Can a rock band named the “Slants” get a trademark on their band name? Can Apple get a patent for a device that can be used to vaporize cannabis? Does the owner of an Internet “tube” site featuring adult content get immunity from user uploaded videos under the Digital Millennium Copyright Act?
While we learn a lot about real property and contracts in law school, we don’t always learn about how intellectual property law can protect our client’s products, brands and services – especially in the context of modern lifestyle industries. For all practitioners, this CLE course is a fascinating walk through the specific rules that get triggered by clients who are in industries that push the edges of social norms, such as medical marijuana, adult content and the Rock n’ Roll music industry. Peter Afrasiabi also addresses the fascinating morality standards that apply and are deployed in the trademarking and patenting process to limit the scope of trademarks and patents in matter that is deemed scandalous by the government. We will start with an IP overview for the general practitioner and then explore the copyrighting, trademarking and patenting rules that are being tested by these industries.
From battles with Madonna over the “Material Girl” brand to fair use disputes with the Eagles’ Don Henley to protecting such iconic brands as Bettie Page in trademark and trade dress disputes, Peter R. Afrasiabi primarily handles copyright, trademark, and entertainment disputes. He is also the Chair of the Appellate Practice Group for One LLP and co-director of the Appellate Litigation Clinic at the University of California, Irvine School of Law.