & Selz PC

Khasim Lockhart | Frankfurt Kurnit Klein & Selz PC

1:00 p.m. – 1:50 p.m.

Non-Traditional Marks in the 21st Century

Historically, protectable trademarks and service marks have been words, logos, or graphic designs included with providing goods and services. However, considering market and technological developments, other features have come to be recognized as identifying the source of goods or services: trade dress (e.g., product design, packaging, or configuration), color, scent, sound, taste, touch, and moving images. These non-traditional marks have become a critical tool for creating a distinctive brand as we continue forward in the 21st Century.

Speaker

Alesha Dominique | Stroock & Stroock & Lavan LLP, Los Angeles, CA

Bill Samuels | Warshaw Burstein, LLP

Kevin Blum | NBCUniversal Media, LLC; Universal City, CA

1:50 p.m. – 2:00 p.m.

Break

2:00 p.m. – 2:50 p.m.

Advertising Law for Highly Regulated and Emerging Industries

Although the principles of advertising law apply equally to all products and services, some industries are subject to unique regulatory requirements. This is nothing new - the regulations applicable to alcohol are nearly 90 years old - but the legalization of marijuana, CBD, and sports betting has resulted in new, highly regulated industries popping up seemingly overnight. Meanwhile, the uncertain regulatory scheme applicable to cryptocurrency combined with the recent collapse of various crypto exchanges and assets has led to confusion over the appropriate way to advertise cryptocurrencies and related assets. This panel will explore the practical and legal challenges of creating and disseminating advertising materials for these industries.

Speaker

Jessica Bahr | Constellation Brands

Nicholas Carden | Coinbase

Moderator

Louis DiLorenzo | Davis+Gilbert LLP

2:50 p.m. – 3:00 p.m.

Break

3:00 p.m. – 5:00 p.m.

An Update on Franchising and Other IP Transactions in Latin America: Franchising/IP transactions in Latin America: Mexico, Central America, Brazil, and Colombia

Latin America presents some unique opportunities for U.S. businesses to expand their distribution channels outside the U.S. marketplace. Our distinguished panel of Latin American attorneys will provide an update on intellectual property and franchise laws and regulations governing commercial transactions that enable entry to the marketplace in their respective countries/regions.

Speaker

Zarina Beltran | Basham Ringe & Correa; Mexico

Tatiana Campello | Demarest Advogados; Brazil

Juan Carlos Uribe | Triana, Uribe & Michelsen; Colombia

Leon Weinstok | BLP Legal; Costa Rica

Moderator

Marc A. Lieberstein | Kilpatrick Townsend & Stockton LLP; New York, NY