Bright Ideas - Winter 2020
A publication of the Intellectual Property Law Section of the New York State Bar Association Can’t see this edition? Please view it here.
Intellectual Property Law Section
The Intellectual Property Law Section of the New York State Bar Association introduces members of our Association to the interesting and growing areas of law which make up Intellectual Property Law, including patents, trademarks, copyrights, trade secrets, licensing and Internet intellectual property law issues. We provide educational programs, other activities and invite the participation of attorneys, law students and non-lawyer members of the business community. We invite our members to take advantage of substantive legal research through our Law Watch search results, to discuss issues and ideas in our discussion groups, and to participate fully in the site’s online community.
Meet the Chair
Robin E. Silverman is Chair of the Intellectual Property Law Section of the New York State Bar Association.
Ms. Silverman is a partner with Golenbock Eiseman Assor Bell & Peskoe LLP in New York, and heads the firm’s IP Group. Ms. Silverman’s practice involves a variety of intellectual property litigation and counseling and the negotiation and drafting of various documents in the media, entertainment, merchandising and online fields. She counsels and litigates in a wide range of areas, including intellectual property, theft of ideas, licensing and unfair competition. She advises clients on acquisitions of intellectual property portfolios, First Amendment issues, privacy and publicity rights, trademark, copyright, “fair use” and internet questions, music rights and advertising issues; and she conducts prepublication review of news and entertainment content. She was included among Crain’s New York “Leading Women Lawyers in New York City,” 2018.
A graduate of New York University School of Law, she holds a Bachelor of Arts degree from Rutgers College.
Contact the Intellectual Property Law Section Liaison
To learn more about this Section, please contact Dana Alamia[email protected]
(518) 487-5607
Online Community
Bright Ideas
The Intellectual Property Law Section Publication (Bright Ideas) features peer-written, substantive articles about current issues in intellectual property law, including patents, copyrights and trademarks. Also included are recent cases and updates on Section programs and events. Edited by Jonathan Bloom, Bright Ideas is published three times per year by the Intellectual Property Law Section and distributed to Section Members free of charge.
Bright Ideas is published as a benefit for members of the Intellectual Property Law Section and is copyrighted by the New York State Bar Association. The copying, reselling, duplication, transferring, reproducing, reusing, retaining or reprinting of this publication is strictly prohibited without permission.
© New York State Bar Association. All rights reserved. ISSN 1530-3934 (print) ISSN 1933-8392 (online)
The Intellectual Property Law Section Newsletter (Bright Ideas) encourages article submissions on topics of interest to members of the Section. Writing an article for a NYSBA Section publication is a great way to get your name out in the legal community and advertise your knowledge. Our authors are respected state-wide for their legal expertise and have written articles on such topics as IP mediation, the impact of transfer pricing on IP lawyers, patents, copyrights, and trademark liability.
MCLE credit may also be earned for legal-based writing directed to an attorney audience upon application to the CLE Board. NYSBA Guidelines for Obtaining MCLE Credit for Writing as well as a Publication Credit Application are available.
If you have written an article and would like to have it considered for publication in Bright Ideas, please send it in electronic document format (pdfs are NOT acceptable), along with biographical information to its Editor:
Jonathan Bloom, Esq.
[email protected]
Individuals interested in submitting an article, announcement, practice tip, etc., for consideration for publication in an upcoming issue are encouraged to do so. Submissions may be on any topic relating to intellectual property and should be works of original authorship. The deadline for receipt of submissions is as follows: Spring/Summer issue=March 1; Fall issue=July 2; Winter issue is October 15.
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Intellectual Property Law Section Committee
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Ips: Pro Bono and Public Interest
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Ips: Ethics
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Ips: Litigation Committee
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Ips: Diversity Initiative
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Ips: Legislative/Amicus Committee
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Ips: International Intellectual Property Law
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Ips: Internet & Technology Law Committee
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Intellectual Property Law Section Executive Committee
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Ips: Cyber Security and Data Privacy Committee
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Ips: Website Task Force
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Ips: Advertising Law Committee
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Ips: In-House Initiative Committee
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Ips : Committee on Trade Secrets
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Ips : Young Lawyers Committee
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Ips : Committee on Trademark Law
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Ips : Transactional Law
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Ips : Committee on Patent Law
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Ips : Nominating Committee
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Ips : Committee on Copyright Law
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Ips: Membership Committee
Fellowship
The Intellectual Property Law Section is committed to providing opportunities for participation of young lawyers and law students in the Section. See below for details on some of the opportunities available.
2 two-year positions offering leadership opportunities within the Intellectual Property Law Section.
Summer fellowship through The New York Bar Foundation, created and funded by the Intellectual Property Law Section.
Legal Links of Interest
General
- US Patent and Trademark Office www.uspto.gov
- The Legal Information Institute at Cornell Law School: Intellectual Property Topicals
- Senate Judiciary Committee
- House Judiciary Committee (includes information from Subcommittee on Courts and Intellectual Property)
- KuesterLaw Technology and Intellectual Property Law
- Franklin Pierce Law Center Intellectual Property Mall
- American Intellectual Property Law Association
- World Intellectual Property Organization (WIPO )
- ABA Section of Intellectual Property Law
- freeadvice.com, Intellectual Property
- Nolo Legal Encyclopedia
- Second Circuit decisions
- Inventnet: for the inventor’s community in cyberspace
- Cyberlaw
- IP Mall Franklin Pierce Law Center
- Cyber Findlaw
- IP magazine online
- Nolo Press Patent, Trademark, and Copyright
- IP Law News Network
- Cyberspace Law Institute
- Internic, the domain name registration office
- IP Center, Law Journal Extra
- Court of Appeals for the Federal Circuit
- Federal Circuit cases via Emory University
- US Senate
- US House of Representatives
- Whitehouse
- Congressional Record via GPO access
- Thomas server
- Code of Federal Regulations via GPO
- Code of Fedaral Regulations via Cornell LII
- Federal Register
- US Code
- American Intellectual Property Law Association
- Intellectual Property Owners Association
Copyright
- The Legal Information Institute at Cornell Law School: Copyright
Federal Material
- Code of Federal Regulations: 37 C.F.R., Chapt. II – Copyright Office
- U.S. Supreme Court:
- U.S. Circuit Courts of Appeals: Recent Decisions on Copyright
International Material
- Berne Convention for the Protection of Literary and Artistic Works
- Universal Copyright Convention
- Convention for the Protection of Producers of Phonograms
- International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations
- GATT 1994 (including the Agreement on Trade-Related Aspects of Intellectual Property)
Other Copyright references (see also General Intellectual Property Links)
Federal Agencies:
- Copyright Clearance Center
- Report of NII Working Group on Intellectual Property
- Coalition for Networked Information
- Association of Research Libraries Copyright Documents
- freeadvice.com, Copyright Law
- The Copyright Website
- Copyright Crash Course
- Copyright Management Center
- The Copyright Website
- Entertainment Law
- Broadcast Music Inc.
Useful Offnet (or Subscription – $) Sources
- Good Starting Point in Print: Paul Goldstein, Copyright: Principles, Law and Practice, Aspen Publishing Co. (1989)
- LII Disk Materials
Patent
- The Legal Information Institute at Cornell Law School: Patents
Federal Material
- Article I, Section 8, US Constitution
- U.S. Code: 35 U.S.C.
- Title 17 C.F.R., Chapt. I – Patent and Trademark Office
- Supreme Court:
- U.S. Circuit Courts of Appeals:
- Recent Decisions on Patent Law
- Summaries of Recent Patent Decisions – liibulletin-patent
International Material
- Patent Cooperation Treaty
- Paris Convention for the Protection of Industrial Property
- GATT 1994 (including the Agreement on Trade-Related Aspects of Intellectual Property)
Other Patent references (see also General Intellectual Property Links)
- Federal Agency:
- www.ibm.com/patent or patent.womplex.ibm.com searchable IBM patent databases, covering more than 2 million U.S patents issued in the past 26 years.
- R. Gruner – Patent Portal
- Software Patent Institute
- Patent and Trademark information
- Oppedahl & Larson Patent Law Web Server
- STO’s Internet Patent Search, including Internet Patent Newservice (Free Weekly E-Mail Notice of Patents Issued)
- Wacky Patent of the Month
- World Intellectual Property Organization (WIPO)
Useful Offnet (or Subscription – $) Sources
- Good Starting Point in Print: Peter D. Rosenberg, Patent Law Basics, West Group (1993)
- LII Disk Materials
Trademark
- The Legal Information Institute at Cornell Law School: Trademark
Federal Material
- U.S. Code: 15 U.S.C. §§ 1051 – 1127
- Title 17 C.F.R., Chapt. I – Patent and Trademark Office
- Supreme Court:
- U.S. Circuit Courts of Appeals: Recent Decisions on Trademark Law
State Material
Uniform or Model Acts
State Judicial Decisions
- N.Y. Court of Appeals:
- Appellate Decisions from Other States
International Material
- Paris Convention for the Protection of Industrial Property
- GATT 1994 (including the Agreement on Trade-Related Aspects of Intellectual Property)
Other Trademark references (see also General Intellectual Property Links)
Key Internet Sources
- Federal Agency:
- Trademark Forms and Related Information (Master-McNeil, Inc.)
- Searchable Yellow Pages – Useful for Trademark Searches, Yellow Pages
- International Trademark Association
- Patent and Trademark information
- World Intellectual Property Organization (WIPO )
Useful Offnet (or Subscription – $) Sources
- The trademark search report service on-line, enables quick domain name searching and you can order a full search via the internet.
- Good Starting Point in Print: J. Thomas McCarthy, Trademarks and Unfair Competition, West Group (1984)
- LII Disk Materials
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