Corporate Counsel's Guide to

IP in Advertising & Marketing

Understanding Fair Use, Enforcing Your Rights, and Leveraging Opportunities

Monday, February 27, 2006

About

Are recent developments in "fair use" threatening your marketing, licensing, and enforcement activities?

With a plethora of new case law defining and redefining fair use of copyrights and trademarks, your company must carefully evaluate its use of others' intellectual property and adopt new measures to protect its own IP. To minimize the risk of infringement suits, effectively and properly use other people's intellectual property, and protect your own vital assets, you need to be equipped with all the latest information on the most recent and relevant case law, regulatory developments, and popular marketing and advertising trends.

Counsel and marketing executives must identify practices that put the company at risk, and spot behavior that can leave your property wide open to certain types of legally permissible "infringements." Armed with the proper information to conduct an analysis of your advertising and marketing policies, you can ensure proper use of trademarks and copyrights, while allowing your marketing department to flourish and move into new realms.

American Conference Institute's publication on Corporate Counsel's Guide to IP in Advertising & Marketing will provide you with the need-to-know legal and business developments that affect the way advertising and marketing departments operate. You will hear about the latest case law, legal strategies, negotiation tactics, and marketing trends from leading in-house counsel and expert attorneys who face intellectual property issues for their companies and clients on a daily basis.

Contents & Contributors

About

Are recent developments in "fair use" threatening your marketing, licensing, and enforcement activities?

With a plethora of new case law defining and redefining fair use of copyrights and trademarks, your company must carefully evaluate its use of others' intellectual property and adopt new measures to protect its own IP. To minimize the risk of infringement suits, effectively and properly use other people's intellectual property, and protect your own vital assets, you need to be equipped with all the latest information on the most recent and relevant case law, regulatory developments, and popular marketing and advertising trends.

Counsel and marketing executives must identify practices that put the company at risk, and spot behavior that can leave your property wide open to certain types of legally permissible "infringements." Armed with the proper information to conduct an analysis of your advertising and marketing policies, you can ensure proper use of trademarks and copyrights, while allowing your marketing department to flourish and move into new realms.

American Conference Institute's publication on Corporate Counsel's Guide to IP in Advertising & Marketing will provide you with the need-to-know legal and business developments that affect the way advertising and marketing departments operate. You will hear about the latest case law, legal strategies, negotiation tactics, and marketing trends from leading in-house counsel and expert attorneys who face intellectual property issues for their companies and clients on a daily basis.

Contents & Contributors


FAIR USE PALOOZA: THE SUPREME COURT'S KP PERMANENT DECISION OPENS A CAN OF WORMS
Sally Abel, Fenwick & West LLP
Albert Sieber, Fenwick & West LLP

NAVIGATING THE EVOLVING DEFINITION OF "USE IN COMMERCE"
Stephen Feingold, Pitney Hardin LLP

TRADEMARKS AS METATAGS AND KEYWORDS: EXPLICATION OF LEGAL ISSUES AND CURRENT TRENDS
Joshua Paul, Sedgwick, Detert, Moran & Arnold, LLP

USE OF COMPETITORS' TRADEMARKS AS KEYWORDS: CORPORATE CONSIDERATIONS
Allison McDade, Dell Inc.

OPTIONS FOR INSURING MARKETING – RELATED PERILS
Chad E. Milton, Marsh USA, Inc.

USING INSURANCE IN MANAGING LIABILITIES FROM INFRINGEMENTS IN ADVERTISING AND MARKETING
Jay M. Levin, Reed Smith LLP

RECENT KEYWORD ADVERTISING CASES
Michael Kwun, Google Inc.

MAPPING THE LEGAL FUTURE OF TARGETED INTERNET ADVERTISING: HOW REAL ARE THE THREATS TO ADWARE AND SPYWARE?
Terence Ross, Gibson, Dunn & Crutcher LLP

RIGHTS OF PUBLICITY/PRIVACY
Rick Kurnit, Frankfurt Kurnit Klein & Selz PC

FAME DAHLING: RIGHTS OF PUBLICITY AND ENTERTAINMENT LICENSING
William Coats, White & Case LLP
Julieta Lerner, White & Case LLP
Alvina Hsu, White & Case LLP

SECURING ALL NECESSARY RIGHTS WHEN USING CELEBRITIES IN YOUR MARKETING AND ADVERTISING
Heather Rafter, Digidesign

SOME OBSERVATIONS ABOUT THE USE OF SOUND RECORDINGS IN COMMERCIALS
Brian Murphy, Frankfurt Kurnit Klein & Selz PC

EFFECTIVE USE OF LICENSING – AND THE PUBLIC DOMAIN – IN YOUR MARKETING EFFORTS
Amy Benjamin, Darby & Darby PC
John LaBarre, & Darby PC

SPOTTING AND CLEARING 3RD–PARTY RIGHTS IN AUDIOVISUAL MARKETING MATERIALS: AN OUTLINE OF INTELLECTUAL PROPERTY ISSUES
David Sternbach, A&E Television Networks

STRUCTURING, NEGOTIATING, AND DRAFTING SPONSORSHIP AND JOINT MARKETING TRANSACTIONS
David Ervin, Collier Shannon Scott

CANADA: KEY IP AND RELATED ISSUES IN CROSS-BORDER MARKETING
Sheldon Burshtein, Blake, Cassels & Graydon LLP



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