I recently spoke at a CLE at my firm about how to successfully draft key provisions in an intellectual property license and negotiate them. Here is an edited transcript that I post in two pieces. In this first one I offer suggestions about drafting warranties, indemnities and limitations of liability and I also provider some drafting tips.
January 28, 2013
January 21, 2013
Andrew, joined by his colleagues Mark Grossman and Don Prutzman, will speak at the firm on Thursday morning January 24, 2013, on the art of the deal: how to negotiate intellectual property and technology transactions. The seminar will examine the difficult legal and business issues that often arise in software, copyright and trademark licenses, cloud computing and technology agreements.
July 12, 2012
Sometime in 2013 we may experience the largest expansion of the Internet namespace in history. On June 13, 2012, ICANN (the Internet Corporation for Assigned Numbers and Names) announced the receipt of 1,930 applications from 60 countries for 1,409 new generic top-level domains or gTLDs. (A gTLD is part of the domain name or string to the right of the dot, such as .com., .biz or .org.) A list of applicants is here.
May 30, 2012
I want to encourage all who are able to attend an day-long program in Chicago next Friday June 8 sponsored by the ABA Litigation Section, IP Litigation Committee entitled Hot Topics In Intellectual Property Litigation.
The program at Schiff Hardin’s offices will blanket IP focusing on issues relating to copyrights, trademarks, trade secrets and patent law. The luncheon speaker will be Judge Richard Posner of the United States Court of Appeals for the Seventh Circuit.
April 16, 2012
Thankfully the Second Circuit in Viacom v. YouTube has reversed Judge Stanton’s see no evil, speak no evil opinion which had granted summary judgment to YouTube. But in response to the “most important” issue the appellate court stated it faced, that court dropped the ball.
The issue was whether the actual and red flag standards in § 512(c)(1)(A)(i) and (ii) of the DMCA each required actual knowledge of specific and identifiable infringements.
March 26, 2012
Andrew Berger to Speak at Intellectual Property and Technology Association at Cornell Law School on Brand Protection
Andrew will speak to the Intellectual Property and Technology Association at Cornell Law School on Tuesday evening March 26, 2012 on How Brands May Protect Themselves Against New Forms of Online Attacks and Infringements. Information about the program is here.
March 14, 2012
I this week did a licensing program with Rand Brenner, President & CEO at Licensing Consulting Group. Rand is a licensing expert assisting clients in the acquisition and sales of licensing rights. His recent assignments include acquiring licensing rights for clients to several national brands including Major League Baseball, The NFL and NCAA Football.
At the program I discussed ten considerations the parties to a license agreement should keep in mind when negotiating it.
February 17, 2012
Andrew to Moderate Internet Hot Topics Discussion at the ABA Litigation Section Annual Conference in D.C.
Andrew will moderate a panel discussion at the ABA Litigation Section’s Annual Conference in D.C. The topic will be “Internet and Social Media in the Forefront: Current Hot Issues and Developments.” The program will take place on Thursday April 19, 2012 between 3-4 pm.
Speakers with be Peter Jaszi, Professor of Law at American University Law School; David Perrot, Research Director at Decisionquest; Stanley Pierre-Louis, Vice President and Associate General Counsel for Intellectual Property and Content Protection at Viacom Inc.; and Mozelle Thompson, former Commissioner of the Federal Trade Commission and CEO of Thompson Strategic Consulting.
February 13, 2012
Thinking about outsourcing? Take a deep breadth and you may want sit down till the thought passes. Many outsourcing arrangements fail for a variety of reasons and even when they succeed the costs incurred may be more than the costs saved.
One of the biggest risks is protecting your intellectual property (“IP”) when it is outsourced. There are no silver bullets that will guarantee protection.
February 2, 2012
Presentation at MENG Chapter on Protecting Your Brand and Intellectual Property from Online Infringement
Andrew will speak at a MENG (Marketing Executives Networking Group) NY chapter meeting on Tuesday evening February 7, 2012, on protecting your intellectual property from new forms of online infringements and brand attacks. The transcript of the talk is here. This is an outline of some of what he will cover.
Andrew will discuss why global infringement is a increasing and what brand owners can do to combat it.