SoCal IP Law Group

The SoCal IP Law Blog

Monthly Archives: December 2013

SoCal IP Institute :: Dec. 30, 2013 :: The test for irreparable harm resolved in Herb Reed Case; NBA continues its aggressive litigation stance towards counterfeiters

In Herb Reed Enters., LLC v. Fla. Entm’t Mgmt., __ F.3d __. No. 12-16868, 2013 U.S. App. LEXIS 23938, *24 (9th Cir. Dec. 2, 2013), see the case here, the Ninth Circuit  reversed the district court’s grant of a preliminary injunction against defendants’ use of the mark “The Platters” in connection with a vocal group, the panel held that the likelihood of irreparable harm must be established, rather than presumed, by a plaintiff seeking injunctive relief in the trademark context.

Further, in NBA Properties, Inc., et al. vs. The Partnerships and Unincorporated Associations, Case No. 1:13-cv-08870 (N.D. Ill.), case available here, multiple professional sports organizations join as plaintiffs in an aggressive and detailed complaint against un-named defendants to stop the selling of counterfeit products — the lawsuit is primarily targeted towards defendants likely located in China who, as the complaint alleges, have availed themselves of US jurisdiction via the internet.

All are invited to join us in our discussion during the SoCal IP Institute meeting on Monday, December 30, 2013 at Noon in our Westlake Village office. This activity is approved for 1 hour of California MCLE credit. If you will be joining us, please RSVP to Noelle Smith by 9 am Monday morning.

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SoCal IP Institute :: December 16, 2013 :: Ethical Issues in Social Media

Our weekly SoCal IP Institute meeting on Monday, December 16, 2013 will be a discussion of ethical issues in social media. The discussion will be based upon a video presentation available here.  The discussion is designed to help lawyers and law firms understand the professional ethics rules and other state bar regulations governing the use of social media, with a special emphasis on the first amendment constraints around these rules and specific examples of the use (and misuse) of current social media platforms.

Topics will include:

  • • Rules of Professional Conduct: The ABA model rules, state-specific examples, what they mean for online communications.
  • • The Commercial Speech Doctrine: Understanding lawyer’s first amendment rights, and how the commercial speech doctrine defines how expansively attorney advertising regulations can be read.
  • • Social Media: Social media (twitter, facebook, blogging, etc.) raises a host of issues with respect to advertising rules. Topics will include thoughts on ways to use these tools while still complying with advertising and solicitation rules.

All are invited to join us in our discussion during the SoCal IP Institute meeting on Monday, December 16, 2013 at Noon in our Westlake Village office. This activity is approved for 1 hour of California ethics MCLE credit. If you will be joining us, please RSVP to Noelle Smith by 9 am Monday morning.

SoCal IP Institute :: November 28, 2013 :: How FDA Legal Issues Shape Human Health

Our weekly SoCal IP Institute meeting on Monday, November 28, 2013 included a discussion by Michael H. Cohen of the Michael H. Cohen Law Group regarding the ways in which FDA legal issues shape human health.

attorney_cohen1-210x170A copy of Mr. Cohen’s PowerPoint slides from that discussion is available here.