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A View from Congress: New Copyright and Trademark Laws

SKU: IP7800
Total Credits
1 - 1.2
Price$50
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Description

Hidden beneath the headlines of the partisan politics and violence that has engulfed the Capitol, the final days of 2020 saw Congress pass three new copyright and trademark laws that could impact your business: the Trademark Modernization Act, the Copyright Alternative in Small-Claims Enforcement (CASE) Act, and the Protecting Lawful Streaming Act. And a draft bill for reforming the Digital Millennium Copyright Act (DMCA) is circulating in committee. We’ll break down these new laws and explain why they should matter to you.

Lecturer Bios

Kimberly Maynard, Esq.

Kimberly M. Maynard is a partner in the Trademark & Brand Management, and Litigation Groups. She represents emerging and established companies on intellectual property matters across a variety of industries, including technology, fashion, jewelry, finance, food, automotive, television and dance. World Intellectual Property Review recently included Ms. Maynard as a “Trailblazer” in its “Influential Women in IP” list.

Ms. Maynard guides her clients through all aspects of domestic and international brand-building and brand management. She works hard to understand client business goals and to craft practical, cost-effective legal strategies that meet those goals. Ms. Maynard analyzes and assesses the benefits and risks associated with adopting new brands, prepares and implements strategies for the development of new brands, and protects and expands established brands. Ms. Maynard represents clients before the Trademark Trial and Appeal Board and litigates cases involving complex trademark, trade dress, advertising, copyright and design patent issues in federal court. She also negotiates complex license and settlement agreements, advises on domain names and social media, and counsels on the proper use of trademarks and trade dress. Recently, she was part of the Frankfurt Kurnit team that represented Sprint in a high-profile false advertising case.

Prior to joining Frankfurt Kurnit, Ms. Maynard was an associate at BakerHostetler, where, among other things, she led a team of lawyers in an appeal of a Trademark Trial and Appeal Board decision before the Southern District of New York — ultimately securing ownership of trademarks for a major New York City dance theater. Prior to law school, Ms. Maynard was affiliated with Trisha Brown Dance Company.

Ms. Maynard is a member of the New York State Bar Association (Intellectual Property Group) and a member of the U.S. Trademark Law Committee (Intellectual Property Owners Association). She serves on INTA’s Young Practitioner’s Committee and was an Adjunct Professor at New York Law School, where she helped start the PTO Trademark Clinic. She is admitted to practice in the New York and New Jersey state courts, as well as in the Southern and Eastern Districts of New York, the District of New Jersey, and the Court of Appeals for the Second Circuit.

Craig B. Whitney, Esq.

Craig B. Whitney is a partner in the Litigation group, with a focus on copyright, trademark and trade secret disputes.

Mr. Whitney handles copyright, trademark, trade secret, right of publicity, false advertising and patent disputes, protecting valuable intellectual property rights from would-be infringers and defending clients against wrongful accusations of infringement. He also advises clients on brand management and licensing. He oversees internal and administrative intellectual property investigations and class action litigation defense. Mr Whitney prosecutes domestic and foreign trademark applications as well. He actively assists clients in navigating the rapidly evolving landscape of intellectual property law.

Mr. Whitney’s representative work includes a landmark victory clarifying copyright fair use and parody on behalf of several well-known musicians; a defense win dismissing copyright infringement claims brought by a putative class of attorneys against the leading legal research websites; a favorable outcome for a high-end beauty products company in a trademark and trade dress action against a manufacturer of knock-off products; a district and appellate court decision dismissing all claims by a proposed class against an international bank for alleged violations of, among other things, the Federal False Marking Act, RICO and the CAN-SPAM Act; and counseling prominent art museums and galleries on domestic and international copyright issues.

Mr. Whitney is a graduate of Cornell University (BS) and Harvard Law School (JD, cum laude). Following law school, he clerked for the Honorable Stephen V. Wilson in the United States District Court of the Central District of California. He is admitted to practice in New York and California.



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