#IPLSpring CLE Preview: From the Inside Looking Out: An In-House Counsel Perspective on US International Trade Commission Investigations

Credit: U.S. International Trade CommissionWait! Don’t leave! One of the capstone CLE events of the 28th Annual Intellectual Property Law Conference in Arlington, VA this year covers the topic of Section 337 investigations. The CLE session will take place on Friday, April 5th, from 3:30 PM until 5:00 PM in Salon IV of the Arlington Ballroom. Plus, the program is eligible for ethics credit!

Section 337 of the Tariff Act of 1930 is used most often in the area of intellectual property to prohibit the unfair methods of competition or other unfair acts in the importation of goods into the United States. Claims include allegations of patent infringement and trademark infringement by imported goods.

#IPLSpring CLE Preview: Copyright: Copyright Infringement in Patent Prosecution: Might Your Firm Be the Next Litigation Target?

We are less than a week away from the ABA’s 28th Annual Intellectual Property Law Conference in Arlington, VA! There will be over 30 Continuing Legal Education credit sessions, some eligible for ethics credit, in addition to multiple networking events. I will be covering one of the sessions on Copyright called “Copyright Infringement in Patent Prosecution: Might Your Firm Be the Next Litigation Target?” at 8:30 AM in the Arlington Salons 5 and 6.

5 Attorneys on 5 Entertainment Contract Essentials

Image Credit: frank3.0 on FlickrIn the world of entertainment contracts it can be next to impossible to comprehend the legalese without a thorough understanding of the law. Yet, there must be some essential points to an entertainment contract that all creative people should know about, right?

In searching for an answer to the “essential points” question, I decided to poll five prominent entertainment attorneys from across the country and ask them! Here’s what I discovered:

Can Fair Use Save Imaginationland in Latest ‘South Park’ Lawsuit?

Another lawsuit against Comedy Central’s hit show South Park could lead to a dead end. The focus of this post is to examine the fair use defense instead of the lack of similarity or likelihood that South Park was specifically referencing Exavier Wardlaw’s The Lollipop Forest.

1: What Exactly Is Going On?

The Lollipop King from South Park.On Tuesday, October 2, 2012, Exavier Wardlaw filed a complaint in the United States District Court for the Eastern District of Pennsylvania naming South Park Studios, Trey Parker, and Matt Stone as defendants. Wardlaw alleges copyright infringement by the South Park executives through the use of the “Lollipop King” character in a three-episode story arc entitled Imaginationland. The episodes aired on Comedy Central in October 2007. The complaint lists the airing of the episodes as 2009, which might have been based on re-runs instead of the initial premiere.

Wardlaw created a “dramatic work and music; or choreography” called ‘Navah and Nasim and The Lollipop Forest” in 2005 according to a behind-the-scenes YouTube video and U.S. Copyright Office filing. Wardlaw filmed the work which he then put on YouTube. The copyright in the musical/ play was officially registered on March 7, 2006. You can click here and search “PAu003048246” as the “Registration Number” to see the copyright registration. Imaginationland was registered with the U.S. Copyright office on October 31, 2007, the air date of the final episode in the story arc (See registration PA0001590750).

South Park Studios combined all three episodes to release the feature-length version of ‘Imaginationland’ in 2008 and also won an Emmy Award for Outstanding Animated Program.